The AEU's submission to the Human Rights and Equal Opportunity Commission's Valuing Parenthood: Options for Paid Maternity Leave: Interim Paper 2002 has been completed and submitted after a wide consultation.

All States and Territories have expressed their views and needs in relation to paid maternity leave and other forms of family friendly provisions. This has been facilitated through AEU State and Territory Women's Conferences held across Australia over the last few months as well as a thorough membership survey.

There has also been a thorough scan completed of provisions in relation to paid maternity leave and other leave for family purposes available to our members across Australia which also serves to inform our submission.

This process has been achieved through the collaboration of the Federal Office of the Australian Education Union with its Branches and Associated Bodies in each State and Territory.

The submission is also based upon extensive membership research conducted by the AEU during 1999 which resulted in the "Building the Foundations of Our Future" report.

Research undertaken by the AEU into the TAFE sector which resulted in the "TAFE Teachers: Facing the Challenge" report has also informed the content of this submission.

Further the model proposed by the AEU is based upon AEU policy in relation to paid maternity leave and other forms of parental leave which has been adopted by 2002 Annual Federal Conference.

Thus the position proposed by the AEU in this submission has had significant member input at all levels of the organisation and as such represents a broadly canvassed view.

In our submission the AEU makes the following recommendations:

That any system of paid maternity leave must be based upon the ILO Maternity Convention 183 and Recommendation 191. It is our belief that in the first instance the system should apply to working women but the development of a dual system which would encompass women in unpaid work would be supported.

The submission very clearly stated that current conditions which have been achieved for women are to be further enhanced by the introduction of any National system not diminished.

Eligibility for paid maternity leave should be broad to allow the maximum number of women in the work force regardless of their type of employment to be able to access paid maternity leave. Thus we were extremely strong in our submission in relation to the entitlements of casual and precariously employed teachers.

The AEU submission did not support an obligation period, where the employee is required to return to work for a minimum period following paid maternity leave, as this does not currently exist for education workers.

The key elements of the model proposed by the AEU are that it should:

1. be funded as a minimum, at current minimum wage or current salary whichever is greater. The minimum wage component should be Federal Government funded through the taxation system and the remainder to be funded by the employer;
2. ensure all employers pay a levy which would supplement the Federal Government's payment to average weekly earnings. The levy should be paid by all employers for all employees based upon their payroll with exemptions for small business;
3. deliver salary in excess of this through bargaining, paid by the individual employer;
4. allow the entitlement to paid maternity leave to be equally available to adoptive parents and allow provision for foster parents as part of the scheme.

Under the model developed, the provision of the following would also be important:

• the option to take the 14 weeks paid maternity leave for 28 weeks at half the paid amount;
• the right of women to return to the workforce in the same job and at the same level of classification as permanent part-time if they choose;
• the right to access up to 10 years leave for family responsibilities;
• the right to access accrued long service leave in conjunction with any paid maternity leave;
• prenatal leave of 5 days paid for women to attend medical appointments related to pregnancy;
• paternity leave of 15 days for spouse, de facto spouse or same sex spouse.

These are all elements of AEU policy contained within the National Claim Framework adopted by the 2002 AEU Federal Conference and mirror the Australian Catholic University decision of 2001. In some Branches and Associated Bodies these provisions have been achieved.

The AEU strongly advocated that the provision of paid maternity leave is one mechanism in a suite of family friendly conditions and that development of other provisions which support family friendly conditions be part of ongoing work of the Human Rights and Equal Opportunity Commission.

Click here to view the AEU Submission