List of Recommendations

Recommendation 1

8.11
The committee recommends the Australian Government take a comprehensive and integrated approach to addressing the challenges of work and care in this country. The Australian Government should implement the recommendations in the committee's interim and final reports to a range of systems, including workplace relations, early childhood education and care, paid leave, disability and aged care, as well as financial supports for carers. This reform package should ensure that Australians have a right to care, alongside their right to work, and our systems and laws should provide unequivocal support for this important role through a new work and care social contract fit for the 21st century.

Recommendation 2

8.15
The committee recommends the Australian Government include a statement in the employment white paper, providing an estimate of the annual financial contribution of unpaid care to the national economy. Further, the committee recommends that the Australian Government consider including a statement in the Budget papers providing an estimate of the annual financial contribution of unpaid care to the national economy. The committee also recommends that the wellbeing budget include specific analysis of the contribution of care to wellbeing, and include measurement of such care, its state and change over time.

Recommendation 3

8.31
The committee recommends the National Cabinet develop a framework for and progress the implementation of a universal, quality, place‑based and child-centred early childhood education and care (ECEC) system. The new ECEC framework should be developed within 12 months and:
be supported by a clear policy framework which seeks to strengthen outcomes for children, their carers, childhood educators and childcare providers;
be developed with active consideration of working carers, and especially women, to support better access to paid employment (including outside of core hours) while balancing work and care responsibilities; and/or set rosters that include caring responsibilities; and
address 'childcare deserts' by providing ECEC facilities in rural, remote and some regional areas, and ensure culturally-appropriate, community managed and trauma-informed ECEC is made available where needed, especially in First Nations communities.
8.32
The committee further recommends that the Australian Government continue to regularly review ECEC systems for adequacy, and undertake appropriate changes, with a view to universal, early childhood education and care.

Recommendation 4

8.34
The committee recommends that the Australian Government work through National Cabinet to develop a framework for a universal early childhood education and care (ECEC) system that is consistent across Australia. This framework should be implemented with a view to increase access to quality ECEC and lower its costs.

Recommendation 5

8.40
The committee recommends the Australian Government consider the provision of a further 100 publicly owned early childhood education and care centres (including centres operated by local government), in areas identified as 'childcare deserts' and/or as having unmet demand. The centres should provide holistic, culturally appropriate, and trauma-informed services to children.

Recommendation 6

8.44
The committee recommends the Australian Government request the Productivity Commission to identify ways to extend the Preschool Reform Agreement (PRA) to both three- and four-year old children, to ensure that all children can access early childhood education and care in the two years prior to commencing school.
8.45
The committee further recommends that the hours of subsidised care provided for by the PRA be increased, to a minimum of 15 hours a week (600 hours a year) and a maximum of 30 hours a week (1200 hours a year), based on the needs of the child and their carers.

Recommendation 7

8.48
The committee recommends the Australian Government request the Productivity Commission to immediately review the Inclusion Support Program and consider appropriate action including, but not limited to the commitment of additional funding of the program, with a view to provide extra support to children who have additional needs to participate in ECEC. Indexation of funding should also be considered.

Recommendation 8

8.54
The committee recommends the Department of Employment and Workplace Relations and the Department of Education develop a large-scale, evidence‑based, appropriately evaluated, holistic, non-compulsory training and work placement program, to assist informal carers returning to or seeking further engagement with paid employment, training or voluntary work. Recognition of the prior education, employment and experiences of informal carers should be incorporated into the program.
8.55
The committee further recommends that the compulsory elements of ParentsNext be abolished for people providing care.

Recommendation 9

8.59
The committee recommends the Department of Health and Aged Care, in consultation with key stakeholder groups and allied health professionals, develop a mental health support program tailored to carers aged 25 years and under. The program should consider:
the unique mental and physical health impacts of caring on young people;
the intersection of mental health for young carers with their education, training and employment opportunities and outcomes; and
how to raise awareness in educational settings of the burdens faced by young carers and how educators can support and direct young carers to appropriate support programs.

Recommendation 10

8.62
The committee recommends the Australian Government review the accessibility, availability, and flexibility of respite care with a view to improving respite care options available to working carers and those they care for.

Recommendation 11

8.65
The committee recommends the Australian Government develop and implement programs and initiatives for informal carers from migrant and culturally and linguistically diverse (CALD) backgrounds to improve access to carer support services and family support.

Recommendation 12

8.66
The committee recommends that the Department of Employment and Workplace Relations develop training materials for all staff in care roles about cultural competency and safety, discrimination and anti-racism and the delivery of trauma-informed care.

Recommendation 13

8.74
The committee recommends the Department of Health and Aged Care and the National Indigenous Australians Agency develop processes to ensure that:
care services for First Nations people transition to First Nations community-controlled organisations; and
culturally appropriate training in care service sectors is available to workers providing care to First Nations communities, especially in regional, remote and some urban areas.

Recommendation 14

8.78
The committee recommends the Australian Government undertake further work in relation to the supported employment sector, including Australian Disability Enterprises (ADEs), to ensure that they meet community expectations, and both improve and increase pathways for disabled people into open employment. This work should build on work already being progressed through the Disability Reform Ministerial Council.

Recommendation 15

8.88
The committee recommends the Australian Government support workers and their representatives in the care sector to use the mechanisms available to them through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 to achieve wage increases. This could include care sector workers and their representatives accessing the supported bargaining stream, initiating an application for an equal remuneration order, or a work value claim.
8.89
The committee further recommends the Australian Government support a priority application to the Fair Work Commission (FWC) through the newly established care and community sector expert panel, for award wage increases for all care sectors including early childhood education, disability care and aged care, and all sectors covered by the relevant childcare, and Social, Community Home Care and Disability Services Industry (SCHADS) Awards.
8.90
In order to address pay equity and to stem the flow of workers out of the care sector, such a priority application should draw the FWC's attention to:
the need to reconsider and appropriately reward classifications, wage structures, conditions and entitlements across all care sectors and awards, and under the SCHADS Award. This consideration should include appropriate relative pay across the care sector reflecting the nature of work and qualifications, skills and experience. It should also recognise the impact of gender on caring roles and the unique skills, variability and value of care work;
the appropriateness of care sector employees receiving payments for work-related travel time, administrative responsibilities and engagement with essential training; and
the appropriateness of a minimum shift call‑in time across the care sector (for example, a four‑hour minimum or another identified suitable minimum period).
8.91
The Australian Government should consider mechanisms to fund and implement, in accordance with historical practice, any wage increases and improved conditions agreed to by the FWC.

Recommendation 16

8.100
In light of recent and forthcoming legislative amendments, the committee recommends the Australian Government consider mechanisms to fund and implement a pathway to reach international best practice of 52 weeks of paid parental leave. The government-funded leave should be paid at least at the minimum full-time wage, with consideration given to encouraging employers to top up payments to full wage replacement.
8.101
The committee also recommends the Australian Government consider further amendments to the Paid Parental Leave Act 2010 to:
include 'use it or lose it' provisions so that a proportion of the leave is taken by a co-parent;
guarantee the full period of paid leave to sole parents; and
ensure superannuation is paid in addition to paid parental leave payments.

Recommendation 17

8.107
The committee recommends that the definition of 'immediate family' in the Fair Work Act 2009 be amended and broadened for the purposes of an employee accessing carer's leave. In addition to the current definition, the following persons should be classified as 'immediate family':
any person who is a member of an employee's household, and has been for a continuous period of over 18 months;
any of the employee's children (including adopted, step and ex‑nuptial children);
any of the employee's siblings (including a sibling of their spouse or de facto partner); and
any other person significant to the employee to whom the employee provides regular care.

Recommendation 18

8.111
The committee recommends the Australian Government consider the adequacy of existing leave arrangements and investigate potential improvements in leave arrangements in the Fair Work Act 2009, including separate carer's leave and annual leave.

Recommendation 19

8.115
The committee recommends the Australian Government request the Fair Work Commission to review access to and compensation for paid, sick and annual leave for casual and part-time workers.

Recommendation 20

8.119
The committee recommends the Department of the Prime Minister and Cabinet consider the operation of markets in the aged, disability and early childhood education and care sectors and the effectiveness of current models of provision (including profit and not-for-profit models) in delivering quality care and addressing provision in thin markets.

Recommendation 21

8.125
The committee recommends, alongside its Interim Report recommendations to ensure employees have predicable, stable rosters, the Australian Government supports a review by the Fair Work Commission (FWC) of current industrial awards, to require employers to give advance notice of at least two weeks of rosters and roster changes (except in exceptional circumstances) and genuinely consider employee views about the impact of proposed roster changes and to accommodate the needs of the employee.
8.126
The committee further recommends the Australian Government support a review by the FWC into current industrial awards, to ensure employees have a 'right to say no' to extra hours with protection from negative consequences.

Recommendation 22

8.130
The committee recommends the Australian Government write to the Fair Work Commission suggesting a review of the operation of the 38‑hour working week set in the National Employment Standards, the extent and consequences of longer hours of work. The review should also consider stronger penalties for long hours and other possible ways to reduce them, including through the work, health and safety system which requires employers to ensure safe working hours as a part of providing a safe workplace.

Recommendation 23

8.135
The committee recommends the Australian Government consider amending the Fair Work Act 2009 to include an enforceable 'right to disconnect' under the National Employment Standards, giving all workers a right to disconnect once their contracted working hours have finished and restricting employers from communicating with workers outside of work hours, except in the event of an emergency or for welfare reasons.
8.136
The committee further recommends the Australian Government increase penalties for employers who commit wage theft through, for example, unpaid additional hours of work and consider changes to law that make these cases subject to criminal charges.

Recommendation 24

8.142
The committee recommends the mandatory annual reporting of companies with over 20 000 employees in Australia to the Fair Work Commission on workplace practices to ensure roster justice and flexible working arrangements.
8.143
The committee further recommends the mandatory collection of data by these companies of requests, including at store level, for roster changes and flexible working arrangements, and the percentage of changes to shifts that have been initiated by the employer within one week of the shift taking place. The data should:
include a collection of all requests, including those deemed 'informal', and detail whether these requests were approved, approved with modification, or denied;
provide information on the length of employment (up until the date of reporting) for that employee after their request was initially made; and
be provided in full to the Workplace Gender Equality Agency and published on the respective company's website.

Recommendation 25

8.151
The committee recommends the Australian Government respond to the recommendations of the Senate Select Committee on Job Security as a matter of priority. The committee reiterates those recommendations and calls on the Australian Government to:
develop a new statutory definition of casual employment that reflects the true nature of the employment relationship and is restricted to work that is genuinely intermittent, seasonal or unpredictable; and
restrict the use of low base hour contracts, which can be 'flexed up' without incurring any pay penalty for additional hours worked beyond contract, and ensure permanent part-time employees have access to regular, predicable patterns and hours of work. This could include implementing penalty rates for any hours worked over the contracted amount. For example, if an employee is contracted for 15 hours and their employer rosters them for more, they should be paid a penalty rate for hours worked beyond the contracted amount.
8.152
The committee further recommends that the Australian Government develop clearly delineated statutory definitions of part-time and full-time employment and that these definitions, as well as a definition of casual employment, be inserted into the Fair Work Act 2009. These definitions should accurately reflect modern employment relationships and address employers' use of widely accepted legal loopholes, which can result in employment conditions that do not align with community expectations. In particular, the growing trend of part-time work to function as a form of casual employment without the benefit of casual loading.

Recommendation 26

8.157
The committee recommends that the principle of equal pay for equal work should be applied to gig workers, who currently do not have the same conditions and entitlements as other workers. Gig workers should have the same rights regarding predictability of work, liveable income, decent health and safety standards, and paid sick and holiday leave.
8.158
The committee further recommends the Australian Government remove incentives for gig platforms to avoid workplace regulations.

Recommendation 27

8.166
The committee recommends the Australian Government request the Fair Work Commission undertake a review of standard working hours with a view to reducing the standard working week.

Recommendation 28

8.167
The committee recommends the Australian Government undertake a four‑day week trial based on the 100:80:100 model whereby employees retain 100 per cent of the salary while reducing their hours to 80 per cent while maintaining 100 per cent productivity. The trial should be implemented in diverse sectors and geographical locations.
8.168
The Australian Government should partner with an Australian university throughout the trial to measure the impact of a four-day week on productivity, health and wellbeing, workplace cultural change, gender equality in the workplace as well as the impact on the distribution of unpaid care across genders.

Recommendation 29

8.175
Noting that the Productivity Commission will consider and report findings on the abolition of the Child Care Subsidy activity test, the committee recommends the Australian Government consider amending the relevant social policy and family assistance laws to abolish activity tests.

Recommendation 30

8.180
The committee recommends the Australian Government review the level of Carers Payment and Carers Allowance, acknowledging the significant social and economic contribution that carers make.
8.181
The committee also recommends that the Australian Government consider reversal of the current policy which transfers sole parents from Parenting Payment Single to JobSeeker Principal Carer payments when their youngest child turns eight years of age, and imposes mutual obligation activities on them when their youngest child turns six years of age.
8.182
The committee further recommends the Australian Government ensure all income security payments are regularly reviewed to ensure that they are adequate.

Recommendation 31

8.189
The committee recommends the Australian Government amend, without delay, the Fair Work Act 2009 to establish the right to superannuation as a National Employment Standard.

Recommendation 32

8.195
The committee recommends the Australian Government consider the implementation of a care credit scheme informed by the reform options proposed in the 2013 Australian Human Rights Commission, Investing in care: Recognising and valuing those who care report. As part of its review the Australian Government should investigate possible mechanisms to address the superannuation gap between men and women, including consideration of paying care credits to superannuation for up to five years for parents who take leave and reduce hours of employment to care for others.

Recommendation 33

8.201
The committee recommends the establishment of a new longitudinal data set in parallel to the Household Income and Labour Dynamics in Australia survey with a specific focus on workplaces and the experience of workers within them, including how they intersect with care activities.
8.202
The committee further recommends that additional research be funded to independently analyse and publicly report on the circumstances and experiences of carers in Australia.

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Past Public Hearings

30 Jan 2023: Sydney
20 Dec 2022: Sydney
08 Dec 2022: Canberra