A high school teacher has failed in a Fair Work bid for 16 weeks of paid parental leave after claiming he was entitled to the benefit once he became the primary carer for his newborn.
Andrew Read sought to remain at home with the child after his wife returned to work, arguing that he would then take on the role of primary caregiver.
However, the 16-week paid leave provision in his workplace agreement was not available to every parent who assumes primary caring duties.
The entitlement applied only in defined circumstances in which a person is granted parental responsibility, such as through adoption, surrogacy or a permanent care order.
As the biological father, Mr Read held parental responsibility from the time of the child’s birth and did not satisfy those requirements.
Mr Read has worked as a classroom teacher at Mordialloc College since January 2024.
He and his wife welcomed their child in 2026.
His wife first took parental leave as the baby’s primary caregiver, while Mr Read took four weeks of paid partner leave between January and March 2026.
Andrew Read, pictured, sought access to more generous leave provisions while caring for his newborn.
Fair Work Commissioner Oanh Thi Tran, pictured, recognised the benefits of fathers taking parental leave but found Mr Read could not access the entitlement under the agreement.
At the same time, he applied for the more generous entitlement known as ‘other paid parental leave’, which provides up to 16 weeks of paid leave.
Mr Read argued that he should qualify because he planned to become the child’s primary carer once his wife returned to work.
While his paid partner leave was approved by the college’s principal, she said she did not have authority to approve the additional leave and referred his follow-up request to Victoria’s Department of Education.
The department rejected the application, arguing that although Mr Read was the child’s biological father, he did not meet the eligibility criteria for the 16-week entitlement.
Fair Work Commissioner Oanh Thi Tran upheld that decision on September 4.
She found the entitlement was clearly limited to particular circumstances and did not extend to biological fathers simply because they later took over the day-to-day care of their child.
The provision applies to Victorian education employees who have been granted parental responsibility following an adoption, surrogacy arrangement, permanent care order or in other circumstances approved by the education department.
During proceedings, Mr Read argued that he did not need a formal legal order or official process to be given parental responsibility.
A Melbourne high school teacher who wanted to become his newborn baby’s primary carer while his wife returned to work has lost a Fair Work Commission battle
He said that once his wife returned to work and he took over caring for their baby, he would effectively become the child’s primary caregiver and have parental responsibility.
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The department disagreed, arguing there had been no new grant of parental responsibility because Mr Read already held that responsibility automatically as the child’s biological parent.
Commissioner Tran agreed, finding no one had ‘given, accorded, bestowed or conferred’ parental responsibility on Mr Read because he had automatically acquired it when his child was born.
While she acknowledged the benefits of fathers taking parental leave, she found the agreement did not allow Mr Read to access the entitlement he was seeking.
‘This is an admirable and appropriate thing for a father to desire,’ she wrote in her published decision.
‘I accept that it may be desirable for fathers and non-birthing parents to have entitlements to paid parental leave, particularly in circumstances where they may be the primary caregiver.’
But she found the agreement clearly limited the 16-week entitlement to specific circumstances and did not cover biological fathers in Mr Read’s position.
Mr Read had also argued that the agreement should be interpreted in a way that was not discriminatory.
A growing number of Australian employers have also moved towards gender-neutral parental leave policies, with 20 per cent offering the same leave entitlements to all parents irrespective of gender
Commissioner Tran rejected that argument.
‘I do not consider that there is any discrimination where more generous provisions have particular criteria required in order for them to be accessed,’ Commissioner Tran wrote.
‘Interpreting an agreement does not involve rewriting it to give effect to what might be regarded as a fair or just outcome.’
The case is likely to reignite debate about parental leave entitlements for fathers and other parents who become primary carers.
Currently, the Australian Government provides eligible parents with up to 26 weeks of Paid Parental Leave at the national minimum wage, while the National Employment Standards guarantee eligible employees access to unpaid parental leave.
The Workplace Gender Equality Agency reported last month that two in three employers with 100 or more staff now offer paid parental leave.
The amount of leave varies between employers and is often linked to whether an employee is classified as a primary or secondary carer.
On average, employers provide 14 weeks of paid leave to primary carers and 3.7 weeks to secondary carers.
A growing number of Australian employers have also moved towards gender-neutral parental leave policies, with 20 per cent offering the same leave entitlements to all parents irrespective of gender.
WGEA said the approach encourages a more equal sharing of caring responsibilities and helps remove gender stereotypes around parenting.
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