The majority voted in favour of disagreeing with amendments introduced by Warringah MP Zali Steggall (Independent), which means they failed.

What do the amendments do?

Ms Steggall explained that:

Amendments (1) to (3) deal with potential impacts on the productivity of businesses being roped into multi-employer bargaining after it has been completed. They haven't even been part of the negotiations, and the bill currently allows an employee representative—the union—to join an employer to a multiparty EBA after the conclusion of the agreement. The Fair Work Commission should consider the potential impact on the productivity of a business as a result of being compelled to sign onto the EBA. This is a straightforward amendment that should not be objected to by the government.

The public interest test is amendment (6). Again, the amendment deals with the potential effects on productivity and competition. The bill as currently drafted requires the Fair Work Commission to be satisfied that it is not contrary to the public interest to do so before making a single-interest authorisation. The problem is that the drafting does not specify what would be contrary to the public interest. There is, therefore, no guarantee that the Fair Work Commission would take into account the benefits to productivity, competition and consumer protection that come from enterprise-level collective bargaining. The proposed amendment would require the Fair Work Commission to take into account the need to achieve productivity and fairness through an emphasis on enterprise-level collective bargaining and the need to enhance the welfare of Australians through the promotion of competition and fair trading and the provision of consumer protections.

Amendment (5) deals with common interest. In the single-interest stream, the common interest test in the current bill is very loosely defined and could have the effect of lessening competition by obliging smaller competitors to agree to multi-employer agreements with much larger businesses, with the potential for the smaller competitors to simply be priced out of the market. My proposed amendments would oblige the Fair Work Commission to take into account the economic circumstances and the relative sizes and scope of the employers' enterprises, as well as the extent to which the employers operate collaboratively rather than competitively, when determining whether the employers have a common interest.

Of course, we've heard much today of the small business definition. The bill currently exempts businesses with fewer than 15 employees from being forced into single-interest employer bargaining. That figure is ridiculous. Many businesses with up to 50 employees would be unable to compete with large businesses who could afford to absorb the extra cost. They will go to the wall. What the amendment proposes is that it be at 50 full-time equivalent. At the very least, the government is saying it will consider it, and there is dispute on this number.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 4 Yes 0 No
Adam Bandt Melbourne Yes
Stephen Bates Brisbane Yes
Max Chandler-Mather Griffith Yes
Elizabeth Watson-Brown Ryan Yes
Australian Labor Party (95% turnout) 72 Yes 0 No
Anne Aly Cowan Yes
Michelle Ananda-Rajah Higgins Yes
Chris Bowen McMahon Yes
Tony Burke Watson Yes
Matt Burnell Spence Yes
Josh Burns Macnamara Yes
Mark Butler Hindmarsh Yes
Alison Byrnes Cunningham Yes
Jim Chalmers Rankin Yes
Andrew Charlton Parramatta Yes
Lisa Chesters Bendigo Yes
Jason Clare Blaxland Yes
Sharon Claydon Newcastle Yes
Libby Coker Corangamite Yes
Julie Collins Franklin Yes
Mark Dreyfus Isaacs Yes
Justine Elliot Richmond Yes
Cassandra Fernando Holt Yes
Mike Freelander Macarthur Yes
Carina Garland Chisholm Yes
Steve Georganas Adelaide Yes
Andrew Giles Scullin Yes
Patrick Gorman Perth Yes
Luke Gosling Solomon Yes
Julian Hill Bruce Yes
Ed Husic Chifley Yes
Stephen Jones Whitlam Yes
Ged Kearney Cooper Yes
Matt Keogh Burt Yes
Peter Khalil Wills Yes
Catherine King Ballarat Yes
Madeleine King Brand Yes
Tania Lawrence Hasluck Yes
Jerome Laxale Bennelong Yes
Andrew Leigh Fenner Yes
Sam Lim Tangney Yes
Richard Marles Corio Yes
Zaneta Mascarenhas Swan Yes
Kristy McBain Eden-Monaro Yes
Emma McBride Dobell Yes
Louise Miller-Frost Boothby Yes
Brian Mitchell Lyons Yes
Rob Mitchell McEwen Yes
Daniel Mulino Fraser Yes
Shayne Neumann Blair Yes
Brendan O'Connor Gorton Yes
Clare O'Neil Hotham Yes
Alicia Payne Canberra Yes
Graham Perrett Moreton Yes
Fiona Phillips Gilmore Yes
Tanya Plibersek Sydney Yes
Sam Rae Hawke Yes
Gordon Reid Robertson Yes
Dan Repacholi Hunter Yes
Amanda Rishworth Kingston Yes
Tracey Roberts Pearce Yes
Michelle Rowland Greenway Yes
Joanne Ryan Lalor Yes
Marion Scrymgour Lingiari Yes
Bill Shorten Maribyrnong Yes
Sally Sitou Reid Yes
David Smith Bean Yes
Anne Stanley Werriwa Yes
Meryl Swanson Paterson Yes
Susan Templeman Macquarie Yes
Matt Thistlethwaite Kingsford Smith Yes
Kate Thwaites Jagajaga Yes
Maria Vamvakinou Calwell Yes
Tim Watts Gellibrand Yes
Anika Wells Lilley Yes
Josh Wilson Fremantle Yes
Tony Zappia Makin Yes
Anthony Albanese Grayndler Absent
Linda Burney Barton Absent
Pat Conroy Shortland Absent
Peta Murphy Dunkley Absent
Rebekha Sharkie Mayo Centre Alliance No
Mark Coulton Parkes Deputy Speaker No
Andrew Wilkie Clark Independent Yes
Kate Chaney Curtin Independent No
Zoe Daniel Goldstein Independent No
Helen Haines Indi Independent No
Monique Ryan Kooyong Independent No
Sophie Scamps Mackellar Independent No
Allegra Spender Wentworth Independent No
Zali Steggall Warringah Independent No
Dai Le Fowler Independent Absent
Kylea Tink North Sydney Independent Absent
Bob Katter Kennedy Katter's Australian Party No
Liberal National Party (100% turnout) 0 Yes 8 No
Angie Bell Moncrieff No
Colin Boyce Flynn No
Garth Hamilton Groom No
Henry Pike Bowman No
Phillip Thompson Herbert No
Andrew Wallace Fisher No
Andrew Willcox Dawson No
Terry Young Longman No
Liberal Party (75% turnout) 0 Yes 27 No
Bridget Archer Bass No
Russell Broadbent Monash No
Scott Buchholz Wright No
David Coleman Banks No
Peter Dutton Dickson No
Paul Fletcher Bradfield No
Ian Goodenough Moore No
Andrew Hastie Canning No
Alex Hawke Mitchell No
Julian Leeser Berowra No
Sussan Ley Farrer No
Nola Marino Forrest No
Melissa McIntosh Lindsay No
Scott Morrison Cook No
Ted O'Brien Fairfax No
Gavin Pearce Braddon No
Rowan Ramsey Grey No
Stuart Robert Fadden No
James Stevens Sturt No
Michael Sukkar Deakin No
Angus Taylor Hume No
Dan Tehan Wannon No
Ross Vasta Bonner No
Aaron Violi Casey No
Rick Wilson O'Connor No
Keith Wolahan Menzies No
Jason Wood La Trobe No
Karen Andrews McPherson Absent
Warren Entsch Leichhardt Absent
Luke Howarth Petrie Absent
Zoe McKenzie Flinders Absent
Tony Pasin Barker Absent
Melissa Price Durack Absent
Alan Tudge Aston Absent
Bert Van Manen Forde Absent
Jenny Ware Hughes Absent
National Party (85% turnout) 0 Yes 11 No
Sam Birrell Nicholls No
Pat Conaghan Cowper No
Andrew Gee Calare No
David Gillespie Lyne No
Barnaby Joyce New England No
Michelle Landry Capricornia No
David Littleproud Maranoa No
Michael McCormack Riverina No
Llew O'Brien Wide Bay No
Keith Pitt Hinkler No
Anne Webster Mallee No
Darren Chester Gippsland Absent
Kevin Hogan Page Absent
Milton Dick Oxley Speaker Absent
Totals (88% turnout) 77 Yes – 56 No