The majority voted against Australian Greens amendment (4), which amended government amendment (6).

Greens Senator Sarah Hanson-Young explained that:

This amendment relates to how the current bill only mandates that same-sex couples are given the same entitlements in public Commonwealth superannuation funds. This is something that has been raised numerous times throughout the committee process. The Greens have been quite upfront about our concern that, despite the fact that almost 90 per cent of Australians have their superannuation tied up in private or commercial superannuation funds, this bill does not mandate that those funds adopt the new definition of a de facto relationship and thereby recognise the rights and entitlements of same-sex couples as equal to those of opposite-sex couples. Amendment (4) asks the private sector funds to, within 60 days of the commencement of schedule 4, provide a report as to whether they will adopt the new definition of de facto relationship, which would involve giving the same entitlements to same-sex couples as to opposite-sex couples.

Motion text

(4) After proposed item 13, insert:

13A At the end of Part 4


36A Information on discrimination (private superannuation funds)*

(1) A private sector fund must, within 60 days of the commencement of Schedule 4 of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008, provide to APRA a report containing the following information:

(a) whether the trust deed by which the entity is constituted recognises members of the opposite sex as a couple (however defined); and

(b) whether the trust deed by which the entity is constituted recognises members of the same sex as a couple (however defined); and

(c) any differences in the way the trust deed recognises as a couple (however defined) members of the opposite sex, as compared with members of the same sex.

(2) APRA must place a copy of any report made under this section on the Internet with public access through APRA’s home page.

(3) If there is any material change to the information published by an entity under this Division, the entity must provide an up-to-date report within 7 days.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 5 Yes 0 No
Bob Brown Tasmania Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Christine Milne Tasmania Yes
Rachel Siewert WA Yes
Australian Labor Party (55% turnout) 0 Yes 17 No
Mark Arbib NSW No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Doug Cameron NSW No
Jacinta Collins Victoria No
Trish Crossin NT No
Don Farrell SA No
David Feeney Victoria No
Mark Furner Queensland No
Gavin Marshall Victoria No
Anne McEwen SA No
Claire Moore Queensland No
Helen Polley Tasmania No
Louise Pratt WA No
Ursula Stephens NSW No
Penny Wong SA No
Dana Wortley SA No
Mark Bishop WA Absent
Kim Carr Victoria Absent
Stephen Conroy Victoria Absent
Chris Evans WA Absent
John Faulkner NSW Absent
Michael Forshaw NSW Absent
Annette Hurley SA Absent
Steve Hutchins NSW Absent
Joe Ludwig Queensland Absent
Kate Lundy ACT Absent
Jan McLucas Queensland Absent
Kerry O'Brien Tasmania Absent
Nick Sherry Tasmania Absent
Glenn Sterle WA Absent
Nigel Scullion NT Country Liberal Party No
Alan Ferguson SA Deputy President No
Steve Fielding Victoria Family First Party No
Nick Xenophon SA Independent Absent
Liberal Party (43% turnout) 0 Yes 13 No
Judith Adams WA No
Sue Boyce Queensland No
George Brandis Queensland No
Richard Colbeck Tasmania No
Mitch Fifield Victoria No
David Johnston WA No
Brett Mason Queensland No
Stephen Parry Tasmania No
Marise Payne NSW No
Michael Ronaldson Victoria No
Scott Ryan Victoria No
Judith Troeth Victoria No
Russell Trood Queensland No
Eric Abetz Tasmania Absent
Guy Barnett Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
David Bushby Tasmania Absent
Michaelia Cash WA Absent
Helen Coonan NSW Absent
Mathias Cormann WA Absent
Alan Eggleston WA Absent
Chris Ellison WA Absent
Concetta Fierravanti-Wells NSW Absent
Mary Fisher SA Absent
Bill Heffernan NSW Absent
Gary Humphries ACT Absent
Helen Kroger Victoria Absent
Ian Macdonald Queensland Absent
Nick Minchin SA Absent
National Party (20% turnout) 0 Yes 1 No
Barnaby Joyce Queensland No
Ron Boswell Queensland Absent
Julian McGauran Victoria Absent
Fiona Nash NSW Absent
John Williams NSW Absent
John Hogg Queensland President Absent
Totals (51% turnout) 5 Yes – 34 No