The majority voted against an amendment moved by NSW Senator Jenny McAllister (Labor), which means it failed.

Senator McAllister explained that:

This amendment relates to the Fair Work Act and Fair Work Commission consideration of what is in the best interest of employees. I went through Labor's thinking about this proposition in my speech on the second reading, and I don't intend to canvass all of those arguments again. Labor supports, in principle, the important role of collective bargaining in Australia's industrial relations system. Workers are better off as a result of collective bargaining. Labor is moving an amendment to the bill to include a provision that allows for workers to bargain for a single fund or set of funds where it is determined by the Fair Work Commission that it is in their best interests.

Amendment text

(1) Schedule 1, page 3 (before line 5), before the heading specifying Superannuation Guarantee (Administration) Act 1992, insert:

Fair Work Act 2009

1A At the end of section 187


Requirement relating to restrictions of choice of superannuation fund

(7) If the agreement includes a restriction on the choice of superannuation fund or funds available to employees, the FWC must be satisfied that the restriction is in the interests of the employees who will be covered by the agreement.

(8) For the purposes of considering whether the restriction is in the interests of the employees, the FWC must consider:

(a) the extent to which the employers who will be covered by the agreement have complied, or are likely to comply, with the requirements of the Superannuation Guarantee (Administration) Act 1992 ; and

(b) the features of the proposed default superannuation fund or funds, including matters such as insurance; and

(c) any other relevant matters.

[choice of fund]

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (89% turnout) 8 Yes 0 No
Richard Di Natale Victoria Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Jordon Steele-John WA Absent
Australian Labor Party (64% turnout) 16 Yes 0 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Tony Sheldon NSW Yes
Glenn Sterle WA Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Patrick Dodson WA Absent
Don Farrell SA Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Helen Polley Tasmania Absent
Louise Pratt WA Absent
Marielle Smith SA Absent
Anne Urquhart Tasmania Absent
Penny Wong SA Absent
Centre Alliance (50% turnout) 0 Yes 1 No
Rex Patrick SA No
Stirling Griff SA Absent
Sam McMahon NT Country Liberal Party Absent
Sue Lines WA Deputy President Yes
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (76% turnout) 0 Yes 22 No
Alex Antic SA No
Wendy Askew Tasmania No
Simon Birmingham SA No
Slade Brockman WA No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Hollie Hughes NSW No
Jane Hume Victoria No
Andrew McLachlan SA No
Jim Molan NSW No
Matt O'Sullivan WA No
James Paterson Victoria No
Marise Payne NSW No
Gerard Rennick Queensland No
Linda Reynolds WA No
Paul Scarr Queensland No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Eric Abetz Tasmania Absent
Andrew Bragg NSW Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Anne Ruston SA Absent
Zed Seselja ACT Absent
National Party (100% turnout) 0 Yes 3 No
Perin Davey NSW No
Susan McDonald Queensland No
Bridget McKenzie Victoria No
Pauline Hanson's One Nation Party (0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Scott Ryan Victoria President No
Totals (72% turnout) 26 Yes – 29 No