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senate vote 2020-06-18#7
Edited by
mackay staff
on
2020-07-24 11:19:29
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Title
Description
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_e40a8500-7e7d-4369-b894-4f4fb6ebef82%22;rec=0) moved by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means it failed.
- Senator McAllister [explained that](https://www.openaustralia.org.au/senate/?id=2020-06-18.30.2):
- > *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*
- >>
- >> *Add:*
- >>
- >> *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]*- > *[choice of fund]*
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senate vote 2020-06-18#7
Edited by
mackay staff
on
2020-07-24 11:14:18
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Title
Bills — Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019; in Committee- Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 - in Committee - Choice of fund
Description
<p class="speaker">Jenny McAllister</p><p>I move:</p><p class="italic">(1) Schedule 1, page 3 (before line 5) , before the heading specifying Superannuation Guarantee (Administration) Act 1992, insert:</p>- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_e40a8500-7e7d-4369-b894-4f4fb6ebef82%22;rec=0) moved by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means it failed.
- ### 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*
- >>
- >> *Add:*
- >>
- >> *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]*
<p class="italic"> <i>Fair Work Act 2009 </i></p><p class="italic">1A At the end of section 187</p><p class="italic">Add:</p><p class="italic"> <i>Requirement relating to restrictions of choice of superannuation fund</i></p><p class="italic">(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.</p><p class="italic">(8) For the purposes of considering whether the restriction is in the interests of the employees, the FWC must consider:</p><p class="italic">(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</p><p class="italic">(b) the features of the proposed default superannuation fund or funds, including matters such as insurance; and</p><p class="italic">(c) any other relevant matters.</p><p>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.</p> <p class="speaker">Larissa Waters</p><p>Temporary Chair, I draw your attention to the state of the House.</p> <p class="speaker">Jess Walsh</p><p>I advise you, Senator Waters, that we do have quorum. There are 19 people in the chamber.</p> <p class="speaker">Jane Hume</p><p>The government will be opposing Labor's amendment. We should be clear what this amendment is really about. It is, in fact, denying the premise of the bill, which is all about choice. It's really about providing assistance to individual funds, which are—let's face it—multibillion dollar companies. We don't feel that they need to be propped up or shielded from competition by removing an employee's right to choose their fund.</p> <p class="speaker">Sue Lines</p><p>The question is that opposition amendment (1) on sheet 8871 revised 2, moved by Senator McAllister, be agreed to.</p>
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