Summary

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

What is the main idea of the bill?

According to the bills digest:

The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.

Amendment text

(1) Page 4 (after line 16) , at the end of the Bill, add:

Schedule 2 — Superannuation contributions in National Employment Standards

Fair Work Act 2009

1 After paragraph 61(2)(h)

Insert:

(ha) superannuation contributions (Division 10A);

2 After Division 10 of Part 2-2 of Chapter 2

Insert:

Division 10A — Superannuation contributions

116A Superannuation contributions

Obligation in relation to contributions

(1) An employer must make contributions to a superannuation fund for the benefit of an employee so as to avoid liability to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the employee.

Amount of contributions

(2) The amount of the contributions relating to the employee is to be worked out:

(a) in accordance with the Superannuation Guarantee (Administration) Act 1992 ; or

(b) if a modern award or enterprise agreement applies to the employee and provides for an amount higher than the amount applicable under paragraph (a)—in accordance with the modern award or enterprise agreement (as the case requires).

Superannuation fund

*(3) The superannuation fund to which the contributions relating to the employee are made must be:

(a) if a superannuation fund is a chosen fund (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) for the employee—that superannuation fund; or

(b) if there is no chosen fund (within the meaning of that Act) for the employee and a modern award or enterprise agreement applies to the employee—the superannuation fund specified in the modern award or enterprise agreement (as the case requires); or

(c) otherwise—a superannuation fund for which the choice of fund requirements in section 32C of that Act are satisfied in relation to the contributions to the fund.

Salary sacrifice arrangements

(4) A contribution made by an employer to a superannuation fund for the benefit of an employee under a salary sacrifice arrangement (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) with the employee does not satisfy the employer’s obligation to make contributions under subsection (1).

Superannuation Guarantee (Administration) Act 1992

3 After subsection 37(1)

Insert:

(1A) Without limiting subsection (1), the Commissioner may amend an assessment if a court or tribunal has ordered the payment of superannuation contributions in relation to an employee and the order has been complied with.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (44% turnout) 4 Yes 0 No
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Rachel Siewert WA Yes
Richard Di Natale Victoria Absent
Janet Rice Victoria Absent
Jordon Steele-John WA Absent
Larissa Waters Queensland Absent
Peter Whish-Wilson Tasmania Absent
Australian Labor Party (68% turnout) 17 Yes 0 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Anthony Chisholm Queensland Yes
Don Farrell SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland Yes
Kristina Keneally NSW Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Tony Sheldon NSW Yes
Marielle Smith SA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Carol Brown Tasmania Absent
Kim Carr Victoria Absent
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Alex Gallacher SA Absent
Kimberley Kitching Victoria Absent
Glenn Sterle WA Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance No
Rex Patrick SA Centre Alliance No
Sam McMahon NT Country Liberal Party Absent
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent Absent
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (50% turnout) 0 Yes 1 No
James McGrath Queensland No
Matthew Canavan Queensland Absent
Liberal Party (69% turnout) 0 Yes 20 No
Alex Antic SA No
Simon Birmingham SA No
Slade Brockman WA No
Michaelia Cash WA No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Hollie Hughes NSW No
Jane Hume Victoria No
Jim Molan NSW No
Matt O'Sullivan WA No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Dean Smith WA No
Amanda Stoker Queensland No
Eric Abetz Tasmania Absent
Wendy Askew Tasmania Absent
Andrew Bragg NSW Absent
Mathias Cormann WA Absent
Sarah Henderson Victoria Absent
Andrew McLachlan SA Absent
Gerard Rennick Queensland Absent
Zed Seselja ACT Absent
David Van Victoria Absent
National Party (67% turnout) 0 Yes 2 No
Perin Davey NSW No
Bridget McKenzie Victoria No
Susan McDonald Queensland Absent
Pauline Hanson's One Nation Party (0.0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Scott Ryan Victoria President No
Totals (63% turnout) 22 Yes – 26 No