The majority voted against a request for an amendment introduced by South Australian Senator Rex Patrick (Independent), which means it failed.

What does the amendment do?

Senator Patrick explained that:

For the benefit of the chamber, what this amendment seeks to do is to deal with a discriminatory aspect of the bill as it currently stands in conjunction with the rules. The JobMaker scheme will permit a payment of $200 for new employees that are within the age bracket 16 to 29, scaling down to $100 per week for employees that are in the age bracket of 30 to 35.

Last week at the committee that was examining this bill, I tabled some Seek advertisements. Those advertisements were for jobs, and those advertisements had the words in them, 'In order to apply for this job you must be eligible for JobMaker.' In effect, what that was saying was if you are 36 or 37 or 38 or anywhere above 35 you need not apply for this job. That is discriminatory. We have a lot of mature workers in our community who add value and who are also struggling to get jobs as a result of what's happened with COVID-19. This bill offers no help to employers to employ them, so, by its very nature, it operates as an incentive to exclude them, to discriminate against them.

Amendment request text

That the House of Representatives be requested to make the following amendment:

(1) Schedule 1, page 3 (after line 24), after item 3, insert:

3A After section 7


7A Requirements for rules that provide for jobmaker hiring credit scheme

(1) This section applies if rules are made for the purpose of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.

(2) The rules must not:

(a) include eligibility requirements that place an upper age limit on individuals to receive the jobmaker hiring credit; or

(b) have the effect of excluding individuals aged 35 years or over from the jobmaker hiring credit scheme; or

(c) provide for a jobmaker hiring credit payment of less than $100 for individuals aged 35 years or over.


Statement pursuant to the order of the Senate of 26 June 2000

Amendment (1)

Amendment (1) is framed as a request because it amends the bill in a way that is intended to direct funding under the jobmaker hiring credit scheme to additional individuals.

The amendment would restrict the Treasurer’s ability to make rules to exclude individuals over a certain age from the jobmaker hiring credit scheme. Specifically, the effect of the amendment would be to include individuals aged 35 years or over as eligible additional employees when assessing an entity’s eligibility for payments from the Commonwealth under the rules.

As this would increase the number of employees for whom employers would be eligible to receive payments, the amendment will increase the amount of expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

If the effect of the amendment is to increase expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (89% turnout) 8 Yes 0 No
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Jordon Steele-John WA Absent
Australian Labor Party (16% turnout) 0 Yes 4 No
Kim Carr Victoria No
Raff Ciccone Victoria No
Deborah O'Neill NSW No
Louise Pratt WA No
Tim Ayres NSW Absent
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Anthony Chisholm Queensland Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Alex Gallacher SA Absent
Katy Gallagher ACT Absent
Nita Green Queensland Absent
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Anne Urquhart Tasmania Absent
Jess Walsh Victoria Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance Absent
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent Yes
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (71% turnout) 0 Yes 20 No
Eric Abetz Tasmania No
Alex Antic SA No
Wendy Askew Tasmania No
Simon Birmingham SA No
Andrew Bragg NSW No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
David Fawcett SA 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
Gerard Rennick Queensland No
Linda Reynolds WA No
Dean Smith WA No
Amanda Stoker Queensland No
Slade Brockman WA Absent
Michaelia Cash WA Absent
Jonathon Duniam Tasmania Absent
Marise Payne NSW Absent
Anne Ruston SA Absent
Paul Scarr Queensland Absent
Zed Seselja ACT Absent
David Van Victoria 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 (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Scott Ryan Victoria President No
Totals (57% turnout) 11 Yes – 32 No