The majority voted against an amendment introduced by Queensland Senator Malcolm Roberts (One Nation), which means it failed.

Victorian Senator Jane Hume (Liberal) explained why the Government would not be supporting the amendment:

Employers and employees are free to make enterprise agreements which include terms that pertain to the employment relationship. The proposed amendment seeks to constrain university employers' and employees' ability to freely agree to the terms and conditions of employment in their enterprise agreement. It also seeks to constrain the standards and policies that universities may set in relation to freedom of speech and academic freedom. Item (b) of the proposed amendment is also unnecessary, as in practice it simply reflects the operation provisions in Mr French's proposed model code on freedom of speech and academic freedom. Effectively, the amendment proposes that other institutional policies should reflect and be consistent with the institution's policies on freedom of speech and academic freedom, which the government expects will be consistent with the model code.

Amendment text

(1) Schedule 1, page 3 (after line 12), after item 3, insert:

3A At the end of Subdivision 19-G


19-120 Provider's enterprise agreement to uphold freedom of speech and academic freedom

A higher education provider that is a *Table A provider or a *Table B provider must take reasonable steps to ensure that:

(a) any enterprise agreement under which academic staff of the higher education provider are employed includes provisions to uphold the freedom of speech and academic freedom of the provider's academic staff, consistent with the provider's policy under section 19-115; and

(b) no other provisions of such an enterprise agreement, or other policies or codes of conduct of the higher education provider, restrict or burden those freedoms of the provider's academic staff otherwise than in accordance with the provider's policy under section 19-115.

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 9 No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Janet Rice Victoria No
Rachel Siewert WA No
Jordon Steele-John WA No
Lidia Thorpe Victoria No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Australian Labor Party (28% turnout) 0 Yes 7 No
Kim Carr Victoria No
Raff Ciccone Victoria No
Patrick Dodson WA No
Alex Gallacher SA No
Kristina Keneally NSW No
Louise Pratt WA No
Jess Walsh Victoria No
Tim Ayres NSW Absent
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Anthony Chisholm Queensland Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Nita Green Queensland Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Tony Sheldon NSW Absent
Marielle Smith SA Absent
Glenn Sterle WA Absent
Anne Urquhart Tasmania Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Stirling Griff SA Centre Alliance No
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Absent
Rex Patrick SA Independent No
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (50% turnout) 0 Yes 1 No
Matthew Canavan Queensland No
James McGrath Queensland Absent
Liberal Party (76% turnout) 0 Yes 22 No
Eric Abetz Tasmania No
Wendy Askew Tasmania No
Andrew Bragg NSW No
Slade Brockman WA No
Michaelia Cash 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
Gerard Rennick Queensland No
Paul Scarr Queensland No
Ben Small WA No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Alex Antic SA Absent
Simon Birmingham SA Absent
David Fawcett SA Absent
Marise Payne NSW Absent
Linda Reynolds WA 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 (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Scott Ryan Victoria President Absent
Totals (63% turnout) 3 Yes – 45 No