Summary

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The majority voted in favour of a motion "that the remaining stages of the bill be agreed to and the bill be now passed with an amendment to the title." In other words, they voted to give it a third reading and so pass the bill in the Senate.

The bill will now be sent back to the House of Representatives. If our MPs agree with the Senate amendments, then the bill will become law.

What does this bill do?

According to the bills digest:

The Bill’s proposed reforms primarily relate to casual employment, flexibility under modern awards for industries impacted by COVID-19, the making and approval of enterprise bargaining agreements, greenfield agreements for major projects and compliance and enforcement (including responding to wage theft). The Bill’s amendments can be grouped as follows:

  • Schedule 1 makes amendments to insert a definition of casual employment, provide for a casual conversion process and to address issues around ‘double dipping’ with respect to casual loading
  • Schedule 2 makes amendments providing that employers covered by identified modern awards can offer additional hours to part-time employees and issue flexible work directions to employees
  • Schedule 3 makes amendments to the current requirements around enterprise agreements including in relation to the operation of the Better Off Overall Test (BOOT) and agreement approval processes
  • Schedule 4 make amendments to allow eight year greenfields agreement for major projects
  • Schedule 5 makes amendments in relation to compliance and enforcement including by introducing new penalties and criminalising certain forms of wage theft
  • Schedule 6 makes amendments in relation to when the FWC [Fair Work Commission] can dismiss applications and vary or revoke its own decisions.
  • Schedule 7 provides for relevant application, saving and transitional provisions with respect to other parts of the Bill.

Votes Passed by a small 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 (84% turnout) 0 Yes 21 No
Tim Ayres NSW No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Patrick Dodson WA No
Don Farrell SA No
Alex Gallacher SA No
Katy Gallagher ACT No
Nita Green Queensland No
Kristina Keneally NSW No
Kimberley Kitching Victoria No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Louise Pratt WA No
Tony Sheldon NSW No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Penny Wong SA No
Catryna Bilyk Tasmania Absent
Kim Carr Victoria Absent
Helen Polley Tasmania Absent
Marielle Smith SA Absent
Stirling Griff SA Centre Alliance Yes
Sam McMahon NT Country Liberal Party Yes
Sue Lines WA Deputy President No
Rex Patrick SA Independent No
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (86% turnout) 25 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Simon Birmingham SA Yes
Andrew Bragg NSW Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Concetta Fierravanti-Wells NSW Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Andrew McLachlan SA Yes
Jim Molan NSW Yes
James Paterson Victoria Yes
Marise Payne NSW Yes
Gerard Rennick Queensland Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Zed Seselja ACT Yes
Ben Small WA Yes
Dean Smith WA Yes
Amanda Stoker Queensland Yes
David Van Victoria Yes
Eric Abetz Tasmania Absent
Slade Brockman WA Absent
Matt O'Sullivan WA Absent
Linda Reynolds WA Absent
National Party (100% turnout) 3 Yes 0 No
Perin Davey NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Yes
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Scott Ryan Victoria President Yes
Totals (89% turnout) 35 Yes – 33 No