The majority voted in favour of a motion that:

division 2 in item 1 of schedule 7 stand as printed.

In other words, they voted to keep that division unchanged.

What does Division 2 do?

Division 2 includes proposed clauses 45 to 48. According to the bills digest:

Proposed clause 45 of Schedule 1 to the Act, at item 1 of Schedule 7 to the Bill provides that employers, employees or employee organisations can apply for the FWC to make a determination to vary an enterprise agreement made before commencement of the reforms to resolve any uncertainty regarding the interaction of the agreement with the proposed definition of casual employee and proposed casual conversion process

*Proposed clause 46 of Schedule 1 to the Act, at item 1 of Schedule 7 provides:

  • existing employees that would have met the proposed statutory definition of casual employment when engaged (or when given an offer of employment) will be considered casual employees both at the commencement of the Bill and retrospectively (this does not apply to employees who were the subject of a binding court decision or converted their status prior to commencement)

  • employees that are retrospectively deemed casual employees, who could have otherwise made a claim for accrued entitlements, will not be able to do so

Proposed clause 47 of Schedule 1 to the Act, at item 1 of Schedule 7 provides a six month transitional period where employers musts assess existing casual employees against conversion eligibility criteria (this includes employees designated as ‘casual’ but who may not meet the proposed statutory definition) and offer conversion, unless reasonable not to do so

Proposed clause 48 of Schedule 1 to the Act, at item 1 of Schedule 7 requires the FWC, within a six month period after commencement, to review modern awards in force at commencement that make provision for casual employment, and vary their terms which are inconsistent with the proposed amendments.

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 (76% turnout) 0 Yes 19 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
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
Kristina Keneally NSW Absent
Kimberley Kitching 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 (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (83% turnout) 24 Yes 0 No
Eric Abetz Tasmania Yes
Alex Antic SA 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
Matt O'Sullivan WA 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
Wendy Askew Tasmania Absent
Slade Brockman WA Absent
Andrew McLachlan SA Absent
Jim Molan NSW 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 (84% turnout) 33 Yes – 31 No