edited
3rd Sep 2021
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Positive duty amendment
Not passed
No rebellions 32% attendance
1st Sep 2021, 6:05 PM – Senate Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Unions, complaints mechanism and sex-based harassment
Summary
EditThe majority voted against amendments introduced by NSW Senator Jenny McAllister (Labor), which means they failed.
What do the amendments do?
There were three separate sheets of amendments.
Senator McAllister explained that sheet 1385 was introduced to implement recommendation 23 of the Respect@Work report, which is:
Amend the Australian Human Rights Commission Act to allow unions and other representative groups to bring representative claims to court, consistent with the existing provisions in the Australian Human Rights Commission Act that allow unions and other representative groups to bring a representative complaint to the Commission.
In respect to sheet 1381, she said that:
These amendments perform a very important role in the way that workplace sexual harassment and sex based harassment are dealt with under the Fair Work Act. Workers who are sexually harassed do need access to a fair, effective and efficient complaints mechanism, and this set of amendments would establish this.
And in respect to sheet 1399, she said that:
These amendments are quite straightforward. They pick up two recommendations made by the Australian Human Rights Commission in their submission to the Senate inquiry on this bill. In their submission, the commission note that the bill explicitly provides that not only sexual harassment but also other sex based harassment is prohibited. This reflects the experience of many people who experience harassment at work that is on the basis of their sex but is not sexual in nature. The Human Rights Commission said this:
The important changes in the Bill to the Fair Work Act (and regulations) in relation to sexual harassment should also encompass the new legislative concept of sex-based harassment. That is, the Fair Work Commission should be able to issue a 'stop sex-based harassment order' and employers should be given the confidence that if an employee engages in sex-based harassment this will be a valid reason for the termination of their employment.
Amendment text
The amendment text is available on sheets 1381, 1385 and 1399.
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (22% turnout) | 2 Yes – 0 No | |
| Sarah Hanson-Young SA | Yes | |
| Rachel Siewert WA | Yes | |
| Mehreen Faruqi NSW | Absent | |
| Nick McKim Tasmania | Absent | |
| Janet Rice Victoria | Absent | |
| Jordon Steele-John WA | Absent | |
| Lidia Thorpe Victoria | Absent | |
| Larissa Waters Queensland | Absent | |
| Peter Whish-Wilson Tasmania | Absent | |
| Australian Labor Party (38% turnout) | 9 Yes – 0 No | |
| Carol Brown Tasmania | Yes | |
| Kim Carr Victoria | Yes | |
| Kristina Keneally NSW | Yes | |
| Jenny McAllister NSW | Yes | |
| Deborah O'Neill NSW | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Tim Ayres NSW | Absent | |
| Catryna Bilyk Tasmania | Absent | |
| Anthony Chisholm Queensland | Absent | |
| Raff Ciccone Victoria | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Nita Green Queensland | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Tony Sheldon NSW | Absent | |
| Marielle Smith SA | Absent | |
| Glenn Sterle WA | Absent | |
| Jess Walsh Victoria | Absent | |
| Penny Wong SA | Absent | |
| Stirling Griff SA Centre Alliance | Absent | |
| Sam McMahon NT Country Liberal Party | Absent | |
| Sue Lines WA Deputy President | Yes | |
| Rex Patrick SA Independent | Absent | |
| Jacqui Lambie Tasmania Jacqui Lambie Network | Absent | |
| Liberal National Party (50% turnout) | 0 Yes – 1 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | Absent | |
| Liberal Party (34% turnout) | 0 Yes – 10 No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Jane Hume Victoria | No | |
| Matt O'Sullivan WA | No | |
| Linda Reynolds WA | No | |
| Anne Ruston SA | No | |
| Zed Seselja ACT | No | |
| Ben Small WA | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| Eric Abetz Tasmania | Absent | |
| Alex Antic SA | Absent | |
| Wendy Askew Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Andrew Bragg NSW | Absent | |
| Slade Brockman WA | Absent | |
| Claire Chandler Tasmania | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| David Fawcett SA | Absent | |
| Concetta Fierravanti-Wells NSW | Absent | |
| Sarah Henderson Victoria | Absent | |
| Hollie Hughes NSW | Absent | |
| Andrew McLachlan SA | Absent | |
| Jim Molan NSW | Absent | |
| James Paterson Victoria | Absent | |
| Marise Payne NSW | Absent | |
| Gerard Rennick Queensland | Absent | |
| Paul Scarr Queensland | 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% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Scott Ryan Victoria President | Absent | |
| Totals (33% turnout) | 12 Yes – 13 No |
Turnout is the percentage of members eligible to vote that did vote.