Summary

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The 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 (36% 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
Alex Gallacher 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 (0.0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Scott Ryan Victoria President Absent
Totals (33% turnout) 12 Yes – 13 No