The majority voted against a motion to keep unchanged division 4 in item 238, divisions 4 and 5 in item 249 and items 303 to 305 of schedule 1. In parliamentary jargon, they voted against a motion that they "stand as printed".

What do these amendments do?

These amendments were part of a wider set of amendments. Together, according to the relevant explanatory memorandum:

These amendments to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Bill) would:

  • Insert a further note to new subsection 66AAC(4), to direct readers to relevant provisions in the Public Service Act 1999 and highlight the interaction between the two pieces of legislation.

  • Change commencement of Division 2 of Part 7 (workplace delegates rights for regulated workers), Part 15 (definition of employment) and Part 16 (regulated workers) to 6 months after Royal Assent or earlier by proclamation instead of 1 July 2024.

  • Narrow the scope of the proposed competition authorisation in the new collective agreement framework, so that conduct done in accordance with terms in a collective agreement that are of no effect, would not be exempt from Part IV of the Competition and Consumer Act 2010 (Cth) and the Competition Code.

  • Provide that if negotiating entities for a proposed collective agreement are unable to resolve a dispute about the making of the agreement, either negotiating entity may apply to the FWC for the Commission to deal with the dispute.

  • Insert a new public interest test as a prerequisite for the FWC’s registration of a proposed collective agreement or variation of a collective agreement.

  • Remove the contractual chain regulation-making power in the Bill and insert a comprehensive framework that would empower the FWC to make contractual chain orders and guidelines in relation to contractual chains in the road transport industry.

  • Amend the road transport objective to provide that in performing a function or exercising a power, the Expert Panel for the road transport industry would be required to:

  • consider the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry; and

  • have regard to the need for minimum standards in road transport contractual chains.

  • Enable the Minister to make a declaration deferring or suspending all or part of a minimum standards order (MSO) or road transport contractual chain order (RTCCO) and enable the FWC to make a determination deferring or suspending all or part of a road transport minimum standards order (RTMSO) or RTCCO, while the FWC considers whether to vary/revoke all or part of the order.

  • Expand the scope of the definition of ‘digital labour platform’ to also apply where parties other than the platform operator process relevant payments.

  • Provide that employee-like workers and digital labour platform operators cannot be covered by both federal and state systems once an employee-like minimum standards order (ELMSO) covers them.

  • Remove provisions which would have permitted variations of such RTMSOs and ELMSOs to operate retrospectively in limited circumstances.

  • Prevent people from pursuing multiple unfair deactivation or unfair termination remedies under different laws.

  • Make minor and technical changes to Parts 16 and 18.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (91% turnout) 0 Yes 10 No
Penny Allman-Payne Queensland No
Dorinda Cox WA No
Mehreen Faruqi NSW No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Jordon Steele-John WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Sarah Hanson-Young SA Absent
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
Don Farrell SA No
Katy Gallagher ACT No
Varun Ghosh WA No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Murray Watt Queensland No
Catryna Bilyk Tasmania Absent
Jess Walsh Victoria Absent
Linda White Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Yes
David Van Victoria Independent Yes
David Pocock ACT Independent No
Lidia Thorpe Victoria Independent No
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (83% turnout) 19 Yes 0 No
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
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Maria Kovacic NSW Yes
Kerrynne Liddle SA Yes
Matt O'Sullivan WA Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Paul Scarr Queensland Yes
Dave Sharma NSW Yes
Dean Smith WA Yes
Wendy Askew Tasmania Absent
Slade Brockman WA Absent
David Fawcett SA Absent
James Paterson Victoria Absent
National Party (75% turnout) 3 Yes 0 No
Ross Cadell NSW Yes
Perin Davey NSW Yes
Bridget McKenzie Victoria Yes
Susan McDonald Queensland Absent
Pauline Hanson's One Nation Party (50% turnout) 1 Yes 0 No
Malcolm Roberts Queensland Yes
Pauline Hanson Queensland Absent
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Yes
Totals (86% turnout) 31 Yes – 34 No