Summary

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The majority voted against amendments introduced by South Australian Senator Anne Ruston (Liberal), which means they failed.

Senator Ruston explained that:

... the coalition's amendments provide that, if a family that is intending to take paid parental leave does not wish to take the superannuation payment in the way that has been prescribed by the government in this bill, instead they could have two additional choices in terms of how they might benefit from the legislation that is currently before us today. The first choice would be to allow them to take an extra two weeks of government funded paid parental leave, so, instead of 26 weeks, it would be 28 weeks once the scheme is at maturity. Alternatively, they could take the superannuation as a one-off lump sum payment.

Amendment text

(1) Schedule 1, item 4, page 3 (before line 27), before the definition of base contribution, insert:

additional leave election means an election made under subsection 115AB(3).

(2) Schedule 1, item 4, page 4 (after line 15), after the definition of nominal interest rate amount, insert:

one-off payment election means an election made under subsection 115AB(4).

(3) Schedule 1, item 4, page 4 (after line 30), after the definition of SG charge percentage, insert:

superannuation election means an election made under subsection 115AB(2).

(4) Schedule 1, item 5, page 6 (before line 1), before Chapter 3A, insert:

Chapter 3AA—Paid Parental Leave additional entitlements

Part 1—Elections in relation to entitlements

Division 1—Guide to this Part

A person is eligible for additional entitlements for an income year if the Secretary pays one or more PPL funding amounts or instalments for the person during the income year.

A person can elect to benefit from the PPL superannuation contribution under Chapter 3A, additional parental leave pay under Part 2 of this Chapter or a one-off payment under Part 3 of this Chapter.

Division 2—Elections in relation to entitlements

115AA Persons who may make elections

(1) A person may make an election under section 115AB for an income year if either or both of the following apply:

(a) a PPL funding amount relating to the person is paid under section 75 in the income year by the Secretary to an employer of the person;

(b) an instalment is both:

(i) payable to the person under section 63; and

(ii) paid under section 84 in the income year by the Secretary to the person.

(2) For the purposes of paragraph (1)(a), disregard any amount of a PPL funding amount that is a debt due to the Commonwealth under subsection 168(2).

115AB Elections under this section

(1) A person who may make an election under this section for an income year:

(a) may make an election under subsection (2), (3) or (4) for the income year; and

(b) must not make more than one election under this section for the income year.

(2) The person may elect for Chapter 3A (Paid Parental Leave Superannuation Contributions) to apply to the person for the income year. Such an election is a superannuation election.

(3) The person may elect for Part 2 of this Chapter (additional parental leave pay) to apply to the person for the income year. Such an election is an additional leave election.

(4) The person may elect for Part 3 of this Chapter (one-off payment) to apply to the person for the income year. Such an election is a one-off payment election.

(5) If the person does not make an election for an income year by the time specified in the PPL rules, the person is taken to have made a superannuation election for the income year.

115AC Requirements for making elections

(1) The PPL rules must prescribe requirements relating to the making of an election under section 115AB.

(2) Without limiting subsection (1), the PPL rules must prescribe requirements in relation to the following:

(a) who the election must be given to;

(b) what form the election must be made in;

(c) what information must be included in, or with, the election;

(d) when the election must be made by.

(3) Without limiting subsection (1), the PPL rules may make provision for and in relation to any other matter relating to the making of elections under section 115AB.

Part 2—Additional parental leave pay

Division 1—Guide to this Part

115AD Guide to this Part

A person who makes an additional leave election for an income year is entitled to additional parental leave pay for the income year. The PPL rules must set out the amount of the payment and other requirements relating to the payment.

Division 2—Additional parental leave pay

115AE Persons to whom this Part applies

This Part applies in relation to a person for an income year if the person has made an additional leave election for the income year.

115AF Additional parental leave pay

(1) The person is to be paid an amount of parental leave pay for the income year in addition to any amount of parental leave pay that is payable to the person for the income year under another provision of this Act.

(2) The amount of additional parental leave pay payable to the person under subsection (1) is to be worked out in accordance with the PPL rules.

(3) The PPL rules must make provision for and in relation to the following matters:

(a) how the payment is to be made to the person;

(b) when the payment is to be made to the person;

(d) the review of a decision relating to the payment;

(e) matters relating to reporting and record-keeping.

(4) The PPL rules may make provision for and in relation to any other matter relating to the payment.

(5) This section has effect despite any other provision of this Act.

Part 3—One-off payment

Division 1—Guide to this Part

115AG Guide to this Part

A person who makes a one-off payment election for an income year is entitled to be paid an amount for the income year. The PPL rules must set out the amount of the payment and other requirements relating to the payment.

Division 2—One-off payment

115AH Persons to whom this Part applies

This Part applies to a person for an income year if the person has made a one-off payment election for the income year.

115AJ One-off payment

(1) The person is to be paid an amount for the income year.

(2) The amount payable to the person under subsection (1) is to be worked out in accordance with the PPL rules.

(3) The PPL rules must make provision for and in relation to the following matters:

(a) how the payment is to be made to the person;

(b) when the payment is to be made to the person;

(d) the review of a decision relating to the payment;

(e) matters relating to reporting and record-keeping.

(4) The PPL rules may make provision for and in relation to any other matter relating to the payment.

(5) This section has effect despite any other provision of this Act.

(5) Schedule 1, item 5, page 6 (before line 19), before section 115B, insert:

115BA Persons to whom this Chapter applies

This Chapter applies to a person for an income year if the person has made a superannuation election for the income year (see section 115AB).

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
Sarah Hanson-Young SA No
Steph Hodgins-May Victoria No
Nick McKim Tasmania No
Barbara Pocock SA No
David Shoebridge NSW No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Jordon Steele-John WA Absent
Australian Labor Party (72% turnout) 0 Yes 18 No
Tim Ayres NSW No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Lisa Darmanin 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
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Catryna Bilyk Tasmania Absent
Carol Brown Tasmania Absent
Fatima Payman WA Absent
Helen Polley Tasmania Absent
Glenn Sterle WA Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Yes
David Pocock ACT Independent No
Lidia Thorpe Victoria Independent No
David Van Victoria Independent No
Jacqui Lambie Network (100% turnout) 0 Yes 2 No
Jacqui Lambie Tasmania No
Tammy Tyrrell Tasmania No
Liberal National Party (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (87% turnout) 20 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Andrew Bragg NSW Yes
Slade Brockman WA 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
Simon Birmingham SA Absent
David Fawcett SA Absent
James Paterson Victoria Absent
National Party (25% turnout) 1 Yes 0 No
Perin Davey NSW Yes
Ross Cadell NSW Absent
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Yes
Totals (78% turnout) 25 Yes – 34 No