Bill
Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019
passed, as at 2020-09-03. Treasury portfolio.
- Sponsor
- Not recorded
- Portfolio
- Treasury
Recorded stages
- introduced — 2019-11-27
- second reading — 2019-11-27
- second reading — 2020-02-11
- second reading — 2020-02-12
- second reading — 2020-02-12
- third reading — 2020-02-12
- introduced — 2020-02-12
- second reading — 2020-02-12
- second reading — 2020-06-16
- second reading — 2020-06-17
- second reading — 2020-06-17
- committee — 2020-06-17
- committee — 2020-06-18
- committee — 2020-08-25
- third reading — 2020-08-25
- other — 2020-08-25
- passed — 2020-08-25
- royal assent — 2020-09-03
Divisions
- The majority voted against an amendment to the usual second reading motion, which was introduced by Whitlam MP [Stephen Jones](https://theyvoteforyou.org.au/people/representatives/whitlam/stephen_jones) (Labor). The second reading motion is whether to read the bill for a [second time](https://www.peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), which is parliamentary jargon for agreeing with the main idea of the bill. ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House:* > > *(1) notes that too many Australians retire without adequate retirement savings; and* > > *(2) reaffirms its commitment to the legislated superannuation guarantee rise to 12 per cent by 2025"* — 2020-02-12, House of Representatives: negative, ayes 67, noes 77
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2020-06-17.41.9) to agree with the bill's main idea. In parliamentary jargon, they voted to read the bill for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), which means that they will now discuss it in more detail. ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* — 2020-06-17, Senate: affirmative, ayes 31, noes 25
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?id=2020-06-17.43.1) introduced by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister), which means they failed. ### What was the purpose of the amendments? Senator McAllister [explained that](https://www.openaustralia.org.au/senate/?id=2020-06-17.43.1): > *As we've made clear in this debate, Labor supports choice in superannuation, but we are committed to making sure that every worker is in a high-performing fund and that adequate information is available to empower consumers with the information they need to make choices that are in their best interests. We are concerned that there is a significant risk that this bill poses to defined benefit offerings, and we're concerned that the effect of this risk will be to lessen choice and to achieve the opposite of what this bill purports to achieve. These amendments specifically address the issues raised by UniSuper when they appeared before the Senate Economics Legislation Committee in its inquiry into the bill. They address issues relating to defined benefit schemes in order to ensure that the bill does not inadvertently threaten the viability of those schemes.* ### Amendment texts > *(2) Schedule 1, item 6, page 4 (lines 3 and 4), omit the item, substitute:* > >> *6 Paragraph 32C(6) (h)* >> >> *Repeal the paragraph, substitute:* >> >> *(h) an enterprise agreement:* >> >>> *(i) made before 1 July 2020; or* >>> >>> *(ii) if the agreement includes a restriction on the choice of superannuation funds—made on or after 1 July 2020; or* >>> >>> *(iii) to which subsection (6AAA) applies; or* >> >> *[choice of fund]* > > *(3) Schedule 1, item 7, page 4 (before line 7), before subsection 32C(6AA), insert:* > >> *(6AAA) For the purposes of subparagraph (6) (h) (iii), this subsection applies to an enterprise agreement that provides for an employee to join a fund in relation to which:* >> >> *(a) the employee — 2020-06-17, Senate: negative, ayes 25, noes 31
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_e40a8500-7e7d-4369-b894-4f4fb6ebef82%22;rec=0) moved by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means it failed. Senator McAllister [explained that](https://www.openaustralia.org.au/senate/?id=2020-06-18.30.2): > *This amendment relates to the Fair Work Act and Fair Work Commission consideration of what is in the best interest of employees. I went through Labor's thinking about this proposition in my speech on the second reading, and I don't intend to canvass all of those arguments again. Labor supports, in principle, the important role of collective bargaining in Australia's industrial relations system. Workers are better off as a result of collective bargaining. Labor is moving an amendment to the bill to include a provision that allows for workers to bargain for a single fund or set of funds where it is determined by the Fair Work Commission that it is in their best interests.* ### Amendment text > *(1) Schedule 1, page 3 (before line 5), before the heading specifying Superannuation Guarantee (Administration) Act 1992, insert:* > >> *Fair Work Act 2009* >> >> *1A At the end of section 187* >> >> *Add:* >> >> *Requirement relating to restrictions of choice of superannuation fund* >> >> *(7) If the agreement includes a restriction on the choice of superannuation fund or funds available to employees, the FWC must be satisfied that the restriction is in the interests of the employees who will be covered by the agreement.* >> >> *(8) For the purposes of considering whether the restriction is in the interests of the employees, the FWC must consider:* >> >>> *(a) the extent to which the employers who will be covered by the agreement have complied, or are likely to comply, with the requirements of the Supera — 2020-06-18, Senate: negative, ayes 26, noes 29
- Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 - in Committee - Speed things along — 2020-06-18, Senate: negative, ayes 8, noes 31
- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_172d30f0-3747-4b04-b622-5709c788aa3d%22;rec=0) introduced by Tasmanian Senator [Peter Whish-Wilson](https://theyvoteforyou.org.au/people/senate/tasmania/peter_whish-wilson) (Greens), which means they failed. ### Amendment text > *(1) Schedule 1, item 6, page 4 (lines 3 and 4), omit the item, substitute:* > > *6 Paragraph 32C(6)(h)* > > *Repeal the paragraph, substitute:* > >> *(h) an enterprise agreement:* >> >>> *(i) made before 1 July 2020; or* >>> >>> *(ii) to which subsection (6AAA) applies; or* > > *(2) Schedule 1, item 7, page 4 (before line 7), before subsection 32C(6AA), insert:* > >> *(6AAA) For the purposes of subparagraph (6)(h)(ii), this subsection applies to an enterprise agreement that provides for an employee to join a fund in relation to which:* >> >>> *(a) the employee is eligible to become a defined benefit member; and* >>> >>> *(b) either or both of the following are satisfied:* >>> >>>> *(i) the governing rules of the fund permit the employee, within a period specified within those rules, to choose not to remain a defined benefit member;* >>>> >>>> *(ii) the employee may choose another fund.* > > *(3) Schedule 1, page 4 (after line 16), at the end of the Schedule, add:* > > *8 At the end of section 32F* > >> *Add:* >> >> *(4) A fund (the selected fund ) cannot become a chosen fund for an employee or a person who will become an employee under this section if the person has become or is eligible to become a defined benefit member pursuant to an arrangement of the kind referred to in paragraph 32C(6)(h).* > > *9 Subsection 32NA(2)* > >> *After “An employer is not required under section 32N to give an employee”, insert “or a person who is eligible to become an employee”.* > > *10 Paragraph 32NA(2)(a)* > >> *After “the employer is making”, insert “or will make” — 2020-08-25, Senate: negative, ayes 23, noes 25
- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_8a73013a-6547-4691-8d4b-71f3424b0d50%22;rec=0) introduced by Queensland Senator [Larissa Waters](https://theyvoteforyou.org.au/people/senate/queensland/larissa_waters) (Greens), which means they failed. ### Amendment texts > *(1) Schedule 1, page 3 (after line 27), after item 4, insert:* > >> *4A Subsection 27(1)* >> >> *Omit “(1)”.* >> >> *4B Subsection 27(2)* >> >> *Repeal the subsection.* > > *(2) Schedule 1, page 4 (after line 16), at the end of the Schedule, add:* > >> *8 Application provision* >> >> *Despite the repeal made by item 4B, subsection 27(2) of the Superannuation Guarantee (Administration) Act 1992 , as in force immediately before the commencement of this Act, continues to apply at and after that time in relation to an employer for an employee if the employer is entitled to a jobkeeper payment (within the meaning of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 ) for the employee during the calendar month.* ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* — 2020-08-25, Senate: negative, ayes 6, noes 27
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2020-08-25.36.1) introduced by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means they failed. ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* ### Amendments text > *(1) Schedule 1, page 3 (before line 5), before the heading specifying Superannuation Guarantee (Administration) Act 1992, insert:* > >> *Fair Work Act 2009* >> >> *1A At the end of section 187* >> >> *Add:* >> >> *Requirement relating to restrictions of choice of superannuation fund* >> >>> *(7) If the agreement includes a restriction on the choice of superannuation fund or funds available to employees, the FWC must be satisfied that the restriction is in the interests of the employees who will be covered by the agreement.* >>> >>> *(8) For the purposes of considering whether the restriction is in the interests of the employees, the FWC must consider:* >>> >>>> *(a) the extent to which the employers who will be covered by the agreement have complied, or are likely to comply, with the requirements of the Superannuation Guarantee (Administration) Act 1992; and* >>>> >>>> *(b) the features of the proposed default superannuation fund or funds, including matters such as insurance; and* >>>> >>>> *(c) any other relevant matters.* > > *(2) Schedule 1, item 6, page 4 (lines 3 and 4), omit the item, substitute:* >> >> *6 Paragraph 32C(6 )( h)* >> >> *Repeal the paragraph, substitute:* >> >>> *(h) an enterpri — 2020-08-25, Senate: negative, ayes 22, noes 26
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-08-25.41.1) introduced by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means it failed. ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* ### Amendment text > *(1) Page 4 (after line 16) , at the end of the Bill, add:* > > *Schedule 2 — Superannuation contributions in National Employment Standards* > > *Fair Work Act 2009* > >> *1 After paragraph 61(2)(h)* >> >> *Insert:* >> >>> *(ha) superannuation contributions (Division 10A);* >> >> *2 After Division 10 of Part 2-2 of Chapter 2* >> >> *Insert:* >> >> *Division 10A — Superannuation contributions* >> >> *116A Superannuation contributions* >> >> *Obligation in relation to contributions* >> >>> *(1) An employer must make contributions to a superannuation fund for the benefit of an employee so as to avoid liability to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the employee.* >> >> *Amount of contributions* >> >>> *(2) The amount of the contributions relating to the employee is to be worked out:* >>> >>>> *(a) in accordance with the Superannuation Guarantee (Administration) Act 1992 ; or* >>>> >>>> *(b) if a modern award or enterprise agreement applies to the employee and provides for an amount higher than the amount applicable under paragraph (a)—in accordance with the modern award or enterprise agreement (as the case requires).* >>> >>> *Superannuati — 2020-08-25, Senate: negative, ayes 22, noes 26
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2020-08-25.19.2): > *That the report of the committee be adopted.* ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* — 2020-08-25, Senate: affirmative, ayes 26, noes 22
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2020-08-25.53.1) to pass the bill. In parliamentary jargon, they voted to read the bill for a [third time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). The bill will now be sent back to the House of Representatives, where our MPs will decide whether they agree with the amendments. If so, the bill will become law. ### What is the main idea of the bill? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104): > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.* — 2020-08-25, Senate: affirmative, ayes 26, noes 22
Plain-language summary
No machine-written summary in this export.
Sources
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