Bill
Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020
passed, as at 2020-11-13. Treasury portfolio.
- Sponsor
- Not recorded
- Portfolio
- Treasury
Recorded stages
- introduced — 2020-10-07
- second reading — 2020-10-07
- second reading — 2020-10-19
- second reading — 2020-10-19
- third reading — 2020-10-19
- introduced — 2020-11-09
- second reading — 2020-11-09
- second reading — 2020-11-09
- second reading — 2020-11-10
- second reading — 2020-11-10
- committee — 2020-11-10
- third reading — 2020-11-10
- other — 2020-11-11
- other — 2020-11-11
- passed — 2020-11-11
- royal assent — 2020-11-13
Divisions
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?id=2020-11-10.7.1) introduced by South Australian Senator [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) (Independent), which means they failed. ### What does the amendment do? Senator Patrick [explained that](https://www.openaustralia.org.au/senate/?id=2020-11-10.7.1): > *These amendments seek to undo what is becoming an awful trend in respect of legislation that is being brought into this chamber. As I said in my speech on the second reading yesterday, the government has put forward a bill to the parliament that basically has two substantive paragraphs. And those substantive paragraphs seek to grant a power for a minister to set up a scheme that involves the expenditure of somewhere up to $4 billion of taxpayers' money. All of the details of how that money will be spent, who will be in receipt of it and so forth will actually be contained in the rules generated by some faceless official somewhere in the government. The way this is supposed to work is we're supposed to put legislation on the table and have it be debated, contested, talked about openly and voted upon openly so that the people who we represent can hold us to account. But that is not what will happen in relation to this particular bill, because all of the details are in the rules.* > > *The strange thing is: the rules are available. In fact, that's exactly what I've done with this amendment—I've taken the rules and put them into the bill, as should be the case.* — 2020-11-10, Senate: negative, ayes 9, noes 35
- The majority voted against [amendments (1) and (2)](https://www.openaustralia.org.au/senate/?gid=2020-11-10.16.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means it failed. ### What do the amendments do? Senator Faruqi [explained that](https://www.openaustralia.org.au/senate/?gid=2020-11-10.16.1): > *Over the years there have been plenty of examples of businesses that have denied workers their full pay and their full rights. Many big businesses eligible for the JobMaker hiring credit actually have a history of underpaying their staff and their workers, but this scheme, as it stands at the moment, allows public funds to subsidise those same businesses that have been underpaying their staff. Surely no-one in this place can agree that that should be allowed to happen. Our amendments remove eligibility for businesses that are found to be underpaying their workers while receiving the JobMaker hiring credit. Businesses will be required to repay the total sum of the credit they have received. Our amendments also include protections to prevent employers seeking payments from their workers to cover that repayment.* ### Amendment text > *(1) Schedule 1, page 3 (after line 11) , after item 2, insert:* > >> *2A Section 6* >> >> *Insert:* >> >>> *underpaying in relation to an employee: see subsection 7A(4).* >>> >>> *underpayment event: see subsection 7A(3).* > > *(2) Schedule 1, page 3 (after line 26), after item 4, insert:* > >> *4A After section 7* >> >> *Insert:* >> >>> *7A Requirements for rules that provide for jobmaker hiring credit scheme — ineligibility for underpaying employees* >>> >>> *(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.* >>> >>> *Ineligibility for underpaying employees* >>> >>> *(2) The rules must provide that an entity is not eligible for the payment if, during the releva — 2020-11-10, Senate: negative, ayes 29, noes 31
- The majority voted against a [request for an amendment](https://www.openaustralia.org.au/senate/?gid=2020-11-10.20.1) introduced by South Australian Senator [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) (Independent), which means it failed. ### What does the amendment do? Senator Patrick [explained that](https://www.openaustralia.org.au/senate/?gid=2020-11-10.20.1): > *For the benefit of the chamber, what this amendment seeks to do is to deal with a discriminatory aspect of the bill as it currently stands in conjunction with the rules. The JobMaker scheme will permit a payment of $200 for new employees that are within the age bracket 16 to 29, scaling down to $100 per week for employees that are in the age bracket of 30 to 35.* > > *Last week at the committee that was examining this bill, I tabled some Seek advertisements. Those advertisements were for jobs, and those advertisements had the words in them, 'In order to apply for this job you must be eligible for JobMaker.' In effect, what that was saying was if you are 36 or 37 or 38 or anywhere above 35 you need not apply for this job. That is discriminatory. We have a lot of mature workers in our community who add value and who are also struggling to get jobs as a result of what's happened with COVID-19. This bill offers no help to employers to employ them, so, by its very nature, it operates as an incentive to exclude them, to discriminate against them.* ### Amendment request text > *That the House of Representatives be requested to make the following amendment:* > > *(1) Schedule 1, page 3 (after line 24), after item 3, insert:* > > *3A After section 7* > >> *Insert:* >> >> *7A Requirements for rules that provide for jobmaker hiring credit scheme* >> >> *(1) This section applies if rules are made for the purpose of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.* >> >> *(2) The rules must not:* >> >>> *(a) include eligibility requirements that p — 2020-11-10, Senate: negative, ayes 11, noes 32
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-11-10.36.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means it failed. ### What does this amendment do? Senator Faruqi [explained that](https://www.openaustralia.org.au/senate/?gid=2020-11-10.36.14): > *We are moving this amendment because there is nothing in this bill that stops companies paying increased dividends during the pandemic while receiving JobKeeper. These companies will be allowed to use and abuse public money in the same way under the JobMaker hiring credit scheme. That is just obscene. This amendment will make sure that businesses who have paid increased dividends from 1 March 2020 through to the end of the scheme, which is currently 6 October 2022, will be ineligible for the JobMaker hiring credit, because they should be. It is public money in this scheme that is being used to provide employment—insecure, I might add, and precarious employment—to people, but public money should in no way be abused in this obscene way, where shareholders get dividends for it. I commend this amendment to the Senate.* ### Amendment text > *(1) Schedule 1 , page 3 (before line 27) , before item 5 , insert:* > >> *4B After section 7* >> >> *Insert:* >> >> *7B Requirements for rules that provide for jobmaker hiring credit scheme—ineligibility for paying increased dividends* >> >> *(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.* >> >> *(2) The rules must provide that an entity is not eligible for the payment at any time during the relevant period if:* >> >>> *(a) during the period beginning on 1 March 2020 and ending at the end of the relevant period the entity pays dividends to shareholders of the entity; and* >>> >>> *(b) the Commissioner is satisfied that the amount of the dividend exceeds the amou — 2020-11-10, Senate: negative, ayes 9, noes 35
- Economic Recovery Package (Jobmaker Hiring Credit) Amendment Bill 2020 - in Committee - Safeguards — 2020-11-10, Senate: affirmative, ayes 30, noes 28
- Economic Recovery Package (Jobmaker Hiring Credit) Amendment Bill 2020 - in Committee - Dispute resolution — 2020-11-10, Senate: negative, ayes 29, noes 31
- The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-11-10.183.3) introduced by West Australian Senator [Louise Pratt](https://theyvoteforyou.org.au/people/senate/wa/louise_pratt) (Labor), which means it was successful. Senator Pratt [explained](https://www.openaustralia.org.au/senate/?gid=2020-11-10.183.3) that her amendment: > *requires reporting on the scheme to happen quarterly. Here we really want to be able to see the number of entities that have received payments, the number of employees, the total payroll and a comparison of the amounts that have been paid, and we want to be able to see those things across different regions.* ### Amendment text > *(1) Schedule 1, page 3 (after line 26), after item 4, insert:* > > *4A After section 7* > > *Insert:* > > *7A Requirements for rules that provide for jobmaker hiring credit scheme—reporting of aggregated scheme information* > > *(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.* > > *(2) The rules must require the Commissioner to make publicly available as soon as practicable after the end of each quarter the following aggregated information in relation to entities receiving payments under the scheme for the jobmaker hiring credit:* > >> *(a) the number of entities that received payments under the scheme during the quarter;* >> >> *(b) the number of employees employed by the entities at the end of the quarter;* >> >> *(c) the total payroll of all the entities for the quarter;* >> >> *(d) a comparison of the amounts in paragraphs (a), (b) and (c) with the amounts for the previous quarter.* > > *(3) Rules made for the purposes of subsection (2) must also provide for reporting of that information aggregated across different sizes of businesses and across different regions of Australia.* > > *(4) In this section:* > >> *quarter means a period of 3 months ending on 31 March, 3 — 2020-11-10, Senate: affirmative, ayes 32, noes 28
- Economic Recovery Package (Jobmaker Hiring Credit) Amendment Bill 2020 - in Committee - Transparency — 2020-11-10, Senate: negative, ayes 30, noes 30
- The same number of senators voted for and against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-11-10.192.1) introduced by West Australian Senator [Louise Pratt](https://theyvoteforyou.org.au/people/senate/wa/louise_pratt) (Labor), which means it was unsuccessful. ### Amendment text > *(1) Schedule 1, page 3 (before line 27), before item 5, insert:* > > *4E After section 7* > > *Insert:* > > *7E Requirements for rules that provide for jobmaker hiring credit scheme—ineligibility for paying increased executive bonuses* > > *(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.* > > *(2) The rules must provide that an entity is not eligible for the payment at any time during the relevant period if:* > >> *(a) during the period beginning on 1 March 2020 and ending at the end of the relevant period the entity pays a bonus to an executive or other officer of the entity; and* >> >> *(b) the Commissioner is satisfied that the amount of the bonus exceeds the amount of the last such payment made by the entity to the officer.* ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd023): > *The purpose of the Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020 (the Bill) is to amend the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (the Payments and Benefits Act) to enable payments to be made to help improve people’s prospects of gaining paid employment or to increase workforce participation, between 7 October 2020 and 6 October 2022.* > > *The Bill also allows for the establishment of a scheme related to one or more of the payments intended to help improve people’s prospects of gaining paid employment or increasing workforce participation.* — 2020-11-10, Senate: negative, ayes 30, noes 30
- The majority voted in favour of *disagreeing* with the [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fsched%2Fr6609_sched_b8e008da-90eb-4e45-9e08-b6ae8922d9dc%22;rec=0) requested by the Senate. The [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6609) will now return to the Senate, where they can decide on whether or not to insist on their amendments. If the don't insist on them, the bill will become law. ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd023): > *The purpose of the Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020 (the Bill) is to amend the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (the Payments and Benefits Act) to enable payments to be made to help improve people’s prospects of gaining paid employment or to increase workforce participation, between 7 October 2020 and 6 October 2022.* > > *The Bill also allows for the establishment of a scheme related to one or more of the payments intended to help improve people’s prospects of gaining paid employment or increasing workforce participation.* — 2020-11-11, House of Representatives: affirmative, ayes 54, noes 51
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2020-11-11.181.1) "*that the committee does not insist on its amendments to which the House of Representatives has disagreed*." Because the bill - minus these certain amendments - has already passed in the House, the bill can now become law. ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd023): > *The purpose of the Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020 (the Bill) is to amend the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (the Payments and Benefits Act) to enable payments to be made to help improve people’s prospects of gaining paid employment or to increase workforce participation, between 7 October 2020 and 6 October 2022.* > > *The Bill also allows for the establishment of a scheme related to one or more of the payments intended to help improve people’s prospects of gaining paid employment or increasing workforce participation.* — 2020-11-11, Senate: affirmative, ayes 30, noes 28
Plain-language summary
No machine-written summary in this export.
Sources
em
billhome
frl act