Division
The majority voted against [amendments](https://www.openaustralia.org.au/debate/?id=2025-07-31.22.12) introduced by Goldstein MP [Tim Wilson](https://theyvoteforyou.org.au/people/representatives/goldstein/tim_wilson) (Liberal), which means they failed. ### Amendment text > *(1) Schedule 1, item 1, page 3 (line 6) to page 3 (line 18), omit section 135A, substitute:* > >> *135A Special provisions relating to penalty rates and overtime rates* >> >> *(1) In exercising its powers under this Part to make, vary or revoke modern awards, the FWC must be satisfied that:* >> >>> *(a) the rate of a penalty rate or an overtime rate that employees are entitled to receive under the modern award is not reduced; and* >>> >>> *(b) modern awards do not include terms that substitute employees' entitlements to receive penalty rates or overtime rates where those terms would have the effect of reducing the additional remuneration referred to in paragraph 134(1)(da) that an affected employee would otherwise receive under the modern award.* >> >> *(2) Subsection (1) does not apply when the FWC exercises powers under this Part pursuant to:* >> >>> *(a) section 144 (flexibility terms); or* >>> >>> *(b) section 160 (which deals with variation to remove ambiguities or correct errors); or* >>> >>> *(c) paragraph 157 (3)(a) (own initiative).* >> >> *(3) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms existed immediately prior to commencement of Subsection (1).* >> >> *(4) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms are expressed to apply only to a small business employer.* >> >> *(5) Subsection (1) does not limit the FWC's ability to make a determination to v
House of Representatives, 2025-07-31. negative: ayes 40, noes 93.
Question
The majority voted against [amendments](https://www.openaustralia.org.au/debate/?id=2025-07-31.22.12) introduced by Goldstein MP [Tim Wilson](https://theyvoteforyou.org.au/people/representatives/goldstein/tim_wilson) (Liberal), which means they failed. ### Amendment text > *(1) Schedule 1, item 1, page 3 (line 6) to page 3 (line 18), omit section 135A, substitute:* > >> *135A Special provisions relating to penalty rates and overtime rates* >> >> *(1) In exercising its powers under this Part to make, vary or revoke modern awards, the FWC must be satisfied that:* >> >>> *(a) the rate of a penalty rate or an overtime rate that employees are entitled to receive under the modern award is not reduced; and* >>> >>> *(b) modern awards do not include terms that substitute employees' entitlements to receive penalty rates or overtime rates where those terms would have the effect of reducing the additional remuneration referred to in paragraph 134(1)(da) that an affected employee would otherwise receive under the modern award.* >> >> *(2) Subsection (1) does not apply when the FWC exercises powers under this Part pursuant to:* >> >>> *(a) section 144 (flexibility terms); or* >>> >>> *(b) section 160 (which deals with variation to remove ambiguities or correct errors); or* >>> >>> *(c) paragraph 157 (3)(a) (own initiative).* >> >> *(3) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms existed immediately prior to commencement of Subsection (1).* >> >> *(4) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms are expressed to apply only to a small business employer.* >> >> *(5) Subsection (1) does not limit the FWC's ability to make a determination to v
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