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The same number of senators voted for and against [amendments no. (1), (3) to (6) and (8) to (11)](https://www.openaustralia.org.au/senate/?gid=2021-03-18.55.1), which means they failed. They were introduced by South Australian Senator [Penny Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_wong) (Labor). ### Amendment text > *(1) Schedule 1, item 2, page 4 (line 9) to page 5 (line 18), omit section 15A, substitute:* > >> *15A Meaning of casual employee* >> >> *(1) A person is a casual employee of an employer if the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person.* >> >> *(2) For the purposes of subsection (1), in determining whether the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person, regard must be had to the following considerations:* >> >>> *(a) whether the employer can elect to offer work and whether the person can elect to accept or reject work;* >>> >>> *(b) whether the person will work only as required;* >>> >>> *(c) whether the employment is described as casual employment;* >>> >>> *(d) whether the person will be entitled to a casual loading or a specific rate of pay payable only to casual employees under the terms of a fair work instrument;* >>> >>> *(e) the pattern of hours that is worked, or scheduled by the employer to be worked, by the person.* >>> >>> *Note: Under Division 4A of Part 2-2, a casual employee who has worked for an employer for at least 12 months and has, during at least the last 6 months of that time, worked a regular pattern of hours on an ongoing basis may be entitled to be offered, or request, conversion to full-time employment or part-time employment.* >> >> *(3) To avoid doubt, regard may also be had to considerations other than those referred to in subsection (2).* > > *(3) Schedule 1, item 3, page 7 (before line 27), before subsection 66C(3), insert:* > >> *(2

Senate, 2021-03-18. negative: ayes 32, noes 32.

Question

The same number of senators voted for and against [amendments no. (1), (3) to (6) and (8) to (11)](https://www.openaustralia.org.au/senate/?gid=2021-03-18.55.1), which means they failed. They were introduced by South Australian Senator [Penny Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_wong) (Labor). ### Amendment text > *(1) Schedule 1, item 2, page 4 (line 9) to page 5 (line 18), omit section 15A, substitute:* > >> *15A Meaning of casual employee* >> >> *(1) A person is a casual employee of an employer if the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person.* >> >> *(2) For the purposes of subsection (1), in determining whether the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person, regard must be had to the following considerations:* >> >>> *(a) whether the employer can elect to offer work and whether the person can elect to accept or reject work;* >>> >>> *(b) whether the person will work only as required;* >>> >>> *(c) whether the employment is described as casual employment;* >>> >>> *(d) whether the person will be entitled to a casual loading or a specific rate of pay payable only to casual employees under the terms of a fair work instrument;* >>> >>> *(e) the pattern of hours that is worked, or scheduled by the employer to be worked, by the person.* >>> >>> *Note: Under Division 4A of Part 2-2, a casual employee who has worked for an employer for at least 12 months and has, during at least the last 6 months of that time, worked a regular pattern of hours on an ongoing basis may be entitled to be offered, or request, conversion to full-time employment or part-time employment.* >> >> *(3) To avoid doubt, regard may also be had to considerations other than those referred to in subsection (2).* > > *(3) Schedule 1, item 3, page 7 (before line 27), before subsection 66C(3), insert:* > >> *(2

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