Division
The majority voted against the [amendment on sheet 3408](https://www.openaustralia.org.au/senate/?id=2025-08-27.24.1), which was moved by NSW Senator [Maria Kovacic](https://theyvoteforyou.org.au/people/senate/nsw/maria_kovacic) (Liberal). This means the amendment failed. It related to retaining the Fair Work Commission's discretion to approve award variations. ### Amendment text > *(1) Schedule 1, item 1, page 3 (lines 6 to 20), 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)
Senate, 2025-08-28. negative: ayes 25, noes 34.
Question
The majority voted against the [amendment on sheet 3408](https://www.openaustralia.org.au/senate/?id=2025-08-27.24.1), which was moved by NSW Senator [Maria Kovacic](https://theyvoteforyou.org.au/people/senate/nsw/maria_kovacic) (Liberal). This means the amendment failed. It related to retaining the Fair Work Commission's discretion to approve award variations. ### Amendment text > *(1) Schedule 1, item 1, page 3 (lines 6 to 20), 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)
How each member voted
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Related bills
Only formal divisions leave a per-member record. A procedural vote is not necessarily a vote for or against a bill.