Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

5           Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019

Order of the day read for the further consideration of the bill in committee of the whole.

 

 

 

In the committee

Consideration resumed of the bill.

Senator McAllister moved the following amendment:

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.

Debate ensued.

Question—That the amendment be agreed to—put.

15f18484-d795-4bd8-bc05-d39bb2ec9dbb The committee divided—

AYES, 26

Senators—

Ayres

Faruqi

McAllister

Siewert

Bilyk

Gallacher

McCarthy*

Sterle

Brown

Gallagher

McKim

Walsh

Carr

Green

O’Neill

Waters

Chisholm

Hanson-Young

Rice

Watt

Ciccone

Lambie

Sheldon

Whish-Wilson

Di Natale

Lines

 

 

 

NOES, 29

Senators—

Antic

Duniam

McKenzie

Rennick

Askew

Fierravanti-Wells

McLachlan

Reynolds

Birmingham

Henderson

Molan

Ryan

Brockman

Hughes

O’Sullivan

Scarr

Canavan

Hume

Paterson

Smith, Dean

Chandler

McDonald

Patrick

Stoker

Colbeck

McGrath*

Payne

Van

Davey

 

* Tellers

Question negatived.

Senator Whish-Wilson moved the following amendments together by leave:

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

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.

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”.

11  Paragraph 32NA(2)(b)

After “the contributions are made”, insert “or will be made”.

12  Subsection 32NA(9)

After “An employer is not required under section 32N to give an employee”, insert “or a person who is eligible to become an employee”.

13  Paragraph 32NA(9)(a)

After “the employee is”, insert “or will become”.

Debate ensued.

Closure : Senator Whish-Wilson moved—That the question on the amendments be now put.

Question—That the question be now put—put.

The committee divided—

AYES, 8

Senators—

Di Natale

Hanson-Young

Rice

Waters

Faruqi

McKim

Siewert*

Whish-Wilson

 

 

NOES, 31

Senators—

Antic

Duniam

McDonald

Ruston

Askew

Fierravanti-Wells

McGrath

Ryan

Brockman

Gallagher

McKenzie

Scarr

Canavan

Henderson

McLachlan

Seselja

Chandler

Hughes

Molan

Smith, Dean

Colbeck

Hume

O’Sullivan

Stoker

Cormann

McAllister

Paterson

Van

Davey

McCarthy*

Rennick

 

* Tellers

Question negatived.

Debate continued.

 

 

 

At 11.45 am : The committee reported progress.