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senate vote 2020-08-25#1
Edited by
mackay staff
on
2020-10-02 12:23:43
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Title
Bills — Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019; in Committee- Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 - in Committee - Choice of fund
Description
<p class="speaker">Larissa Waters</p><p>I am moving amendments (1) and (2) on sheet 8971, by leave together. As previously discussed, and as people would probably be aware, this is an amendment that would remove the $450 threshold below which—</p> <p class="speaker">Jenny McAllister</p>- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6447_amend_172d30f0-3747-4b04-b622-5709c788aa3d%22;rec=0) introduced by Tasmanian Senator [Peter Whish-Wilson](https://theyvoteforyou.org.au/people/senate/tasmania/peter_whish-wilson) (Greens), which means they failed.
- ### Amendment text
- > *(1) 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*
- >
- > *(2) 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.*
- >
- > *(3) 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”.*
- ### What is the main idea of the bill?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd104):
- > *The purpose of the Treasury Laws Amendment (Your Superannuation, Your Choice) Bill 2019 (the Bill) is to amend the Superannuation Guarantee (Administration) Act 1992 (SGAA) to ensure employees under new workplace determinations or enterprise agreements have an opportunity to choose the superannuation fund for their compulsory employer contributions.*
<p>We seem to have some audio issues. Temporary Chair Brockman, I wonder if you might clarify with Senator Waters whether she is presently speaking to the Australian Greens' motion on sheet 8981, which has previously moved by Senator Whish-Wilson?</p> <p class="speaker">Larissa Waters</p><p>No, it's 8971. I can speak to that if people are able to hear me. I'm moving 8971. Sheet 8981 has been done and negatived.</p> <p class="speaker">Slade Brockman</p><p>No, we do have some amendments before the chair: amendments (1) to (3) on sheet 8981, moved by Senator Whish-Wilson. They are currently before the chair, so we do need to deal with those before we move on.</p><p class="italic">The CHAIR: The question is that amendments (1) to (3) on sheet 8981, moved by Senator Whish-Wilson, be agreed to.</p>
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