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senate vote 2021-03-18#17
Edited by
mackay staff
on
2021-05-07 08:41:20
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Title
Description
- The same number of senators voted for and against the [amendment](https://www.openaustralia.org.au/senate/?gid=2021-03-18.71.1) introduced by SA Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (Centre Alliance), which means it failed.
- ### Amendment text
- > *(7) [Schedule 7](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6653_first-reps%2F0007;query=Id%3A%22legislation%2Fbills%2Fr6653_first-reps%2F0000%22;rec=0), item 1, page 95 (after line 19), after subclause 46(7), insert:*
- >> *(7A) However, despite subclause (7), section 545A of the amended Act does not apply in relation to entitlements that accrue, or loading amounts paid, before commencement if an application has been made before 18 March 2021 to a court for the court to determine a claim in respect of the entitlements or amounts.*
- ### What is section 545A?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd053), section 545A was introduced in order to address concerns around ‘double dipping.’ It applies when:
- > * *an employee is engaged as a casual employee and is paid an identifiable loading amount to compensate for not receiving relevant entitlements during their employment period and*
> * *is subsequently found not to be a casual employee during the employment period and makes a claim for their entitlements. *- > * *is subsequently found not to be a casual employee during the employment period and makes a claim for their entitlements.*
- >
> *In these circumstances a court, when making orders in relation to the claim, must reduce any amount payable by the employer to the person for the relevant entitlements by the loading amount, however the amount payable must not be below zero.*- > *In these circumstances a court, when making orders in relation to the claim, must reduce any amount payable by the employer to the person for the relevant entitlements by the loading amount, however the amount payable must not be below zero.*
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senate vote 2021-03-18#17
Edited by
mackay staff
on
2021-05-07 08:40:59
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Title
Bills — Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021; in Committee- Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Application of set off
Description
<p class="speaker">Malcolm Roberts</p><p>by leave—I withdraw One Nation amendments on sheets 1250, 1251, 1252 and 1253.</p> <p class="speaker">Sue Lines</p>- The same number of senators voted for and against the [amendment](https://www.openaustralia.org.au/senate/?gid=2021-03-18.71.1) introduced by SA Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (Centre Alliance), which means it failed.
- ### Amendment text
- > *(7) [Schedule 7](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6653_first-reps%2F0007;query=Id%3A%22legislation%2Fbills%2Fr6653_first-reps%2F0000%22;rec=0), item 1, page 95 (after line 19), after subclause 46(7), insert:*
- >> *(7A) However, despite subclause (7), section 545A of the amended Act does not apply in relation to entitlements that accrue, or loading amounts paid, before commencement if an application has been made before 18 March 2021 to a court for the court to determine a claim in respect of the entitlements or amounts.*
- ### What is section 545A?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd053), section 545A was introduced in order to address concerns around ‘double dipping.’ It applies when:
- > * *an employee is engaged as a casual employee and is paid an identifiable loading amount to compensate for not receiving relevant entitlements during their employment period and*
- > * *is subsequently found not to be a casual employee during the employment period and makes a claim for their entitlements. *
- >
- > *In these circumstances a court, when making orders in relation to the claim, must reduce any amount payable by the employer to the person for the relevant entitlements by the loading amount, however the amount payable must not be below zero.*
<p>Senator Griff, do you want to seek leave to withdraw amendments (3) to (6) on sheet 1265?</p> <p class="speaker">Stirling Griff</p><p>I would like amendments (3) and (7) to be put separately and the others withdrawn.</p> <p class="speaker">Sue Lines</p><p>Amendment (3) deals with schedule 5, which has been removed from the bill. I was expecting you to move amendments (1), (2) and (7). To be clear, I thought you would move amendment (7). Are you seeking leave to withdraw the other amendments? Some of them have been dealt with.</p> <p class="speaker">Penny Wong</p><p>I would make the suggestion that Senator Griff get advice, because this is obviously quite confusing and the government is asserting that some of these amendments have been dealt with. I have to say I haven't compared Senator Griff's proposed amendments with the government's for this purpose. So, we could vote on (7) and Senator Griff, during the four-minute division, could get advice on the remainder of his proposed amendments.</p> <p class="speaker">Simon Birmingham</p><p>My advice is that items (1) and (2), relating to small claims hearings, are duplicates of amendments that the government has already moved and that have been accepted by the chamber.</p> <p class="speaker">Stirling Griff</p><p>I move Centre Alliance amendment (7) on sheet 1265:</p><p class="italic">(7) Schedule 7, item 1, page 95 (after line 19), after subclause 46(7), insert:</p><p class="italic">(7A) However, despite subclause (7), section 545A of the amended Act does not apply in relation to entitlements that accrue, or loading amounts paid, before commencement if an application has been made before 18 March 2021 to a court for the court to determine a claim in respect of the entitlements or amounts.</p><p class="italic">The CHAIR: The question is that (7) on sheet 1265, as moved by Senator Griff, be agreed to.</p>
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