edited
27th Oct 2022
Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 - Second Reading - Review of Act - More guidance and resources
Not passed by a small majority
No rebellions 83% attendance
26th Oct 2022, 7:01 PM – Senate Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 - in Committee - Emergency leave
Summary
EditThe majority voted against amendments introduced by Tasmanian Senator Jacqui Lambie (Jacqui Lambie Network), which means it failed.
Amendment text
Tasmanian Senator Tammy Tyrrell (Jacqui Lambie Network) explained the amendments:
Calling this 'emergency leave' would not require you to self-identify as having experienced domestic violence. You'd only need it to be an emergency—an unforeseen emergency at home—that would prevent you from coming to work that day.
[...]
You should be entitled to privacy. You should be entitled to safety. No lawmaker should make you choose between them. That's us. We shouldn't be doing what we're doing. When you ask for domestic violence leave, even in asking the question, you're explaining why you need it, and it's absolutely none of your employer's business why you need safety in that moment. It's an emergency; get out of the way. When you ask for emergency leave, on the other hand, you're saying you're experiencing an emergency, one that prevents you from attending your work for a period of time. Your boss might ask for evidence, but all you need is evidence you're experiencing an emergency. That would be an improvement, but it wouldn't take long for businesses to realise that anybody who's requesting emergency leave is requesting what used to be called domestic violence leave. It's a rose by any other name.
So the second bit of what I'm proposing is to combine domestic violence leave with compassionate leave. That's the leave you take when there has been a death in the family. Combining the two would mean you'd be eligible so long as there's a family emergency. The grounds for eligibility would be the same: if you're eligible for what's currently called 'compassionate leave', you're eligible for emergency leave. If you're eligible for what's proposed to be called 'paid domestic violence leave', you're eligible for emergency leave. There's no change there. This is a change that makes a good thing available to more people. It does not cost a dollar more to implement. It does not restrict access to a single person. It expands access and makes it easier to access. It is a good thing.
Votes Not passed by a large majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 0 Yes – 12 No | |
| Penny Allman-Payne Queensland | No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Barbara Pocock SA | No | |
| Janet Rice Victoria | No | |
| David Shoebridge NSW | No | |
| Jordon Steele-John WA | No | |
| Lidia Thorpe Victoria | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Australian Labor Party (64% turnout) | 0 Yes – 16 No | |
| Catryna Bilyk Tasmania | No | |
| Carol Brown Tasmania | No | |
| Anthony Chisholm Queensland | No | |
| Raff Ciccone Victoria | No | |
| Katy Gallagher ACT | No | |
| Karen Grogan SA | No | |
| Deborah O'Neill NSW | No | |
| Fatima Payman WA | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Tony Sheldon NSW | No | |
| Marielle Smith SA | No | |
| Glenn Sterle WA | No | |
| Anne Urquhart Tasmania | No | |
| Murray Watt Queensland | No | |
| Linda White Victoria | No | |
| Tim Ayres NSW | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Nita Green Queensland | Absent | |
| Jenny McAllister NSW | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Jana Stewart Victoria | Absent | |
| Jess Walsh Victoria | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Absent | |
| Andrew McLachlan SA Deputy President | Absent | |
| David Pocock ACT Independent | No | |
| Jacqui Lambie Network (100% turnout) | 2 Yes – 0 No | |
| Jacqui Lambie Tasmania | Yes | |
| Tammy Tyrrell Tasmania | Yes | |
| Liberal National Party (50% turnout) | 0 Yes – 1 No | |
| James McGrath Queensland | No | |
| Matthew Canavan Queensland | Absent | |
| Liberal Party (33% turnout) | 0 Yes – 8 No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Sarah Henderson Victoria | No | |
| Jane Hume Victoria | No | |
| Matt O'Sullivan WA | No | |
| Anne Ruston SA | No | |
| Paul Scarr Queensland | No | |
| Dean Smith WA | No | |
| Alex Antic SA | Absent | |
| Wendy Askew Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Andrew Bragg NSW | Absent | |
| Slade Brockman WA | Absent | |
| Claire Chandler Tasmania | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| David Fawcett SA | Absent | |
| Hollie Hughes NSW | Absent | |
| Kerrynne Liddle SA | Absent | |
| Jim Molan NSW | Absent | |
| James Paterson Victoria | Absent | |
| Marise Payne NSW | Absent | |
| Gerard Rennick Queensland | Absent | |
| Linda Reynolds WA | Absent | |
| David Van Victoria | Absent | |
| National Party (25% turnout) | 0 Yes – 1 No | |
| Perin Davey NSW | No | |
| Ross Cadell NSW | Absent | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (50% turnout) | 0 Yes – 1 No | |
| Malcolm Roberts Queensland | No | |
| Pauline Hanson Queensland | Absent | |
| Sue Lines WA President | No | |
| Ralph Babet Victoria United Australia Party | Yes | |
| Totals (58% turnout) | 3 Yes – 41 No |
Turnout is the percentage of members eligible to vote that did vote.