edited
28th Sep 2024
Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Bill 2024 - Second Reading - Coalition policies
Not passed by a small majority
No rebellions 93% attendance
19th Sep 2024, 10:35 AM – Senate Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Bill 2024 - in Committee - Additional entitlements
Summary
EditThe majority voted against amendments introduced by South Australian Senator Anne Ruston (Liberal), which means they failed.
Senator Ruston explained that:
... the coalition's amendments provide that, if a family that is intending to take paid parental leave does not wish to take the superannuation payment in the way that has been prescribed by the government in this bill, instead they could have two additional choices in terms of how they might benefit from the legislation that is currently before us today. The first choice would be to allow them to take an extra two weeks of government funded paid parental leave, so, instead of 26 weeks, it would be 28 weeks once the scheme is at maturity. Alternatively, they could take the superannuation as a one-off lump sum payment.
Amendment text
(1) Schedule 1, item 4, page 3 (before line 27), before the definition of base contribution, insert:
additional leave election means an election made under subsection 115AB(3).
(2) Schedule 1, item 4, page 4 (after line 15), after the definition of nominal interest rate amount, insert:
one-off payment election means an election made under subsection 115AB(4).
(3) Schedule 1, item 4, page 4 (after line 30), after the definition of SG charge percentage, insert:
superannuation election means an election made under subsection 115AB(2).
(4) Schedule 1, item 5, page 6 (before line 1), before Chapter 3A, insert:
Chapter 3AA—Paid Parental Leave additional entitlements
Part 1—Elections in relation to entitlements
Division 1—Guide to this Part
A person is eligible for additional entitlements for an income year if the Secretary pays one or more PPL funding amounts or instalments for the person during the income year.
A person can elect to benefit from the PPL superannuation contribution under Chapter 3A, additional parental leave pay under Part 2 of this Chapter or a one-off payment under Part 3 of this Chapter.
Division 2—Elections in relation to entitlements
115AA Persons who may make elections
(1) A person may make an election under section 115AB for an income year if either or both of the following apply:
(a) a PPL funding amount relating to the person is paid under section 75 in the income year by the Secretary to an employer of the person;
(b) an instalment is both:
(i) payable to the person under section 63; and
(ii) paid under section 84 in the income year by the Secretary to the person.
(2) For the purposes of paragraph (1)(a), disregard any amount of a PPL funding amount that is a debt due to the Commonwealth under subsection 168(2).
115AB Elections under this section
(1) A person who may make an election under this section for an income year:
(a) may make an election under subsection (2), (3) or (4) for the income year; and
(b) must not make more than one election under this section for the income year.
(2) The person may elect for Chapter 3A (Paid Parental Leave Superannuation Contributions) to apply to the person for the income year. Such an election is a superannuation election.
(3) The person may elect for Part 2 of this Chapter (additional parental leave pay) to apply to the person for the income year. Such an election is an additional leave election.
(4) The person may elect for Part 3 of this Chapter (one-off payment) to apply to the person for the income year. Such an election is a one-off payment election.
(5) If the person does not make an election for an income year by the time specified in the PPL rules, the person is taken to have made a superannuation election for the income year.
115AC Requirements for making elections
(1) The PPL rules must prescribe requirements relating to the making of an election under section 115AB.
(2) Without limiting subsection (1), the PPL rules must prescribe requirements in relation to the following:
(a) who the election must be given to;
(b) what form the election must be made in;
(c) what information must be included in, or with, the election;
(d) when the election must be made by.
(3) Without limiting subsection (1), the PPL rules may make provision for and in relation to any other matter relating to the making of elections under section 115AB.
Part 2—Additional parental leave pay
Division 1—Guide to this Part
115AD Guide to this Part
A person who makes an additional leave election for an income year is entitled to additional parental leave pay for the income year. The PPL rules must set out the amount of the payment and other requirements relating to the payment.
Division 2—Additional parental leave pay
115AE Persons to whom this Part applies
This Part applies in relation to a person for an income year if the person has made an additional leave election for the income year.
115AF Additional parental leave pay
(1) The person is to be paid an amount of parental leave pay for the income year in addition to any amount of parental leave pay that is payable to the person for the income year under another provision of this Act.
(2) The amount of additional parental leave pay payable to the person under subsection (1) is to be worked out in accordance with the PPL rules.
(3) The PPL rules must make provision for and in relation to the following matters:
(a) how the payment is to be made to the person;
(b) when the payment is to be made to the person;
(d) the review of a decision relating to the payment;
(e) matters relating to reporting and record-keeping.
(4) The PPL rules may make provision for and in relation to any other matter relating to the payment.
(5) This section has effect despite any other provision of this Act.
Part 3—One-off payment
Division 1—Guide to this Part
115AG Guide to this Part
A person who makes a one-off payment election for an income year is entitled to be paid an amount for the income year. The PPL rules must set out the amount of the payment and other requirements relating to the payment.
Division 2—One-off payment
115AH Persons to whom this Part applies
This Part applies to a person for an income year if the person has made a one-off payment election for the income year.
115AJ One-off payment
(1) The person is to be paid an amount for the income year.
(2) The amount payable to the person under subsection (1) is to be worked out in accordance with the PPL rules.
(3) The PPL rules must make provision for and in relation to the following matters:
(a) how the payment is to be made to the person;
(b) when the payment is to be made to the person;
(d) the review of a decision relating to the payment;
(e) matters relating to reporting and record-keeping.
(4) The PPL rules may make provision for and in relation to any other matter relating to the payment.
(5) This section has effect despite any other provision of this Act.
(5) Schedule 1, item 5, page 6 (before line 19), before section 115B, insert:
115BA Persons to whom this Chapter applies
This Chapter applies to a person for an income year if the person has made a superannuation election for the income year (see section 115AB).
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (91% turnout) | 0 Yes – 10 No | |
| Penny Allman-Payne Queensland | No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Steph Hodgins-May Victoria | No | |
| Nick McKim Tasmania | No | |
| Barbara Pocock SA | No | |
| David Shoebridge NSW | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Jordon Steele-John WA | Absent | |
| Australian Labor Party (75% turnout) | 0 Yes – 18 No | |
| Tim Ayres NSW | No | |
| Anthony Chisholm Queensland | No | |
| Raff Ciccone Victoria | No | |
| Lisa Darmanin Victoria | No | |
| Don Farrell SA | No | |
| Katy Gallagher ACT | No | |
| Varun Ghosh WA | No | |
| Nita Green Queensland | No | |
| Karen Grogan SA | No | |
| Jenny McAllister NSW | No | |
| Malarndirri McCarthy NT | No | |
| Deborah O'Neill NSW | No | |
| Louise Pratt WA | No | |
| Tony Sheldon NSW | No | |
| Marielle Smith SA | No | |
| Jana Stewart Victoria | No | |
| Anne Urquhart Tasmania | No | |
| Jess Walsh Victoria | No | |
| Catryna Bilyk Tasmania | Absent | |
| Carol Brown Tasmania | Absent | |
| Helen Polley Tasmania | Absent | |
| Glenn Sterle WA | Absent | |
| Murray Watt Queensland | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Yes | |
| Andrew McLachlan SA Deputy President | Yes | |
| David Pocock ACT Independent | No | |
| Lidia Thorpe Victoria Independent | No | |
| David Van Victoria Independent | No | |
| Fatima Payman WA Independent | Absent | |
| Gerard Rennick Queensland Independent | Absent | |
| Tammy Tyrrell Tasmania Independent | Absent | |
| Jacqui Lambie Tasmania Jacqui Lambie Network | No | |
| Tammy Tyrrell Tasmania Jacqui Lambie Network | No | |
| Liberal National Party (50% turnout) | 1 Yes – 0 No | |
| Matthew Canavan Queensland | Yes | |
| James McGrath Queensland | Absent | |
| Liberal Party (91% turnout) | 20 Yes – 0 No | |
| Alex Antic SA | Yes | |
| Wendy Askew Tasmania | Yes | |
| Andrew Bragg NSW | Yes | |
| Slade Brockman WA | Yes | |
| Michaelia Cash WA | Yes | |
| Claire Chandler Tasmania | Yes | |
| Richard Colbeck Tasmania | Yes | |
| Jonathon Duniam Tasmania | Yes | |
| Sarah Henderson Victoria | Yes | |
| Hollie Hughes NSW | Yes | |
| Jane Hume Victoria | Yes | |
| Maria Kovacic NSW | Yes | |
| Kerrynne Liddle SA | Yes | |
| Matt O'Sullivan WA | Yes | |
| Gerard Rennick Queensland | Yes | |
| Linda Reynolds WA | Yes | |
| Anne Ruston SA | Yes | |
| Paul Scarr Queensland | Yes | |
| Dave Sharma NSW | Yes | |
| Dean Smith WA | Yes | |
| Simon Birmingham SA | Absent | |
| David Fawcett SA | Absent | |
| James Paterson Victoria | Absent | |
| National Party (25% turnout) | 1 Yes – 0 No | |
| Perin Davey NSW | Yes | |
| Ross Cadell NSW | Absent | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (0% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Sue Lines WA President | No | |
| Ralph Babet Victoria United Australia Party | Yes | |
| Totals (78% turnout) | 25 Yes – 34 No |
Turnout is the percentage of members eligible to vote that did vote.