SenateDivision 1 · 28 Aug 2025

Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Fair Work Commission's discretion

Not passed25 aye · 34 no

What this vote was about

The majority voted against the amendment on sheet 3408, which was moved by NSW Senator Maria Kovacic (Liberal). This means the amendment failed. It related to retaining the Fair Work Commission's discretion to approve award variations.

Amendment text

(1) Schedule 1, item 1, page 3 (lines 6 to 20), omit section 135A, substitute:

135A Special provisions relating to penalty rates and overtime rates

(1) In exercising its powers under this Part to make, vary or revoke modern awards, the FWC must be satisfied that:

(a) the rate of a penalty rate or an overtime rate that employees are entitled to receive under the modern award is not reduced; and

(b) modern awards do not include terms that substitute employees' entitlements to receive penalty rates or overtime rates where those terms would have the effect of reducing the additional remuneration referred to in paragraph 134(1)(da) that an affected employee would otherwise receive under the modern award.

(2) Subsection (1) does not apply when the FWC exercises powers under this Part pursuant to:

(a) section 144 (flexibility terms); or

(b) section 160 (which deals with variation to remove ambiguities or correct errors); or

(c) paragraph 157(3)(a) (own initiative).

(3) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms existed immediately prior to commencement of subsection (1).

(4) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms are expressed to apply only to a small business employer.

(5) Subsection (1) does not limit the FWC's ability to make a determination to vary a modern award where the determination is made:

(a) to ensure that awards are operating effectively by addressing any anomaly or technical irregularity in the award arising from either the making of the award or past variations to it; or

(b) as an outcome of proceedings commenced by the FWC of its own motion if the FWC is satisfied it is necessary to achieve the modern awards objective and compliance with section 138, or

(c) following the FWC being satisfied that the variation is fair to employees and that it would:

(i) improve productivity; or

(ii) promote employment opportunities or the participation of employees in paid work; or

(iii) assist employees to balance their work and family commitments.

Context written by They Vote For You volunteers (ODbL), reproduced unchanged.

Committee of the whole: The Senate examines a bill in detail as a committee of the whole. Divisions at this stage decide specific amendments to the bill's text.

Related bills

Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025

By party

Party	Aye	No
Australian Labor Party	0	23
Liberal–National Coalition	20	0
Australian Greens	0	11
Pauline Hanson's One Nation	3	0
Jacqui Lambie Network	1	0
Independent	1	0

Every vote

Other divisions this sitting day

What the Senate divided on around this vote, in order.

28 Aug 2025Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Small business exclusionSenate 26–33
28 Aug 2025Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Regulation impact statementSenate 27–32
28 Aug 2025Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Flexible working arrangementsSenate 12–29
28 Aug 2025Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 - in Committee - Mandatory terms must be not less favourableSenate 13–30
28 Aug 2025Committees — Selection of Bills Committee; ReportSenate 11–27
28 Aug 2025Committees — Finance and Public Administration References Committee; ReferenceSenate 27–33
28 Aug 2025Documents — Department of FinanceSenate 37–23
28 Aug 2025Documents — Covid-19; Order for the Production of DocumentsSenate 26–33
28 Aug 2025Budget — Consideration by Estimates CommitteesSenate 34–25
28 Aug 2025Budget — Consideration by Estimates CommitteesSenate 25–32