Senate debates

Wednesday, 27 August 2025

Bills

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

10:43 am

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

The question is that the second reading amendment moved by Senator Kovacic be agreed to.

10:46 am

Photo of Barbara PocockBarbara Pocock (SA, Australian Greens) Share this | | Hansard source

I move the second reading amendment standing in my name on sheet 3411:

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) reforms to work from home arrangements are long overdue,

(ii) all employees should have the right to work from home for up to two days a week where practical; and

(b) calls on the Government to legislate a right to work from home which provides that:

(i) all employees have the right to request work from home arrangements for up to two days a week,

(ii) employers are required to positively consider such requests and may only refuse a request if it would make the performance of the inherent requirements of the role seriously impractical or impossible, and

(iii) employers are required to take into account any reasonable adjustments that could be made before refusing the request".

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

The question is that the second reading amendment moved by Senator Pocock be agreed to.

10:50 am

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I seek leave to make a short statement.

Leave granted.

I move:

At the end of the motion, add ", but the Senate notes that:

(a) the Labor Government has broken its promise to review and standardise the definition of small and medium business across legislation, creating ongoing confusion for industry and adding to compliance burdens; and

(b) small businesses continue to face significant financial pressures, and that a lower company tax rate of 15 per cent for small businesses would provide meaningful relief, strengthen viability, and encourage job creation".

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for the Environment and Water) Share this | | Hansard source

I don't think we've seen it.

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

Senator Lambie, I don't believe that amendment has been circulated. Can you explain the terms of that amendment?

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I certainly will. Senator Pocock and I were promised, nearly a year and a half ago now, that we would have a statement from the government saying exactly what a small business is—whether that's 20 people, 25 people. That was an agreement that was done between us and the government. They have failed to enact that agreement. That's the first thing. The second thing is that small business is doing it extremely difficult. I will ask you again to drop the tax rate from 25 per cent to 15 per cent. That is what that's about—which you've done nothing about.

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

Senator Lambie, you are moving the amendment in your name on sheet 3421. Is that correct?

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

That is correct.

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

Senator Watt?

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for the Environment and Water) Share this | | Hansard source

A point of order, I'm sure it was inadvertent, but this amendment has literally just been put before our eyes now. Can we just get a little bit of advice procedurally about whether it can be considered? I genuinely don't know the answer to that.

Photo of Dave SharmaDave Sharma (NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | | Hansard source

Yes, of course. Let me consult the clerks. Senator Watt, the advice is that, as Senator Lambie was given leave to move this amendment, we are able to consider it. The amendment is now before you on sheet 3421.

The question is that the second reading amendment moved by Senator Lambie on sheet 3421 be agreed to.