Senate debates Bills

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


Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

10:43 am

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

Barbara Pocock

Barbara Pocock SA, Australian Greens

10:46 am

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".

Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

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

Jacqui Lambie

Jacqui Lambie Tasmania, Jacqui Lambie Network

10:50 am

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".

Murray Watt

Murray Watt Queensland, Australian Labor Party, Minister for the Environment and Water

I don't think we've seen it.

Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

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

Jacqui Lambie

Jacqui Lambie Tasmania, Jacqui Lambie Network

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.

Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

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

Jacqui Lambie

Jacqui Lambie Tasmania, Jacqui Lambie Network

That is correct.

Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

Murray Watt

Murray Watt Queensland, Australian Labor Party, Minister for the Environment and Water

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.

Dave Sharma

Dave Sharma NSW, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury

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.