Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the minister for workplace relations. I remind the minister that both the New South Wales and Victoria police have sought the cooperation of Fair Work Australia in their investigations of the Health Services Union. Given the gravity of these allegations and the fact that the Fair Work Australia investigation is now in its fourth year, will he act under section 655(2) of the Fair Work Act to direct the President of Fair Work Australia to cooperate with the police investigations?

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

I would like to thank the deputy opposition leader for her question and remind her that tens of thousands of people in her electorate are going to get more super if we get our laws through. In detail as to her specific question, Fair Work Australia is independent. It is independent and the investigation is independent. We have repeatedly said up hill and down dale that we will neither interfere in the investigation nor pre-empt the findings. The desire of the opposition to have us interfere—

Honourable members interjecting—

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The minister will pause for a moment. The House will listen to the minister in silence.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

Indeed it has been confirmed by Fair Work Australia, at a Senate estimates committee, that there has been no political interference. Of course, agencies should always cooperate. Where this is possible and permitted by applicable legislation they should, and I have sought advice from my department about what in the Fair Work Act might impact upon Fair Work Australia's advice and the advice confirms that this is entirely a matter for the general manager to consider and weigh up in exercising her functions, because it is independent. Now where do her powers stem from? They stem from the current Fair Work Act.

Opposition members interjecting—

Yes, that is right: it was our act. But we took into our act directly the sections which cover this matter—

Opposition members interjecting—

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The minister will pause. The honourable member for Mayo will remove himself from the chamber under the provisions of standing order 94(a). I have directed from the chair that the minister will be heard in silence for the duration of his answer.

The member for Mayo then left the chamber.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

So, having confirmed that Fair Work Australia is independent and that the investigation is independent, I have been asked about sections of the legislation. The sections of the legislation which govern this investigation are, of course, in the Fair Work Act. But what the House may not be aware of is that these parts of the Fair Work Act were taken exactly from the previous legislation, the Workplace Relations Act.

Mrs Bronwyn Bishop interjecting—

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The honourable member for Mackellar will remove herself under the provisions of standing order 94(a). She interjected after I said the House will listen to the minister in silence.

The member for M ackellar then left the chamber.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

So the sections which currently govern these actions were lifted from the Workplace Relations Act. What members of the House may not be aware of, when they complain about the sections of the act and about the government, is who actually introduced and drafted the sections which the general manager now functions under. Let me tell you, you do not have to look far to find out who drafted these sections. You do not need to be in a guessing game in 2002; it was Tony Abbott, the then minister for industrial relations.

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The minister will resume his seat. The Deputy Leader of the Opposition?

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Mr Speaker, the question was about the President of Fair Work Australia, not the general manager, and section 655(2) specifically; he has not addressed that.

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The minister will direct his attention to the question. The minister has the call and he will be directly relevant.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

In fact, what the Deputy Leader of the Opposition missed—I do not know why that is the case, but I am happy to help here—is section 583 of the Fair Work Act. Again, yes.

Joe Hockey (North Sydney, Liberal Party, Shadow Treasurer) Share this | Link to this | Hansard source

No, no.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

That is all they can yell out: 'No.'

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The honourable member for North Sydney will remove himself from the chamber under the provisions of standing order 94(a).

The member for North Sydney then left the chamber.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

They do not like the truth when they are about to hear it, and they know what is coming, don't they—yes, they do. The president is not subject to direction on behalf of the Commonwealth.

Opposition members interjecting—

Peter Slipper (Speaker) Share this | Link to this | Hansard source

The minister will pause. I repeat that I have instructed that the minister will be heard in silence. The minister will be heard in silence for the remaining two seconds.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

They are your sections and, if you are not happy, you should have done something when you were in power. (Time expired)