Stuart Robert (Fadden, Liberal Party) Share this | Link to this | Hansard source

My question is to the Treasurer. Can the Treasurer update the House on any recently initiated actions regarding cartel conduct in the construction industry?

Scott Morrison (Cook, Liberal Party, Treasurer) Share this | Link to this | Hansard source

I thank the member for his question. I can advise the House that the ACCC has advised that criminal charges have been laid against the Construction, Forestry, Maritime, Mining and Energy Union and its ACT divisional branch secretary, Jason O'Mara, in relation to alleged cartel conduct. The statement says:

"The CFMMEU and Mr O’Mara are each charged with attempting to induce suppliers of steelfixing services and scaffolding services to reach cartel contracts, arrangements or understandings containing cartel provisions in relation to services provided to builders in the ACT in 2012 to 2013" …

"These charges follow a joint investigation between the ACCC and the Australian Federal Police (AFP) as part of the AFP’s role in coordinating and contributing to the Joint Police Task Force following the Royal Commission into Trade Union Governance and Corruption"—

which those opposite will be very familiar with. It continues:

The charges are being prosecuted by the Commonwealth Director of Public Prosecutions (CDPP).

The first mention of the charges before the ACT Magistrates Court is scheduled for 27 September 2018.

I am reading from the ACCC's media statement. I'd be happy to table it for you in a written form. You may want to read it; you may want to be advised of it. What does it take for the Labor Party to stop taking money from the CFMMEU? Some $2.4 million in donations have been funnelled to the Labor Party under this Leader of the Opposition, and some $11 million or thereabouts over their period of time. What does it take for the Labor Party to say to the CFMMEU: 'No more money for us. We're over your criminal and corrupt and thuggish and bullish conduct'? They've got to stop giving awards to these thugs and they should be supporting the government in ensuring they're prosecuted by the courts. This is a Labor leader who is so weak-kneed when it comes to the union movement, he makes Dan Andrews look like a corruption fighter—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Treasurer will resume his seat. The member for Grayndler, on a point of order.

Anthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Tourism) Share this | Link to this | Hansard source

The Treasurer, in his answer, began by outlining in great detail that a matter was before the courts. He has then proceeded to prejudice matters that are before the courts with his comments.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I want to rule on the point of order. I've got to say that, as I was listening to the answer, I was becoming concerned. The Practice writes up the approach to sub judice, and there's a scale, depending on whether something's before the court, whether there's a jury and what stage it's at. I'm not aware of, obviously, all of the details of every case and what stages they're at, but certainly, when it comes to criminal matters, the Practice makes it very clear that those matters are more high risk. I've just cautioned the Treasurer because there's a long history on the sub judice rule on these matters.

Scott Morrison (Cook, Liberal Party, Treasurer) Share this | Link to this | Hansard source

Thank you, Mr Speaker, and I agree, obviously, with your ruling because the Labor Party seems to think that this is the only matter the CFMEU have ever been involved with. My comments in relation to the broader activities and the other activities of the CFMEU should have been reason enough for the Labor Party to turn its back on that thuggish bunch of crooks that occupy the CFMEU. But, instead of doing that, what this mob over there do is they move their wheelbarrow into the money!

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Treasurer will resume his seat. I'm going to hear the Manager of Opposition Business.

Mr Tony Burke (Watson, Australian Labor Party, Manager of Opposition Business (House)) Share this | Link to this | Hansard source

In relation to the earlier point of order: if the Treasurer hadn't crossed the line at that point, I would suggest that he well and truly has now.

Honourable members interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

Members will cease interjecting! The member for Grayndler's made his point of order. The Manager of Opposition Business is now making his. I don't need stereo on the subject.

Mr Tony Burke (Watson, Australian Labor Party, Manager of Opposition Business (House)) Share this | Link to this | Hansard source

If the principle of the words of Practice is meant to be that we don't prejudice cases, when he begins by referring to someone having been charged and then starts invoking words like 'crooks', it's a bit hard to see how the Treasurer is doing anything other than trying to prejudice a case.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I think we'll just move to the next question. I think that would be the most prudent thing to do.