Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I move:

That the Senate—

  (a)   notes findings by Fair Work Australia that Mr Craig Thomson misused Health Services Union members' funds for sexual services, personal travel and entertainment and to secure a seat in the Federal Parliament; and

  (b)   condemns the misuse of union members' funds as found by Fair Work Australia.

Penny Wright (SA, Australian Greens) Share this | Link to this | Hansard source

Mr Deputy President, I seek leave to move an amendment to the motion.

Leave not granted.

John Hogg (President) Share this | Link to this | Hansard source

The question is that the motion moved by Senator Abetz be agreed to.

The Senate divided. [15:49]

(The President—Senator Hogg)

Question negatived.

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

Mr Deputy President, I seek leave to make a brief statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for two minutes.

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

Thank you. The government have been consistent in our approach to the Fair Work Australia investigations into the Health Services Union. It is our position that all registered organisations, whether trade unions or employer associations, should not misuse the money of their members for any reason—full stop. We consistently stated our view that the Fair Work Australia investigations must be allowed to conclude without political interference, that Fair Work Australia is an institution independent—I stress 'independent'—of the executive and we did not resile from the fact that the reports into the Health Services Union Victoria No.1 Branch and the national office contained serious and disturbing material, which we have said should be tested in the courts.

Those opposite have tied themselves in knots and repeatedly contradicted themselves in an unedifying spectacle of amateurish politicking. They accused us of political interference but then called for us to intervene.

Mathias Cormann (WA, Liberal Party, Shadow Assistant Treasurer) Share this | Link to this | Hansard source

Mr Deputy President, I rise on a point of order. The minister's statement is not consistent with the standing order requirement as far as brief statements is concerned. I refer to previous rulings in relation to this.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Yes, I will draw the minister's attention to the Procedure Committee report that indicated that statements should be just by way of explanation rather than by way of debate. You are moving very close to the way of debate, Senator Collins. I draw your attention to what is left on the clock and the statement I have just made.

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

Thank you, Mr Deputy President. I am seeking to explain some of the context and the facts in this matter. The opposition accused Fair Work Australia of being part of a political conspiracy but then praised the reports that were released as thorough, respected and methodical. But they misrepresented the content, as explained by the amendment that was moved with this motion. They have fallen over themselves raising pseudolegal arguments to criticise the actions of the general manager, but then refused to acknowledge the basic principle at stake here—and that is that allegations like these must be tested and determined in the courts.

Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Mr Deputy President, I seek leave to make a brief statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for two minutes.

Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I thank the Senate. The Greens-ALP alliance have just voted against a motion that was as innocuous as 'noting' the findings by Fair Work Australia that Mr Craig Thomson misused Health Services Union members' funds and 'condemns' the misuse of union members' funds as found by Fair Work Australia.

Can I clear up an issue: Fair Work Australia are empowered to make findings. Indeed, their report talks about findings—181 separate findings and then, when one reads through the legislation, section 336, following, it says:

… If, at the conclusion of an investigation, the General Manager is satisfied that the reporting unit concerned has contravened—

certain matters, then the 'General Manager' may do a number of things, and then it states that the 'reporting unit must comply'. So this is not a situationof allegations only being made by Fair Work Australia; Fair Work Australia has made findings. We did not ask the Senate to agree with the findings; all we did, very innocuously, was say 'note' the findings. The fact the Greens-ALP alliance cannot bring themselves to 'note' the findings tells us everything we need to know about the Greens-ALP alliance deliberately seeking to cover for Mr Craig Thomson, the member for Dobell. To refuse to 'note' is completely and utterly unacceptable and is indicative of the game the Greens-ALP alliance are playing with this very importantpublic interest matter.

Penny Wright (SA, Australian Greens) Share this | Link to this | Hansard source

Mr Deputy President, I seek leave to make a short statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for two minutes.

Penny Wright (SA, Australian Greens) Share this | Link to this | Hansard source

Thank you, Mr Deputy President. I must say that the term, or the expression, or the description 'innocuous' is not one that readily springs to mind when I think about Senator Abetz. He may indeed be suggesting that it was an innocuous motion that was put before the Senate today, but I would like to place on the record the amendment that I sought to move, which I think was truly innocuous and actually appropriate in terms of looking at the way the law should be dealing with this particular unfortunate incident that we are all aware of. The amendment that was sought to be put to the chamber today was that the Senate 'reaffirms that union members' funds should only be spent in pursuit of the advancement of union members' interests'—and that is exceedingly clear to everybody who has been watching this tale.

The second part of the amendment supported 'enshrining in federal law high standards of accountability for the expenditure of union members' funds', and I do not think anybody could possibly disagree with that proposal. I disagree with any logic and any consistency in opposing that proposal, although that actually has been disagreed with today by the coalition, who voted against the amendment.

Finally, the amendment sought to note:

… that the role of Fair Work Australia is to investigate any allegations of breaches of the Fair Work (Registered Organisations) Act 2009 and that it is then the role of courts—

and it is the proper role in a democracy—

to make findings as to whether those allegations are proven.

Unfortunately, the coalition could not bring themselves to support what I think was truly a reliable, logical and innocuous amendment to what was a very political motion moved today. Thank you.