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

I trust Ms Allison will enjoy this question. My question is to the Minister representing the Minister for Employment and Workplace Relations, and former CFMEU industrial officer, Senator Wong. Will the minister advise the Senate whether Mr John Setka of the CFMEU—a person with a long history of illegal behaviour, at least 60 criminal convictions, and a man that Mick Gatto, the well-known 'industrial mediator', claims to be a close mate—is in the government's view a fit and proper person to be a union leader, especially under the Fair Work Act?

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I am flattered that Senator Abetz is so interested in my work history of a couple of decades ago.

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

You were very young at the time—very, very young!

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I was much younger. I did not have grey hair—that is how long ago it was, Senator.

Bob Carr (NSW, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

That's before you worked for the Carr government!

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

That was before I worked for the Carr government—that is true. But enough of my biography, Mr President; it is not that interesting. I also want to acknowledge that this is, I think, the second question this year from the good senator on industrial relations. It is clearly an issue he wants to talk so much about! Who could have forgotten his stellar performance in the last federal election campaign, where he came out and made clear that the opposition would actually go back to WorkChoices in the first few days and then was sin-binned for the rest of the election? I discern in the question that this relates to the Grocon dispute.

Honourable senators interjecting—

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

Order! Just address the question, Senator Wong. Ignore the interjections.

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I think this relates to the Grocon dispute. I am not quite sure if that is the case, from all the rhetoric in the question, but I think that is right. I am going to be clear, as Mr Shorten has been, that the government has condemned any violence or intimidation anywhere and at Grocon sites and has called for all parties to obey orders of the police and Supreme Court. The government is, as Mr Shorten has made clear, pleased there was a return to work. We note that Supreme Court proceedings initiated by Grocon are ongoing and we await judgement. I am advised it is not appropriate at this stage to comment on those proceedings. I am also advised that civil proceedings commenced in the Federal Court of Australia on 5 October 2012 against the CFMEU and 10 individuals. I am also— (Time expired)

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

Mr President, I ask a supplementary question. We are still to find out whether he is a fit and proper person in the minister's view, but will the minister confirm that the Fair Work Building Industry Inspectorate has recently lodged proceedings against the CFMEU and Mr Setka for unlawful industrial action. Will the minister also confirm that, as a result of recent Greens-inspired amendments, the Fair Work Building Industry Inspectorate will be required to discontinue those proceedings regardless of the gravity of the unlawful actions if the dispute is privately settled?

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I suspect some of that might be asking me for a legal opinion and I am sure that 'his honour from behind' might be willing to pontificate about it, if he were asked by his leader. The advice I do have—

Honourable Senators:

Honourable senators interjecting—

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

Order! Order on both sides. Silence.

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I will get some more advice for the senator if I can. I understand that the question is whether or not amendments to the Fair Work (Building Industry) legislation could stop the FWBC from prosecuting the CFMEU. The advice I have is no. The government amendments to the Fair Work (Building Industry) legislation were designed to ensure FWBC resources were not spent on matters where there was litigation on foot and that litigation had been discontinued by the parties. I am advised that Grocon had not commenced any proceedings within the jurisdiction of the FWBC. (Time expired)

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

Mr President, I ask a further supplementary question. Does the minister acknowledge that the recent surge in militancy by her former union, the CFMEU, is directly linked to the Green-Labor alliance decision to abolish the Australian Building and Construction Commission? Was the motivation to abolish the commission based on the CFMEU's $1.7 million donation to the Australian Labor Party and the $30,000 donation to the Australian Greens?

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I think this is just yet another rant from Senator Abetz about the building industry.

Senator Abetz interjecting—

I am responding to the question, Senator. I have been in this chamber long enough, including on the Work Choices debate—

Senator Abetz interjecting—

That is just petty. I have been in this chamber long enough, including on the Work Choices debate, which Senator Abetz was so proud to lead on behalf of the Howard government. Oh, I remember the hours in here!

I am advised that Fair Work Building and Construction has extensive investigation and prosecution powers regarding breaches of industrial law, the capacity to use coercive powers and the capacity to seek imposition of significant penalties and the recovery of economic loss. In that context, I do not agree with the proposition in the question that Senator Abetz put to me about the abolition of the ABCC.