Cory Bernardi (SA, Liberal Party) Share this | Link to this | Hansard source

My question is to the acting Leader of the Government in the Senate and the Attorney-General, Senator Brandis. Can the Attorney-General please update—

Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

You got the email too?

Cory Bernardi (SA, Liberal Party) Share this | Link to this | Hansard source

You will be hanging your head in shame in a moment, Senator Cameron. Can the Attorney-General update the Senate on recent penalties imposed by courts in relation to cases of union misbehaviour and thuggery?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I can, and regrettably there have been more recent findings by courts, particularly the Federal Court, into union misbehaviour and thuggery than I can deal with in two minutes. For example, in April the Federal Court was dealing with a matter involving the CFMEU. Justice Tracey imposed a fine of $43,000 on CFMEU officials for unlawful and coercive behaviour, one instance of which was constituted by a CFMEU official abusing a person in the workplace in obscene language and threatening to blockade all of that company's sites. In another recent case, from Adelaide, there was footage of a CFMEU official berating a Fair Work Commission official who attended the site. Justice White of the Federal Court found—these are His Honour's words, not mine—that the CFMEU official's:

… stance and manner was provocative, bullying and intimidating. It is evident that he sought to belittle and humiliate …

As recently as last Friday, Justice Logan, in the Federal Court in Brisbane, penalised the CFMEU and CFMEU officials a total of $540,000 for unlawful behaviour at the construction site of housing for the long-term homeless in Queensland. Justice Logan called out the CFMEU's outrageous disregard of the law and reiterated the comments of other judges and Royal Commissioner Cole in condemning the union's attitude to the law. In May last year, Justice Tracey again, in separate Federal Court proceedings, found that the CFMEU had brazenly broken the law in trying to pressure Hazell Bros Group to sign its EBA. I could go on. I have pages and pages of instances. (Time expired)

Cory Bernardi (SA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I thank the Attorney-General for that enlightenment, and I ask if he would inform the Senate of the maximum civil penalty that currently applies for unlawful industrial contraventions in the building industry and the maximum penalties that previously applied under the ABCC legislation, and how they compare to civil penalties for corporate wrongdoing.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

It is a very pertinent question, if I may say so, Senator Bernardi. When the Labor Party abolished the ABCC in 2012, it reduced the maximum penalty for breaking the law by more than two-thirds. The maximum for a corporation or union went from 1,000 penalty units down to 300 penalty units. At the time, this was a drop from $110,000 for contravention of the law to only $33,000. These lower penalties are now even less effective as a deterrent to stop rogue union officials—particularly but not only from the CFMEU—breaking the law. That is why our government is committed to reinstating the maximum penalties a court can impose for breaches back to a maximum of 1,000 penalty units—which is currently up to $170,000 in the case of a corporation, by the way.

Cory Bernardi (SA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. I again thank the Attorney for that information. Given the extent of the intimidation, violence and unlawful coercion in the building and construction industry, can the Attorney-General advise the Senate what the government is actually doing to address this problem?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Thank you, Senator Bernardi—again, a very relevant question. As I have just told you, we are committed to reinstating a penalty regime that has teeth. We are dealing with this problem, but we do not have a solution, because we cannot get our solution through the Senate. It is up to the Senate to pass legislation to re-establish the ABCC, to bring back an effective regulator which has appropriate powers to enforce laws, and to amend the act to reinstate the meaningful penalties—the penalties with some deterrent impact—which the Labor Party will not allow us to reinstate. We believe, Senator Bernardi, as I know you do, that union officials should advocate for their members, but we also believe that that should be done lawfully. We believe it should be done lawfully and, when there is a serial pattern of conduct of disregard and contempt for the law, it is up to this legislature to deal with it.