Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

My question is for the Minister for Employment, Senator Cash. Will the minister advise the Senate of any further alleged breaches of workplace laws in the construction sector?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Yes I can. I am disappointed to advise the Senate that there are yet again court proceedings alleging further industrial contraventions by CFMEU officials. Documents filed in the Federal Circuit Court allege that 13 CFMEU officials from New South Wales—

Opposition Senators:

Opposition senators interjecting—

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

including National Secretary Michael O'Connor, and State Secretary Brian Parker—

Senator Kim Carr interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my left!

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

ran an orchestrated series of unlawful blockades against a Sydney concrete pumping firm, in 2015. One of the union officials accused of participating in this orchestrated action is union organiser Luke Collier, who worked for the CFMEU in Queensland, New South Wales and Western Australia, and, as was revealed at Senate estimates recently, is serving a three-month jail sentence for assault. I also note that Brian Parker has been referred to authorities by the Heydon royal commission, for civil and criminal contraventions. The alleged unlawful action occurred at the Barangaroo project site and at a second site at Harold Park in Sydney. The Fair Work Building Commission alleges that the dispute arose when a concrete pumping firm rejected the CFMEU's EBA proposal, as it was entitled to do.

Since the Australian Building and Construction Commission was abolished, the findings of dozens of court cases illustrate that history was quick to repeat itself and the flagrant disregard of industrial law is as common as ever. The long list of unsavoury actions includes physical and verbal violence, threats, intimidation, abuse of rights of entry permits, secondary boycotts, breaches of fiduciary duty and contempt of court. When the laws are not strong enough to act as a deterrent something needs to be done.

Honourable senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Senators on my left and my right, order! Senator Cameron and Senator Heffernan. Order!

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister inform the Senate what is alleged to have occurred at the Barangaroo site?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Yes, I can. As part of the bargaining, some employees took protected industrial action, as they were entitled to do. As we know, this is part of the lawful process.

Senator Kim Carr interjecting—

The CFMEU, however, allegedly prevented subcontractors engaged by the concrete firm from carrying out their lawful work. The Fair Work Building Commission alleges that workers trying to get to work were verbally abused and called 'effing scabs' and 'filthy dogs'. There are also allegations that Brian Parker, the CFMEU state secretary, repeatedly used his vehicle to block access to a concrete pump on the Harold Park site. We on this side of the chamber believe that workers should be free to go to work, to their workplace, without being subjected to threats, bullying or intimidation.

Opposition senators interjecting—

Sadly, and given all of the interjections, that is clearly not the view of those on the other side, who refuse to stand up to bullying. (Time expired)

Honourable senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order! Senator Heffernan!

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Can the minister advise the Senate if there are any other recent cases of unlawfulness on the part of the construction and general division of the CFMEU?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

There are unfortunately—again, including the proceedings that have now been commenced—currently 81 CFMEU representatives before the courts around Australia and many of these 81 representatives represent the highest levels of union leadership. The list of 81 includes Michael O'Connor, two divisional presidents, four state secretaries, one national secretary, seven assistant state secretaries, and the list goes on. The courts have imposed almost $7 million in penalties on the CFMEU. The CFMEU is a respondent in 53 matters currently before the courts. The systemic unlawfulness in the construction and general division of the CFMEU clearly demonstrates that the current penalties are seen as nothing more and nothing less than the cost of doing business. This must stop.