David Johnston (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the Minister for Employment, Senator Cash. Is the minister aware of any incidents of workplace harassment and bullying within the building and construction industry?

Opposition Senators:

Opposition senators 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

I thank Senator Johnston for his question. Unfortunately, yes, I can, Senator Johnston. Many would know that the trade union royal commission found there was a culture of wilful defiance of the law which appears to lie at the heart of the CFMEU

There are numerous examples highlighting this culture. For example, in the Federal Court decision last year the court revealed disturbing examples of this type of conduct in the Melbourne Grocon dispute. A witness, a man who decided not to take part in the blockade, told the court that John Setka, the CFMEU's state secretary, and other CFMEU representatives pushed him into an alleyway and pinned him against a wall. He then told him, 'Shut up,' and that if he didn't shut up that he would shut him up permanently.

The Federal Court also heard that workers trying to get to work had insults hurled at them by CFMEU members, including comments such as 'scabs', 'dogs', 'scum', 'rats', 'f-ing bastard' and worse, including, 'You're f-ing going to die', 'You're going to cop it', and 'I'm going to kill your family.' In another case, two Fair Work inspectors visited a construction site in Adelaide. CFMEU official John Perkovic approached, stood directly in front of the inspector and pushed him, and stated as follows:

You f***ing maggot, what are you taking a photo of me for, you piece of s**t?

You f***ing coward. I'd f***ing take you to school, you f***ing piece of s**t.

You f***ing piece of s**t, you're going to have a heart attack.

Opposition Senators:

Opposition senators interjecting—

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

I stand in this place and I am astounded that those on the other side cannot at least sit there in silence and hang their heads in shame, because if anyone on this side said that to one of those people on the other side all hell would break loose in this place. (Time expired)

David Johnston (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Minister, what type of impact does this behaviour have on productivity in the building and construction industry?

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

Thank you, Mr President. Unfortunately, the behaviour does have an impact not just on those workers who are subjected to this type of behaviour—but I do remind senators that the shadow minister does say, 'It's just a rough and tough industry'—but, unfortunately, for all Australians, because it impacts on productivity. Data from the ABS showed that from 2004 to 2005, when the ABCC commenced its work, to its final year of operation the labour productivity index for the construction industry rose significantly across a number of key indicators. In terms of the rate of disputes in the construction industry, they dropped to twice the all-industry's average. At the same time, long project delays were dramatically reduced. The Gillard government, courtesy of those on the other side, then abolishes the ABCC, and what happens? The rate of disputes rises to four times the all-industry's average. Clearly, the ABCC was doing its job. (Time expired)

David Johnston (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Does the minister believe that the laws that are currently in place are sufficient to act as a deterrent?

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

The simple answer to that question is no. Why? Because the ongoing pattern of behaviour clearly suggests that they are not. Since the ABCC was abolished—again, courtesy of those on the other side—the findings of dozens and dozens of court cases show that history was quick to repeat itself and the flagrant disregard for industrial law is now as common as ever. Two royal commissions—the Cole royal commission and now the Heydon royal commission—have now identified systemic unlawful behaviour in the construction industry by the CFMEU. The Federal Court of Australia has gone so far as to ask, referring to the CFMEU:

Has there ever been a worse recidivist in the history of the common law?

When the laws are not strong enough to deter unlawful behaviour, something needs to be done.