Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, my question is to the Minister for Employment, Senator Cash. I refer to the minister's previous answer in the Senate yesterday that:

… what occurred on the MV Portland, that is a matter for the company—nothing more and nothing less.

If what occurred on the MV Portland is a matter for the company, why were the minister's department and the minister's office given advanced notice of the plan to replace the Australian crew of the vessel with a foreign crew?

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

I thank Senator Sterle for his question. Yesterday in question time, Senator Sterle referred to Senate estimates Hansard,so I assume the senator has read the Hansard. In saying that, he would then know that it is normal practice for the department to be notified of such industrial disputes. It would have happened under the former government and it happens under this government. By way of an FYI text, my office, but a few hours before, were also notified of the action.

Senator Sterle would also know, if he read the estimates Hansard,that Senator Lines asked:

Did they advise you that they would forcibly remove the crew?

And the secretary of the department replied:

No, and I do not understand that they did forcibly remove the crew. There was no mention of force.

Opposition Senators:

Opposition senators interjecting—

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

So, Senator Sterle, again I stand here gobsmacked that members of the Labor Party come in here to defend the actions of the militant Maritime Union of Australia, bearing in mind that the context in which this all occurred was that there were three orders—two from the Fair Work Commission and one from the Federal Court—that had said to these five employees, 'Stop your unlawful industrial action,' and they refused to. Senator Sterle, no-one in this place and no-one in the wider community gets to pick and choose which orders of a commission or a court they comply with. The law is the law. And in this case the law found against the MUA and the five members on the ship, it told them to end their unlawful industrial action and they refused to.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I note the minister's failure to answer my question yesterday, so I ask again: when was the minister first aware that the company proposed to use security guards to remove Australian workers from the MV Portland?

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

Again, Senator Sterle referred to the Hansard from estimates yesterday, so again I assume, in referring to the Hansard, Senator Sterle has read the Hansard. I responded to a question asked by Senator Lines:

… did somebody tell you this was happening?

I said:

No, they did not. I found out the next morning when I saw it in the news.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Unfortunately, I did not get an answer, so I will ask again through you, Mr President. I note the minister's failure to answer, so here we go again: when was the minister first aware that the company proposed to use security guards, and does she support the use of security guards to forcibly remove Australian workers from their place of work?

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

Yes, I did answer the question. I found out about the security guards the following day when I read about it in the newspaper. In terms of whether I support the actions of the company in removing the five MUA members from the ship, whether it is unions or whether it is the employer—whether it is anybody—I support that, if a court or an industrial commission makes an order determining that you do something, you should do that. In this case, it was two Fair Work Commission orders plus an order from the Federal Court telling the MUA that these people should stop their unlawful industrial action. They refused to and, in doing so, I will just remind senators, there were 12 other Australian seafarers who were not MUA members and were not refusing to sail who were also made to stay on the ship. (Time expired)