Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I seek leave to move a motion relating to the Australian Greens and the CFMEU, as has been circulated in the chamber.

Leave not granted.

Pursuant to contingent notice standing in my name, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter—namely, a motion to allow a motion relating to the Australian Greens and the CFMEU to be moved and determined immediately.

The motion circulated in this chamber seeks to highlight what has been a very conspicuous silence from the Australian Greens in relation to the CFMEU and seeks to draw out the position of the Australian Greens in relation to the CFMEU and particularly in relation to taking donations from the CFMEU.

The main story of the whole CFMEU saga of lawlessness, thuggery and corruption has, of course, been the absolute failings within the CFMEU, the damage it's caused to the building and construction industry, and, of course, the shameful neglect of the Labor Party over the years in relation to their engagement with their partner, in the CFMEU. But underneath that main story there has been a subplot, and that subplot is the tale of the magical missing Australian Greens. Maybe the magical missing Australian Greens are on some of their magic mushrooms or the like. But the reality is: the Greens have been suspiciously, conspicuously, totally absent from the debate about the CFMEU, and I move this motion to really present the question of why: Why have the Greens checked themselves out of this debate? What is their real position? Why the silence from the Greens? Why won't they stand up to union thuggery? Why won't they stand up to union corruption? Why won't the Greens stand up to union lawlessness? What is it that the Greens are hiding in their silence?

The Greens have long lined up with Labor to oppose tackling corruption and problems in the construction industry. The Greens were there opposing the establishment of the Australian Building and Construction Commission. The Greens were there opposing the establishment of the Registered Organisations Commission. The Greens were there opposing and, tragically, defeating the ensuring integrity legislation brought to this parliament. So the Greens have been there at every step of the way, blocking every single effort to try to hold corruption, lawlessness and thuggery in the union movement to account. The Greens have been there every step of the way in that regard. Of course, if they hadn't been and if they had engaged constructively on these issues over the years, then the CFMEU, its members, Australia's building and construction industry and Australia's productivity would not be facing the same sorts of problems today as we are, because of the opposition of Labor and the Greens acting in concert to stymie any and all action.

But all of that opposition over the years that we'd been accustomed to—seeing the Greens and Labor sidle up on these matters—has gone from bad to worse through the course of this last year in particular. We saw in relation to the demerger legislation that passed through this parliament, with the government and the opposition working to pass that demerger legislation, that the Greens remained an obstacle to that every single step of the way—never mind those workers who had argued strongly for their rights to be able to get out of the CFMEU and to be able to get away from it. No, the Greens wanted to force them to stay in place, suspiciously blocking and delaying the demerger legislation. Now, in relation to the administration legislation, there is an effort—insufficient though we think it may be, it is at least an effort—to try to clean up the problems in the CFMEU.

From an opposition perspective, we've engaged with the government. We've negotiated amendments. Those negotiations are continuing. We want to see this legislation passed. We want to see legislation passed that is strong, gives guarantees that this administration will work, gives guarantees it will clean up the CFMEU and ensures that, when it comes to the duration of administration, the transparency of administration or political donations, these are dealt with before the legislation passes, such that we can all have confidence.

The Greens aren't part of those negotiations. Do you know how many Greens senators have spoken on the legislation to date? Absolutely none—not one of them has spoken on the legislation to date. I cannot think of another example where the Greens have been so conspicuously and so suspiciously silent. The Greens' silence leaves us all asking: Why? Do we need to follow the money trail? Where do they stand on political donations? (Time expired)

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'll indicate briefly two points. The first is that the government denied leave because we don't believe the Senate's time should continually be taken up by suspensions. We want to get on with debating legislation. I do think it's interesting that the opposition want to talk about this but not actually talk about how we might regulate the CFMEU. I hope for your sake that the delay over the weekend, which has been caused by Senator Cash's stubbornness, has not led to money being transferred that we then find out about.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

To you.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

You should withdraw that. That is an outrageous thing to say. I have been on the record for years on this issue.

Jane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | Link to this | Hansard source

We're talking about donations. What about donations?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

We have been clear on that too. The second point I would make is that the government is minded to support the motion, and I would propose to Senator Birmingham that we allow one more speaker from the government on the substance. We would allow a speaker from the Greens, and then we would put the motion to have the vote because we don't want legislative time taken up by further debate on this suspension.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

It gives me great pleasure to rise and speak to—

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

What is this?

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

I'm in the hands of the chamber.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

They had the call. The call has to be rotated. You know that, Senator McKenzie.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

I'm the leader of the party.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! Senator Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I've put a proposition to the chamber. It didn't include a further speaker from the opposition, for the reasons I've outlined. I'm suggesting a speaker on the substance from the government and the Greens, and then that the motion be put.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I understand what the Leader of the Government in the Senate is proposing in relation to the suspension motion. I seek to understand what is being proposed if the suspension motion is carried, as the Leader of the Government in the Senate seems to indicate that the government's predisposition is to allow it to pass. What is the government's position in relation to the substantive motion? Obviously, it would then be moved by the opposition. There would be—

I think, to enable the motion to pass—and have the benefit of the motion passing—that would be welcome.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

This motion is an extraordinary misrepresentation of the position adopted by the party. Rather bizarrely, the motion is being moved to prevent the second reading contribution that I'm keen to give on the bill. Rather than me being able to give a second reading contribution on the bill, we're dealing with a suspension motion. The suspension motion will then become a substantive motion. The substantive motion will then take an hour and prevent a substantive contribution to the second reading debate. Is that seriously the coalition's point? Do you want to spend the next hour preventing the second reading contribution that I want to give on the bill by saying, 'We're not giving a second reading contribution on the bill'? Who in your tactics team came up with that grand plan? No wonder there's a sea of media representatives out there—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! Through the chair, Senator Shoebridge.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

They are watching Senator Birmingham's cunning plan to prevent me speaking on a bill and saying that you want to prevent us speaking on a bill. Look at the sea of cameras waiting to see the cunning Birmingham plan, saying how you're preventing me from speaking on a bill. You want me to speak on a bill, but you don't want me to speak on the bill. And you want to have another debate after this, to prevent me from speaking on the bill. Who is the genius in the coalition party room who came up with this? All credit to you. It's probably the same genius who's giving Senator Watt the idea to respond to a substantive issue with memes. The government's response to a substantive issue, and issues of principle, is a bunch of Labor Party memes.

Let's be clear what we're not talking about here. The Greens have said, from day one, in every instance where issues of principle come before this parliament, that we will always oppose violence in the workplace and always support action to address sexism and misogyny—every single time. There are no doubt issues—and we would like to get to this discussion in the second reading debate—incredibly important and very concerning issues about union behaviour. They're absolutely, deeply concerning. But we're not talking about them now; we're talking about the Simon Birmingham double-triple pike with half belly flop into the water that you want to spend the next hour doing. This is zero points for difficulty from the judging panel for your half-triple pike attempt to prevent the matter coming on for debate—zero points for difficulty and, in fact, zero points for style or substance.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Shoebridge. Senator McKenzie, on a point of order.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

 I'm the senator that actually wanted to speak about the substantive issues in this motion, which is about the Greens' inability to land their own position, and to have Senator Shoebridge have the opportunity to state—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! Senator McKenzie, could you please get to the point of order? Was there a point of order?

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

Irrelevance.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator Shoebridge, you do have to be relevant to the suspension motion, not the substantive motion, so I would guide you to direct your comments thus.

Order, Senator McKenzie! Senator Shoebridge.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

Indeed. On suspension, the question before the house is: what should be more important, this suspension motion or the actual list of business before the house? And what's No. 1 on the list of business before the house? The very bill that the suspension motion is saying we're not speaking to. It couldn't be more important. So I thank you for your direction, Acting Deputy President, and, through that, your endorsement of the position we're taking about the Birmingham double-pike belly flop that is being proposed here.

We have said—and I would like to be in a position to say them in more detail—the very real concerns we have about the principles behind this bill. The extraordinary amount of power that has been—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator McKenzie. Senator Shoebridge?

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

The extraordinary power that's being proposed to be given to a minister of either this government or the next government over a union—and if they can do it over a union, they can do it over an NGO; if they can do it over an NGO, they can do it over any other part of civil society. Do we have issues of principle with that? Absolutely we have issues of principle and concern about that. Absolutely we do. Have we reached out to the government and offered our concerns, offered substantive amendments to have it—

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

What about the thuggery, the sexism, the bullying, the corruption? Silence from the Greens—

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Weren't you listening?

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator McKenzie. Senator Shoebridge.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

Have we done that? Absolutely. If you want to talk about donations, the Greens have not accepted a cent from the CFMEU since 2013, while millions and millions and millions of dollars have gone to Senator Watt's party. And it is only—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Shoebridge. I have Senator Birmingham on his feet. Senator McKenzie, I would like to hear what Senator Birmingham has to say. Senator Birmingham.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

On a point of order, I'd just like to invite Senator Shoebridge to finish that statement with the words, 'And nor will we.'

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Birmingham. That's not a point of order, and I think you are aware of that. Senator Shoebridge.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

So he has finished his belly flop now with a dog paddle in the pool. That's what that was—a belly flop followed by a dog paddle in the pool. It's embarrassing to watch. We have not taken a cent from the CFMEU since 2013. Senator Watt's party has taken millions and millions and millions of dollars. We have the most ethical donations—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Shoebridge. Your time has expired. Senator Watt, you have the call—

Senator Shoebridge, you will sit down when I say that your time has expired. Senator Watt, you have the call.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

As Senator Wong has outlined, we will be supporting the suspension motion and the substantive motion itself. As Senator Wong pointed out, we did deny leave to move this motion because we have an interest in getting the legislation passed as quickly as possible to enable me to make a decision on whether to put the CFMEU into administration. We very much encourage both the coalition and the Greens to support the legislation and also to stop putting up delaying tactics, like the one that we're in at the moment, so we can get onto that legislation. Having said all of that, we will be supporting the motion moved by Senator Birmingham because we do think that it is a valid question. We do think it is a valid question: why are the Greens so unwilling to support legislation that would enable the CFMEU to be put into administration? I think the answer lies, probably, in a sound, and that sound is 'cha-ching'. It's the money. It's the money that the Greens so desperately want. We know, Senator Shoebridge, that you more than anyone have been running around parliament telling everyone that you're looking forward to taking money off Labor and into the Greens' pocket. We know that.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Watt. Please direct your comments through the chair. I have two Greens senators on their feet, and I'm going to give the call to Senator Waters on a point of order.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

The point of order is: misleading the Senate. There are multiple standing orders that the minister just offended, and, as my colleague just contributed, you're the ones that have been taking the money, not us. So how very dare you make those baseless allegations? Retract them now.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Waters; I don't think that was a point of order. What was your point of order?

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

Personal reflections and falsity.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The second of those is absolutely a point of order.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Watt. I'm about to rule on the point of order. I was listening carefully. I don't think there was a reflection in there. But, Senator Watt, particularly given that you were directing your comments down the other end of the chamber, I would ask that you be careful in your language and direct your comments through the chair. Senator Waters?

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

I would like the minister to retract the last sentence, which will be on the Hansard, which I heard. Perhaps you didn't hear it—there was a lot of noise—but it was a clear and inaccurate reflection on Senator Shoebridge, and it needs to be retracted.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, Senator Waters. For the ease of the chamber, Senator Watt, would you like to withdraw?

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I withdraw the comment.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you. You have the call.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Senator Shoebridge, in his contribution, claimed that the Greens party always opposes violence—except from the CFMEU. He made the claim that the Greens party always opposes misogyny—except from the CFMEU. There's always that 'but' and that exception.

Honourable senators interjecting—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order!

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

You really don't like the truth, do you?

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Watt! Senator Waters, on a point of order?

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

He's alleging that the senator said something that he did not say. I understand the attack points, but you can't mislead the chamber.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator Waters, that's not a point of order. This is a very lively debate. Senator Watt, I've already reminded you once to direct your comments through the chair, please continue to do so. Senator Whish-Wilson, on a point of order?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The point of order Senator Waters was making was that the senator is misleading the chamber with his comment.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you for that, Senator Whish-Wilson. I have asked Senator Watt to be very mindful and careful of his comments and to direct them through the chair.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

It's got to be accurate!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

You really are hypocritical, Larissa.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! I'm not going to ask Senator Watt to keep speaking until there is silence in the chamber.

Honourable senators interjecting—

Order! Senator Watt, you have the call. Please direct your comments through the chair.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

The preciousness of the Greens—they are the party that makes their name running around bagging other people, usually Labor, but the minute they're held to account for their own actions the bleating, the points of order and the complaints come loud and clear. There's a very easy way for the Greens to demonstrate that they do oppose violence in the workplace: they could vote for our bill. There's a very easy way that they can demonstrate that they oppose misogyny in the workplace: they can vote for our bill. But they don't want to do that, and why is that? They want the money that comes from it.

The Greens say they have offered amendments. We have pointed out to them that we have provided workable solutions to each point that they have made, and it's still never enough.

Honourable senators interjecting—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! Senator Watt, please sit down. I can't hear what Senator Watt is saying, and he has a very loud and clear-cutting voice, as many in this chamber would be aware. I would like to hear Senator Watt in silence.

Order, Senator Wong! Senator Watt, you have the call.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I do thank the Greens for drawing lots more attention to this debate about the concern that they're going to take donations from the CFMEU. Thank you for drawing attention to this. Senator Birmingham made the point that in the entire debate about this bill, which is now into its third day I think, we haven't heard a single Greens speaker, up until now, debate this bill. They keep pushing and pushing themselves down the list, desperately hoping that they won't have to reveal their position. It would be nice to hear from the Greens as to why they don't actually support this bill, but, instead, they've spent the best part of three days curling up into a little ball, hoping that this argument can avoid them and hoping that they don't have to take a position. Well, I'm sorry, but you're going to have to take a position. You're going to have to take a position on whether you're prepared to support the government to clean up the CFMEU once and for all, to stamp down and stamp out violence, thuggery, corruption and criminality in the workplace that, unfortunately, have infiltrated a very strong and important union in Australia and that need to be dealt with. You do have to take a stand, and that time will come when we do get to a vote on this bill, as I hope that we will be doing, coalition, sooner rather than later.

As I say, the only reason the Greens can possibly be opposing the legislation that we're putting forward is that they are desperate to carve off donations to prop up their campaigns. I'm not going to disclose the negotiations that have been underway with the Greens about this legislation, but I did notice an article in one of today's papers saying that the Greens have admitted that their concern about our legislation is:

… the fact the whole union would be put into administration rather than just the branches subject to criminal or corruption claims.

That's come from a Greens representative in today's papers. That's the reason they don't want to support it. They don't want the Queensland branch put into administration. Why would that be? Could that be because they have three seats in Brisbane that they want to prop up with CFMEU donations? Could that be why you don't want the Queensland branch put into administration?

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Direct your comments through the chair, Senator Watt.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Is the reason that you don't want the South Australian, Tasmanian, WA or ACT branches put into administration that you'd quite like donations from those states as well? Is it anything to do with that at all? We know that our bill is going to be putting the entire CFMEU construction division into administration as is required to clean up this union, to clean up this branch and to make sure that it actually returns its focus to the best interest of its members, which is what a union should be about. So far, the people who are the least enthusiastic about doing that are the Greens party of Australia. I move:

That the motion be put.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

The question before the chair is that the motion be put.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

The question is that the motion moved by Senator Birmingham to suspend standing orders be agreed to.