Senate debates Questions without Notice
Construction, Forestry and Maritime Employees Union
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
2:54 pm
My question is to Minister representing the Prime Minister, Senator Wong. CFMEU national secretary Zach Smith, whom the Albanese government refused to sack from the CFMEU, despite overseeing an appalling culture of law-breaking, recently said in a letter to CFMEU members: 'Politicians who have never stepped onto a construction site have overwhelmingly stripped away our union's democracy. You are right to be angry about what has happened. I'm angry about what has happened. I will continue to lead this union, serve the members and put your best interests forward. I will not be silent.' Minister, who is actually running the CFMEU at the moment? Is it the administrator, Mark Irving, is it John Setka, who keeps on turning up on government building sites to address CFMEU members, or is it Mr Smith, who has emphatically and publicly told members that he is still in charge?
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
2:55 pm
The short answer is that the administrator is running the union.
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
Really? Are you sure?
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
What I would say to you, Senator Cash—and I note how much you wish to yell about this. I note you have always wanted to yell about it, and you've actually done so little, ever—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
He's turning up on construction sites.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
Because you did nothing. You fought us every step of the way.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
It's because we believe that trade unionism matters to Australians. It matters to workers.
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
Hand the money back.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
We do not believe that corruption—
James McGrath Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition
Hand the money back.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
violence and thuggery belong in the trade union movement. That is why we have done this. We have done this despite your opposition—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
We supported the ABCC.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
and we have done it despite those at the other end of the chamber—the Greens, who call themselves progressive and who have aligned themselves with corruption, thuggery and violence in the trade union movement. We on this side understand the importance of the trade union movement.
Sue Lines President
Order! Senator Cash, I have called your name at least six times. You are being incredibly disrespectful towards me—Senator McGrath, equally. You are required to listen in silence. You have asked your question. The minister is responding. Minister Wong, please continue.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
You did nothing for 10 years. We put them into administration. Let's be clear.
Opposition senators interjecting—
Sue Lines President
Senator Cash, I'm just wondering when you and the rest of the senators on my left are going to come to order. I called you to order, and the minute the minister got back up on her feet there was disorder. You are being disrespectful to the orders that I require you to adhere to. Minister Wong.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I would remind Senator Cash and those opposite that the administrator has the power to terminate or suspend officials inside the CFMEU. I know that doesn't suit Senator Cash's political objective, but the administrator has the power to terminate or suspend officials of the union. That is the answer to your question.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I know, Senator Cash, that it doesn't suit your political agenda for me to continue to assert that fact—for that fact to be true. The administrator has the power and the administrator is running the union. What I would say to Senator Cash again— (Time expired)
Sue Lines President
Senator Cash, before I call you for your first supplementary, I have asked and asked for you to come to order and you've completely ignored me. I know you're on your feet, Senator Polley, but I have the floor at the moment. Please sit down. I will come to you. Senator Cash, I am asking you, once you've asked your question, to sit and listen in respectful silence. Senator Polley.
Helen Polley Tasmania, Australian Labor Party
On a point of order, I would like Senator Brockman to withdraw the slur that he made during the last little tete-a-tete that they were having. I ask you to ask him to withdraw.
Sue Lines President
Opposition senators interjecting—
Order! You may not have noticed, but Senator Brockman was on his feet. Senator Brockman, I didn't hear it, so—
Slade Brockman WA, Liberal Party
I'm not sure what they're concerned about either, but I'm happy to withdraw.
Sue Lines President
Thank you, Senator Brockman. Senator Cash, I am going to ask you to ask your first supplementary and then I'm going to ask you to listen in silence.
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
2:59 pm
How is the CFMEU's administrator supposed to do his job, given that Mr Smith is telling his members that he's still in charge? Will you, Minister, take the opportunity on behalf of the Albanese Labor government to condemn Mr Zach Smith for undermining the administrator?
Sue Lines President
I'm waiting for silence before I call Minister Wong.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
3:00 pm
The administrator is in charge, and the only person who is giving a platform for some of the comments is Senator Cash. I would make this point: Senator Cash in the primary was dealing a lot about Mr Setka. I would remind Senator Cash that it was under her and the government she was a part of that Mr Setka's power grew—that the corruption and the thuggery and the violence grew under the coalition, whilst the ABCC was in place and also while Senator Cash was the relevant minister. So we have taken stronger action than you were ever able or willing to take, and you know why we have done it? It was not as you wished to do, which was to seek to break the trade union movement, but because we want a trade union movement that is stronger and grounded in the values of the Labor movement, and corruption and violence are not grounded in the values of the trade union movement. (Time expired)
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
3:01 pm
Minister, Mr Smith also told CFMEU members in his public letter—and I quote: 'As long as you stick by tough, militant trade unionism, this is not the end of our union. As always, the CFMEU is here to stay.' Isn't it clear that numerous CFMEU officials like Mr Smith are not committed to changing the CFMEU's appalling culture? What action is the government going to take against Mr Smith?
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
Again I remind Senator Cash that the only person giving a platform to the comments that she is quoting is Senator Cash. I would remind Senator Cash that the administrator is in charge.
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
You're turning a blind eye!
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I know she might not like that, but the administrator is in charge—
Sue Lines President
Order! Minister Wong, please resume your seat. Minister Wong, please continue.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
The administrator is in charge, and the administrator has the power to terminate or suspend union officials and to date has terminated or suspended nearly 20 officials.
Murray Watt Queensland, Australian Labor Party, Minister for Employment and Workplace Relations
There you go!
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
So that is a far more stringent set of actions that are taken under the administrator and that have been put in place by this government than have ever occurred, despite all of the protestations that those opposite—in particular Senator Cash, with police raids and other things—were involved in. What I would say to you, Senator Cash, is: you should back the administrator. We back the administrator, and we do so for the principled reasons we have outlined.
President, I ask that further questions be placed on notice.