Allegra Spender (Wentworth, Independent) Share this | Hansard source

I move the amendment on the sheet further revised on 20 August 2024, as circulated in my name:

(1) Schedule 1, item 5, page 11 (after line 14), after subsection 323B(3), insert:

(3A) If the Minister determines a scheme under subsection (1), the scheme must provide that a person is not eligible to be a candidate for an election, or to be elected or appointed (including re-elected or reappointed), to an office in an organisation unless the person is a fit and proper person to be an officer.

(3B) Subsection (3A) does not limit subsection (1) or (3).

The CFMEU has forfeited the right to clean itself up. As I've already said today, I'm convinced that the administrator is the appropriate short-term response to purge this union of unscrupulous actors and misconduct. Under the process, the administrator will be granted powers to declare offices within the union vacant. But, as we've seen time and time again, these actors find a way of getting back into this union. That is why I'm moving an amendment that provides an extra layer of security on any appointments made by the independent administrator. Under this amendment, appointments of offices well first require the demonstration of 'fit and proper purpose and status', as defined already within section 255 of the existing Fair Work Registered (Organisations) Act.

I acknowledge that the government has listened to my concerns and has moved an amendment that is of some similar substance. The amendment agreed to in the Senate would prevent those already removed from office by the administrator would be ineligible for office indefinitely unless they can demonstrate fit and proper status. I agree with this, but I believe it goes only halfway. We know that we've had serious issues in relation to members appointed to this union, and I want to see assurances from the get-go that people ascending to offices within this union meet the public's expectation of integrity. I believe this is a sensible solution and urge all members of the parliament to support it.

This administration a start: however—and I've said this before to the minister representing the minister—it is not enough in itself. It has to be the start of where we need to go on this. I believe this is still something that is useful to add to further assurances, particularly from a community that doesn't have a lot of confidence, I'll be honest, in the union or, necessarily, in the government's ability or true will to clean up this union. I believe that this will be a useful amendment for the government to accept.

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