Senate debates

Monday, 18 April 2016

Questions without Notice

Building and Construction Industry

2:49 pm

Photo of David JohnstonDavid Johnston (WA, Liberal Party) Share this | | Hansard source

My question is to the Minister for Employment, Senator Cash. It is the minister aware of any dishonest claims currently circulating about reforms in the building and construction sector?

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

Yes, I am. Many people may be aware that the CFMEU is currently running a series of completely dishonest television commercials that are, quite frankly, based around a work of fiction. Perhaps you would have seen it, Mr President. It makes a number of false claims about those people who may be questioned by the ABCC and their rights. Can I be very clear in relation to the television ads being run by the CFMEU? The powers that the CFMEU are now publicly complaining about in a series of television ads are the same powers that those on the other side—Labor, the people who do their bidding in the parliament—gave the Fair Work Building and Construction inspectorate. They are the same powers. Did the CFMEU run a series of television ads when those on the other side gave the Fair Work Building and Construction inspectorate these powers?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Pause the clock. Senator Moore, on a point of order?

Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | | Hansard source

Mr President, I am just seeking to clarify: does this question come under the area of something that is already being discussed before the parliament? Is it anticipating the debate that we will be having in the parliament?

Government senators interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! On my right. Senator Moore, I have been listening very carefully, and you may recall that regarding an earlier question I did remind the minister that she had to be careful in relation to this territory. Whilst I am not completely familiar with every detail of the bill, I do believe the minister has not gone to the pertinent detail of the bill. But I am listening carefully and I think the minister has taken heed of the earlier advice.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

Again, it is a little ironic that in an election year the CFMEU are currently running a series of ads that are based on a false premise. But, worse than that, they did not run that series of ads when the former government gave the same powers to the Fair Work Building and Construction inspectorate. If that does not speak of a political stunt then I do not know what does. The CFMEU also forget that these powers that existed for years in other industries and with other regulators are the same types of powers that ASIC, APRA and the ACCC had. So, again, they never complained about those agencies having those powers and they never complained when former Prime Minister Gillard gave her regulator those powers. (Time expired)

2:52 pm

Photo of David JohnstonDavid Johnston (WA, Liberal Party) Share this | | Hansard source

Mr President, I ask a supplementary question. Is the minister aware of any commentary on the need for compulsory powers in this industry?

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

As I said, even former Prime Minister Gillard and those on the other side recognised the need for compulsory powers within the building and construction industry, because they gave those same compulsory powers to the current inspectorate—the Fair Work Building Industry Inspectorate. As we have heard so often, and in particular during estimates hearings, the reason these powers are so necessary within the building and construction industry is that there is a culture of silence. And why is there a culture of silence? Because in this particular industry—

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, I rise on a point of order.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Pause the clock. Senator Cameron on a point of order.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

This is a matter currently before the Senate. It relates to a bill that is before us right now and I think you should take some advice as to whether it is appropriate to continue down this path when there is a bill before the Senate dealing with these exact matters.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

This was raised in an earlier point of order by Senator Moore—I will allow the minister to continue. The minister knows the parameters involved.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

Colleagues, did anybody see Senator Cameron stand up when they introduced the same powers for the Fair Work Building and Construction Inspectorate? Did the CFMEU not give you instructions, Senator Cameron, to come in here and a jump up and down and say, 'I don't like these powers—they are taking away people's rights'? You did not do that, and that is why we know that this is nothing more and nothing less than yet another political stunt.

2:54 pm

Photo of David JohnstonDavid Johnston (WA, Liberal Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. Is the minister aware of any threats to restoring the rule of law to the building and construction sector?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Minister, before you answer that question, the question directly relates to the re-establishment of the bill. I will allow the minister to answer the question, but with that note of caution.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

Yes, I am aware of such threats. In the first instance, the CFMEU are very happy with the current state of play in the industry. Why do we know that? Because they have donated more than $7 million to the Australian Labor Party since 2007—$7 million. In fact, $7 million is also the sum of money that the CFMEU have been fined. When you have in excess of 100 of your senior officials facing court or the Fair Work Commission on in excess of 1,000 charges, it is little wonder that those opposite do not want anything done within the sector.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, I rise on a point of order.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Pause the clock. Senator Cameron on a point of order.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

I have been listening intently and, as you would imagine, I am acutely aware of the parameters involved. The minister has not yet strayed over the line. I did warn her and she is complying with my request.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

As I was saying, $7 million to the Australian Labor Party since 2007—ironically, as Senator Payne has noted, $7 million in fines paid for breaching workplace laws—but, unlike those on the other side, the CFMEU are not our puppet masters and we will not do what they say. (Time expired)