Senate debates

Monday, 18 April 2016

Questions without Notice

Building and Construction Industry

2:59 pm

Photo of James PatersonJames Paterson (Victoria, Liberal Party) Share this | | Hansard source

My question is to the Minister for Employment, Senator Cash. Is the minister aware of any incidents from my home state of Victoria which highlight the necessity to restore law and order to the building and construction sector?

Opposition Senators:

Opposition senators interjecting

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

Order on my left!

3:00 pm

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

I thank Senator Paterson for the question. It is disappointing that those on the other side, whenever an issue is raised in relation to examples of bullying, intimidation and thuggery in the building and construction sector, do not want to hear about it.

The CFMEU recently paid in excess of $100,000 of their members' funds as a fine—because that is the contempt which they have for their members' funds—for organising a blockade at the $400 million Bald Hills wind farm project in Victoria. Why did they have the blockades? The blockades were in response to a subcontractor refusing to sign an enterprise agreement with the CFMEU. I thought it was a subcontractor's right to exercise that right to not sign an enterprise agreement with the CFMEU, but the subcontractor, unfortunately, found out it is a little bit different in the building and construction industry. When the subcontractor asked what the ramifications would be if they did not enter into the enterprise agreement with the CFMEU, Mr Edwards, the CFMEU's branch president, answered, 'The union would'—expletive—'you over'. Another senior CFMEU organiser said that he would give the subcontractor a few weeks to change its mind and, if that did not happen, then things were 'going to get ugly'.

This is what happens in the building and construction sector in Australia if you say no to the demands of the CFMEU. No matter whether or not those demands are lawful, if you refuse to comply with them—if you say, 'I am going to exercise my right to do something'—you pretty much soon find out it is not your right and the CFMEU, to quote this person, will 'do you over'. (Time expired)

3:02 pm

Photo of James PatersonJames Paterson (Victoria, Liberal Party) Share this | | Hansard source

Mr President, I ask a supplementary question. Is the minister aware of any further examples of unlawful threats or coercion by union officials?

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

Yes, I am, and again they are recent and, unfortunately, it was members' money that was used to pay the fine. In April of last year, the CFMEU, again, paid $43,000 of members' money after the Federal Court fined the union and its officials, assistant state secretary Shaun Reardon and former official Danny Berardi, for attempting to coerce a head contractor, again, into an agreement with the CFMEU. When the contractor told Mr Berardi they would not be signing an enterprise agreement with the CFMEU, Mr Berardi threatened, 'Well, you'll be'—expletive—'I'll blockade your sites.' In an attempt to avoid the grave financial damage that would flow if the CFMEU did impose a blockade on all of his sites, the contractor then called Mr Reardon, who said to him, 'Why would I help you and change his direction? You've shown the CFMEU no respect. I'm'—expletive—'sick of it. I've had enough and you'll sign the EBA.' (Time expired)

3:03 pm

Photo of James PatersonJames Paterson (Victoria, Liberal Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. Minister, were there any findings of the Federal Court in this case which suggest some officials have no respect for the law?

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

Yes, there were. With regard to the CFMEU, the Federal Court finding found as follows:

The present conduct of one of its officials adds to this depressing litany of misbehaviour. It evidences an ongoing disregard for the rule of law … It is fair to describe the CFMEU record as dismal.

We know that, in Victoria, the CFMEU has fine form. In particular, who can forget what happened on the streets of Melbourne in 2012, the infamous Grocon dispute, when the CFMEU literally shut down parts of the Melbourne CBD? The behaviour of officials included death threats and violence towards the police. On top of that, the CFMEU, again, do not care about the members' money because they were ultimately ordered to pay a record $1 million fine. That is the contempt in which the CFMEU hold their members' money.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Mr President, I ask that further questions be taken upon notice.