Senate debates Questions without Notice
Australian Building and Construction Commissioner
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
2:11 pm
My question is to the Minister for Employment, Senator Cash. This afternoon, the minister announced the resignation of Nigel Hadgkiss as commissioner of the Australian Building and Construction Commission. Given the seriousness of Mr Hadgkiss's misbehaviour, why did the minister allow him to resign instead of just sacking him?
Michaelia Cash WA, Liberal Party, Minister for Women
2:12 pm
I have to say, seriously, I don't even know if I should dignify that with an answer. Because when you talk about serious behaviour, serious behaviour is what we saw today—a fine in excess of $2.4 million handed down against the CFMEU—
Kim Carr Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science
This is a serious question, and it goes to the question of a Commonwealth officer breaching the law. The minister has said that this was a question that did not deserve an answer. There is a question of relevance that I draw to your attention. It's a specific question, and the minister ought answer it directly.
Michaelia Cash WA, Liberal Party, Minister for Women
Thank you, Mr President, and, as I have said, Mr Hadgkiss today did tender his resignation today to the government as head of the Australian Building and Construction Commission, and the government accepted that resignation. But in relation to the conduct of those on the other side, and those that they support, let me remind you—
Stephen Parry President
A point of order, Senator Cameron?
Government senators interjecting—
On my right—just a moment, Senator Cameron
Senator Ian Macdonald interjecting—
Opposition senators interjecting—
Senator Macdonald, and senators on my left as well. Order!
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
It's on direct relevance. My question was simple. It was only one question: why did the minister allow him to resign instead of just sacking him?
Stephen Parry President
The minister did answer by indicating that the government did accept the resignation and announced the resignation. I feel as though the minister has been directly relevant to the question by the way she has answered the question in the first instance. I know it's not as specific as you would like, Senator Cameron, but I think she has been directly relevant to the answer. Minister, had you concluded your answer?
Michaelia Cash WA, Liberal Party, Minister for Women
I will not stand here and be lectured by those on the other side who stand up and defend criminal behaviour across unions, and in particular the CFMEU. I will not stand here and be lectured by those on the other side who take tens of millions of dollars from a criminal organisation. I will not stand here and be lectured by those on the other side—
Honourable senators interjecting—
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
Yes, Mr President—again on relevance. This was a very serious question about a commissioner appointed by this minister having to resign because of illegal activity. I'm asking why the minister did not sack this individual, and she should answer it.
A government senator interjecting—
Stephen Parry President
Order on my right! Senator Cameron, in relation to the point of order, you did ask: why did the minister accept the resignation rather than sack? The minister indicated that she did accept the resignation or the government had accepted the resignation. The minister has been directly relevant to the question. The minister has heard your points of order on two occasions, Senator Cameron. The minister has 50 seconds left and I invite the minister to continue her answer.
Michaelia Cash WA, Liberal Party, Minister for Women
Deny, distract and then defend. Let's go through, again, a number of those who are well known to those on the other side and the behaviour they have indulged in. Shaun Reardon, the CFMEU's Victorian assistant state secretary, has already been fined $50,000. He was actually a White Ribbon ambassador until he was dumped by White Ribbon for his disgusting behaviour when it comes to violence against women. That is who those on the other side defend. Gareth Stephenson, another CFMEU organiser, has been fined $118,000. Ralph Edwards, the Victorian branch president, has already been fined $53,250 and, of course, then there's Duncan McAllister, with 101 alleged breaches, including coercion and threats. (Time expired)
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
2:16 pm
Mr Hadgkiss has admitted to recklessly breaching section 503 of the Fair Work Act. When did the minister first become aware of the behaviour that Mr Hadgkiss now admits was a breach of the act?
Michaelia Cash WA, Liberal Party, Minister for Women
2:17 pm
I became aware of the behaviour in October 2016.
Stephen Parry President
Senator Cameron, a final supplementary question.
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
In announcing Mr Hadgkiss's resignation, the minister said he 'has played a pivotal role in restoring the rule of law'. How can the minister make this claim given Mr Hadgkiss has himself admitted to recklessly breaching the law?
Michaelia Cash WA, Liberal Party, Minister for Women
Again, Mr President, I will not stand here and be lectured by those on the other side who stand here and defend the most militant union in Australia, many of whom have been found guilty of what is criminal conduct. I will not stand here and be lectured to by those on the other side who happily defend members of the CFMEU.
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
I was not lecturing; I simply asked a question: how can the minister make this claim given Mr Hadgkiss has himself admitted to recklessly breaching the law? That was the question. It's on relevance.
Stephen Parry President
I will remind the minister of the question. Minister, you have 32 seconds in which to answer.
Michaelia Cash WA, Liberal Party, Minister for Women
Again, I will not stand here and be lectured by those on the other side whilst they continue to take tens of millions of dollars from the CFMEU, who have been found to be the most militant union in this country, and when Federal Court judge after Federal Court judge has stated that they have no regard for the law.
Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services
Again, Mr President, my point of order goes to relevance. This was about Mr Hadgkiss having to resign because of recklessly breaking the law. That was the question.
Stephen Parry President
Thank you, Senator Cameron. I'll accept your point of order again. I will remind the minister of the question.