Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is to the Minister for Employment, Senator Cash. Proceedings against former ABCC commissioner Nigel Hadgkiss, in which he has admitted to recklessly breaching the Fair Work Act by failing to accurately reflect the law in Fair Work publications, were commenced on 22 August 2016. Yesterday the minister advised the Senate that she became aware of the behaviour in October 2016. Why did it take two months for the minister to become aware of Mr Hadgkiss's illegal conduct?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

I thank Senator Wong for the question. As I indicated yesterday, the claims against Mr Hadgkiss were first brought to my attention in October 2016, when the CFMEU sought to add the Commonwealth as a respondent to the proceedings. These were allegations and they were contested at the time.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Wong, a supplementary question.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I again ask—because she didn't answer the question—why it took the minister two months to become aware of the illegal conduct. Given that she did know, by her own admission, in October 2016 of the illegal conduct, why did the minister appoint Mr Hadgkiss as commissioner of the ABCC just two months later, on 2 December 2016?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

I reject the premise of almost all of those questions. I made it very clear in my answers both today and yesterday—to Senator Cameron's question—that I became aware of the behaviour, or the conduct, in October 2016. At that time, they were allegations that were contested by Mr Hadgkiss. The conduct was not illegal at the time. It was on Tuesday of this month that Mr Hadgkiss admitted to the breach. At that time, I became aware of the breach. In relation to the appointment of Mr Hadgkiss, I as minister did not appoint Mr Hadgkiss. Senator Wong would be aware that, when the ABCC bill passed the parliament, the legislation prescribed that the head— (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Wong, a final supplementary question.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Is the minister aware that section 21(3) of the Building and Construction Industry (Improving Productivity) Act 2016 requires the minister to be satisfied that the person is 'of good character'? Why did she persist in the appointment of Mr Hadgkiss when this minister knew of the behaviour that Mr Hadgkiss admits is illegal?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Senator Wong, as you are a former lawyer—one for the CFMEU, albeit—I would have thought that you of all people would know that an allegation is merely that: an allegation. It was an allegation that was made by the CFMEU, which was contested by Mr Hadgkiss. In relation to allegations, I don't think it would surprise—

Opposition Senators:

Opposition senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my left! A point of order, Senator Macdonald?

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

I'm sorry to interrupt the minister. Mr President, my point of order is the conduct of the Leader of the Opposition in the Senate. She asks the question and then continuously interjects and answers the question herself. I expect that from a backbencher in the Labor Party, not from the Leader of the Opposition. I ask you to call the Leader of the Opposition—

Stephen Parry (President) Share this | Link to this | Hansard source

There is no point of order. Thank you, Senator Macdonald.

Senator Ian Macdonald interjecting—

Order! Senator Macdonald, thank you. I will remind all senators that it is disorderly to interject, and I need to hear the question and the answer of all senators. I would ask you to desist in disrupting the chamber. Minister, you have the call.

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

As a lawyer, Senator Wong would also know that it is appropriate to recognise and not usurp the role of the courts in determining the facts of a case based on evidence.