Senate debates
Monday, 17 August 2026
Questions without Notice
Setka, Mr John
2:00 pm
Jane Hume (Victoria, Liberal Party, Shadow Minister for Employment and Industrial Relations) | Link to this | Hansard source
My question is to the Minister representing the Prime Minister, Senator Wong. On 30 July, the CFMEU administrator, Michael Crosby, was asked on ABC's 7.30 why John Sitka's membership was suspended for only five years. He answered:
Because the rules limit me to a maximum period of five years. That's as much as I can do.
Asked whether the rules need to be changed, he answered 'maybe'. Does the government accept the administrator's statement that five years is the maximum sanction available to him, no matter how serious the conduct?
Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) | Link to this | Hansard source
I can certainly indicate, in terms of expulsion, that Mr Setka has been expelled from the Australian Labor Party, and that occurred some years ago, and there is no five-year rule on that. In relation to what you have indicated, certainly what I would say is we cannot tolerate corruption, criminality or violence in any part of the construction industry. I've said before in this chamber that the government has taken concrete action to clean up the industry. I have also made the point that the Albanese government has taken concrete action to do this, and, in fact, the administrator has achieved more progress towards cleaning up the union than we saw in a decade.
Multiple investigations are ongoing into the construction sector, following multiple referrals from police and regulators. In relation to any additional requirement of membership, obviously, the government will always consider carefully the advice of the administrator on these issues. We are committed to ensuring that corruption, criminality and violence are not part of the construction industry. I would also say, as strong trade unionists, we also believe that there is—we have no tolerance for criminality or corruption in any trade union.
2:02 pm
Jane Hume (Victoria, Liberal Party, Shadow Minister for Employment and Industrial Relations) | Link to this | Hansard source
Has the government received any advice, any correspondence or requests from the administrator concerning the adequacy of the disciplinary powers to him under the Fair Work (Registered Organisations) Act 2009, and, if so, has the government considered extending those powers, or would the Prime Minister be happy with the return of Mr Setka to the union?
2:03 pm
Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) | Link to this | Hansard source
As always, Senator Hume, you seek to go a little too far. The Prime Minister, as leader of the Labor Party, ensured that Mr Setka was expelled from the Labor Party.
Michaelia Cash (WA, Liberal Party, Leader of the Opposition in the Senate) | Link to this | Hansard source
What about the CFMEU?
Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) | Link to this | Hansard source
Just let me finish. Again, he expelled Mr Setka from the Labor Party. I think he's demonstrated his strength of view on this issue, and he has acted. In relation to whether there has been advice provided, I am not briefed on whether there's been any further advice that might relevantly go to your question. I certainly can make some inquiries. If there's anything further I can assist you with, I will, but I again make the point that we have been very clear about our view about the very serious allegations of conduct in the construction industry. We've been very clear that any incidents of such behaviour are unacceptable, and we have acted.
Sue Lines (President) | Link to this | Hansard source
The time for answering has expired. Senator Hume, second supplementary?
2:04 pm
Jane Hume (Victoria, Liberal Party, Shadow Minister for Employment and Industrial Relations) | Link to this | Hansard source
Given the administrator's public statements on 7.30 that the rules may need to be changed, will the government amend the act and the administration determination to remove the five-year limit on expulsions and disqualifications?
Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) | Link to this | Hansard source
With respect, Senator Hume, I think that's actually the same question. I know that you might like to act only on what is on television, Senator, but I've said to you that if advice comes to government about any changes that are necessary, I'm sure the government will consider that very carefully, consistent with our view (1) that we don't tolerate criminality, violence or corruption in the construction sector and (2) that we have taken stronger action to combat this than any previous government despite the protestations of those opposite. It is, in fact, this government—in fact, at the time, I think it was Minister Watt—who took stronger action than any previous government.