Wednesday, 31 July 2024


Questions without notice and ministers statements

Construction, Forestry and Maritime Employees Union


David DAVIS, Harriet SHING

Construction, Forestry and Maritime Employees Union

David DAVIS (Southern Metropolitan) (12:32): (596) My question is to the Minister for Housing. Minister, I refer to the big build social construction for which you are responsible as Minister for Housing, and I ask: what role does the CFMEU play on these sites?

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (12:32): Thanks, Mr Davis. Mr Davis, I am going to take you through the way in which registered employee organisations operate, and I hope that that will provide you with a context for how the Fair Work laws function as federal legislation. As you would be aware, Mr Davis, Victoria has referred the bulk of its industrial relations powers to the Commonwealth, and they are therefore regulated under a system of federal awards. There are matters that ensure that unions are able to represent their members where they are, firstly, registered employee organisations under the Fair Work (Registered Organisations) Act 2009, but in addition to that where they do represent members in accordance with the rules of coverage that apply to those unions.

Mr Davis, where we do have union representation which ensures that, for example, elected health and safety representatives are in a position to represent the interests of members, where we do have union representation where that ensures that negotiation of fair and safe terms and conditions of employment is undertaken, then that is where we do see the best of a united industrial relations system, regulated by Commonwealth law, in operation across not just Victoria but Australia.

Mr Davis, in accordance with that legislation, a number of unions do actually work with their members to make sure that workplaces are safe and are in fact places where people can go to work and come home from work – knowing as we do that construction is one of the most dangerous industries for people to be in. And we also know that when and as we have construction there may well be examples where –

Nick McGowan: On a point of order, President, as much as members love the walk down memory lane, the question was very specific and about the CFMEU’s role on any social housing worksites. The question was not a question about the legislative responsibility or any other aspect of workplace relations.

The PRESIDENT: I think the minister was giving a comprehensive response relevant to the question.

Harriet SHING: Thank you, Mr McGowan. What a colourful attempt at an interjection from you yet again! Nice try. But I will go back to the way in which industrial relations operate to ensure that organisations registered under federal law are in a position to represent their members within the rules of coverage that apply to a site. And on that basis, Mr Davis, I am very, very pleased to confirm to you that where there is eligibility, where there is coverage, unions are in a position to be able to represent their members. Again that may well include unions from a range of different parts of the construction sector. Mr Davis, there are numerous –

David Davis: On a point of order, President, I asked very specifically about one union. I did not ask for a general run around the block. I asked very specifically, so in terms of relevance the minister needs to respond. She has not mentioned the word ‘CFMEU’, to my knowledge, yet.

The PRESIDENT: It is not for me to force the minister to mention anything, but she has been relevant and she has mentioned where construction unions lie, particularly to the answer of where they sit.

Harriet SHING: Mr Davis, where a union has coverage under the rules that apply through federal legislation, they are in a position to seek to represent their members on the ground in relation to the construction sector. Try as you might for a sound bite, Mr Davis, which I suspect was the point of the question the entire time, I do not intend to give you one.

David DAVIS (Southern Metropolitan) (12:36): I think it is telling that on a question about the role of the CFMEU the minister appears not to have answered the question in a way, not having mentioned the point of the question, the CFMEU. It is a union in this chamber that Labor members prefer not to mention. It is a real issue. My supplementary question is: Minister, have any allegations of misconduct by the CFMEU been raised with you formally or informally?

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (12:37): No, Mr Davis. Since I have been the housing minister, which was October last year, I have not been advised of any allegations being made to me –

David Davis interjected.

Harriet SHING: As I said, Mr Davis, I was sworn in as the Minister for Housing in October last year. I have not had any matters brought to my attention that have required my intervention as they relate to –

David Davis: On a point of order, President, it is a very, very specific question: were there any allegations raised with the minister of misconduct by the CFMEU, formally or informally? She can answer that very simple question: yes or no on the CFMEU.

The PRESIDENT: I could be wrong, and I hate paraphrasing people, but I think the first thing she said was no.

Harriet SHING: Mr Davis, I invite you to go back to Hansard and perhaps look at the very beginning of that answer that I gave you. Again, I am really looking forward to making sure that on the ground workers are entitled to be represented by a union. Let us be really clear: unions have a place in our worksites to make and keep people safe. Criminal behaviour has no place on our worksites, irrespective of where it comes from. Unions are there to make and keep people safe, and they perform an important role – (Time expired)