COMMITTEES

Senator SHELDON (New South Wales—Chief Government Whip in the Senate) (17:51): First of all, I do have a lot of respect for Senator Kovacic. But this motion is an absolute ideological farce. There are some elements of what the senator said that I would agree with.

That's why the administrator was set up in the first place. That's why we took direct action to make sure that major steps were happening in the construction industry. But I call it a farce, because what they're doing across the way is trying to find a way to unite themselves when they're so disunited, rather than turn around and attack those companies—or mention those companies.

They haven't mentioned them in any part of any speech about the CFMEU or the construction industry. And they don't say 'the construction industry', because that would expose either allies, friends or fellow ideological travellers. I know there are decent people over there that would hold the exact same concerns that I hold about construction companies that have been doing immoral, illegal and improper actions in the industry.

Clearly, any administrator in any organisation would take, when there's legal action to be taken, the appropriate action they can administer. But they would also notify the right organisations, the right enforcement agencies, to take appropriate action as well. The administrator has been working excessively closely—and the reason I say that is that we have now received two reports to this parliament, to this Senate, about how the administrator has been operating—with the police and the resources that the police have right across the country.

Before I go back to what this ideological piece is, I'll just go to the effective pieces of what the administrator has done. He's shown the door to more than 60 staff, many from the top ranks. He's acted on over 500 complaints lodged through the anonymous whistleblower website.

He's introduced a new national code of conduct, an organised crime policy and a statement of expectations for every official. And, as I said, he's been providing ongoing biannual reports to parliament, meeting with the Minister for Employment and Workplace Relations and tabling investigation and financial records publicly for all to see. This industry is not solely about those problem few that were previously in the CFMEU; it's about making sure the system continues to be accountable for everybody, employer or worker alike.

When they keep saying they want the ABCC back, what they want back is the $320 million that was stolen in the construction industry, because that's the effect. The ABCC did nothing but make a lot of noise with no effect. As I said, they were a bit like a chihuahua with a high-vis vest on, barking and barking.

Half a million dollars was spent on flags. Half a million dollars was spent on tearooms. Close to half a million dollars went to women's toilets—on protests regarding whether they should be on a worksite.

But what they haven't mentioned is the investigations that have been conducted, appropriately, by the AFP. I'm not seriously suggesting the administrator should be directly doing this, but they should be assisting the AFP. I have every confidence that they are assisting the AFP regarding employers as well, because it's in the reports.

You only have to read them. In actual fact, read the reports and you'll start finding out a bit more information, rather than the accusations and false pretence of putting this motion forward because that's not convenient. In today's Sydney Morning Herald it was reported that at least a dozen companies have been sent letters from a senior AFP officer requesting records and statements over suspected payments to underworld figures to 'keep the peace' on building sites.

Firms like LTE Construction Group and Rangedale Group, both of which have previously featured in the 60 Minutes 'Building Bad' series, were named for allegedly paying gangland figures Mick Gatto and John Khoury. LTE Construction Group was even reported to have bikie gangs as well—members appearing on its payroll of so-called industry fixers. Now anonymous building industry sources have also pointed to another firm, Cobild, that has reportedly made payments to Gatto.

That was in an article on the 29th in the Sydney Morning Herald. There's even worse. The CFMEU administrator interim report—let's read it—names another major contractor, Future Form, over shocking allegations of intimidation and mafia-style tactics to silence a union official looking into worker exploitation.

Imagine being at home with your family and waking up to find your car and boat on fire, all because you were doing your job. That's what has been reported. It's employers like these who drag the whole industry down and give everyone else a bad name.

You won't hear that from the Liberals and Nationals, because that's not convenient. When you start looking at their ideology and start looking at the things that this is all about, it's really about things like what we saw happen in Queensland. That's been reported only today.

It was forewarned, and who would have thought they would have followed through with it? But they're now turning around and saying that under the guise of the CFMEU fight. It's not against these gangster companies or gangster aligned companies or companies employing gangsters; there's nothing about that, because they don't want occupational health and safety standards on building sites.

They like undercutting companies that do the right thing. I'd like to think that the majority of people believe—on the opposite side, though, I'm starting to doubt it—that companies doing the right thing should have the opportunity to compete fairly for contracts, but you can't compete fairly for contracts when you turn around and have the shonks ripping people off.

Just today the Queensland government—this is what their ideology drives them to do—said that workplace health and safety entry permit holders now have to give at least 24 hours notice before entering a workplace, except in cases where there's an imminent safety risk. Senator Brockman: Sounds reasonable. Senator SHELDON: That's right.

It sounds reasonable. I'll explain, because I've lived the life of these problems occurring when you're dealing with shonks. They're not good companies; they're shonks.

The Queensland government also said they repealed changes introduced by the former Labor government. This is the real cracker—they're expressly against work health and safety entry permit holders being allowed to take photos and videos at workplaces. These entry permit holders have to go through a whole series of tests to remain permit holders, and it's more than just who you associate with; it's actually performance, and it's within a series of regulations, very similar to what occurs across the country.

So they aren't allowed to take photos and videos at workplaces. And, if they take them inappropriately, they could be struck off and held to account. What they don't want is those people being injured and maimed on those construction sites from the illegal practices that are happening.

What the Queensland government doesn't want is that accountability. That's the consequence of not allowing it to happen. Do you go to the lowest common denominator, or do you go to a denominator that actually makes a difference to make our workplaces safer?

So they sit over there and say this is all about worker safety. It is not about worker safety; it's about consequences for worker safety. Good people over there want to really think about what the consequences are.

With allegations and people being held to account where there's been mistreatment or inappropriate use, there are a number of recourses that exist. The fact is that you're saying that everybody in every union—it's not only the construction industry but every union—should not have those rights. This is what the Liberal and National parties are about.

This is what they're really about. This is why this motion is an ideological motion. It's not about the things we share concerns about.

We share concerns and we all passed a proposition in here about putting an administrator in. We shared it, we negotiated it and we came up with a solution. Those things that came up here have been making a real difference, and the figures are on the board.

But what are you doing about those other companies? Nothing. They're going to make it easier so you can't hold Future Form, LTE and others to account.

That's what they're doing. Opposition senators interjecting— Senator Scarr interjecting— The ACTING DEPUTY PRESIDENT ( Senator O'Neill ): Order, Senator Sheldon and Senator Scarr! You are experienced parliamentarians.

I ask Senator Sheldon to direct his important comments on this debate through me to the chair and Senator Scarr to desist from engaging in conversation across the chamber. Senator Sheldon, you have the call. Senator SHELDON: Through you, Chair—the consequences of the decisions you make are that you are putting people's lives directly at risk.

It means people will not be held to account. Now, I know there are good people on the opposite side, but you've got to understand the consequences of what you're doing. I'm saying this as a person who supported an administrator going into this union, who supports 60 people being put out and who supports those brave whistleblowers that have blown the whistle, including those people who blew the whistle on companies.

Those dodgy companies also have to be held to account in a lawless construction industry when there are lawless companies. It's quite clearly an issue about what's happening in that industry—an industry that has $320 million in stolen wages, an industry that is rife with sham contracting, an industry that has bad operators winning contracts over operators that do the right thing but can't compete.

That is the consequence of what you are doing. We go back to the great ABCC, which keeps being trotted back out, and any suggestion that they are a solution, but we know that they have not been a solution. We know that the culture and some of those issues still exist and will continue to exist.

Don't forget: we were all in here saying it was going to take a number of years for administration to be in place. In fact, I remember people across the way saying that it needed to be longer. In those discussions, we came to a conclusion about the administration period.

You knew at the time—and you really know now—and I know that it's going to take time. But, if you're going to come here, start taking on some of those bosses that are putting people's lives at risk. Don't make it easier for them by saying you can't videotape or hold them to account, and don't then spread it to every union in Queensland, which is the ultimate aim of what this opposition wants to do.

They want to turn around and make sure that this ideological battle continues, because that's the only thing that unites them when they're so disunited. You are putting people at direct risk by not taking the right steps of backing the administrator and rightly asking questions about what the administrator is or isn't doing. Do it in an appropriate, proper way, rather than spending your entire time saying the King's Counsel is the wrong person, the wrong organisation and the wrong place to settle the changes that are needed in this industry.

You agreed it will take a number of years, because it's a cultural change. It's a cultural change that they have put in place, not just a few union members. When you say 'the CFMEU' now, you're talking about the administrator.

You're talking about all those constructive, thoughtful people that are actually involved in working at the CFMEU. That's what you're actually talking about when you talk about how you want the ABCC back. You want that back.

That's what you've been saying in your speeches. That's what you're consistently saying and said again when this motion was brought forward. That's what it is about.

Senator Hume: Give it some teeth. Senator SHELDON: I will take that point—'some teeth'. What?

More toilets, more flags and more officials having tea in tea rooms as issues? There were no 60 people that were put out, there were no 500 complaints that were dealt with and there was no taking on these gangster companies under the ABCC. It's a lie to say it's anything other than—sorry, I withdraw that.

It is inappropriate to say it was anything other than a farce.