Credlin

Shadow Minister for Workplace Relations, WA liberal, Michaelia Cash. Senator, the politician of course I’m talking about here is the federal Attorney General Mark Dreyfus. And the big winner here, not the taxpayer. It’s the CFMEU. Now take us through what you’ve uncovered.

Senator Cash

Well Peta great to be on the show. So much for putting in place the integrity and transparency that this government trumpeted before they were elected. The ABCC won this particular case, as you said, the cost order was put in place by a judge of the Federal Court of Australia. In fact, Peta, I’ve got the costs order here. The ABCC estimated the costs that they had incurred on behalf of the Australian taxpayer in defending this case was in excess of $400,000. They wrote to the Attorney General, and they asked him if they could pursue on behalf of the Australian taxpayer reasonable costs to the tune of $150,000 against the CFMMEU, who had lost the case. And as you said, Peta, the Attorney General of Australia said, no. Mark Dreyfus needs to front the Australian people and clearly explain why he has refused to allow what is now the former Australian Building and Construction Commission to pursue a costs order issued by a judge of the Federal Court against the most militant union in Australia, the CFMEU, who lost the case. And Peta, I think you and I both know the answer to that question.

Credlin

Well, are you concerned, though, that this could be linked to the fact we learned last week from the Electoral Commission? This is via the disclosures that the CFMEU and of course, Dreyfus is a Victorian based politician, and they are the most militant and powerful in Victoria. It donated almost four and a half million dollars to Labor last year, is that the next?

Senator Cash

It is absolutely gobsmacking. It is a well known fact that the Labor Party and the unions work hand in hand. It is a well known fact that the unions in Australia and in particular, the CFMMEU, are one of the biggest financial donors to the Australian Labor Party. And as you said last week, we found out that the CFMMEU, alone in the last financial year, donated $4.3 million to the Australian Labor Party. And then you have the Attorney General of this country, saying to the Australian Building and Construction Commission, you are unable to pursue the CFMMEU for costs that a judge of the Federal Court of Australia has ordered that they pay. The Australian taxpayer quite frankly, they themselves can put one and one together. I would say that the Attorney General of Australia has very, very serious questions to answer.

Credlin

So what happens next? Because you had to find this out by an FOI, it’s not as if the Attorney General was upfront about this waiver. Where does it go now?

Senator Cash

Well, it’s interesting, Peta, because I just asked some questions at the last Senate estimates. And it was very interesting, because I asked the Attorney General’s department had the Attorney General himself signed off on any waivers of cost orders. The answer I got was no. They then had to come back and correct the record. Because the answer, as we now know, was actually yes. So in the first instance, I can assure you I’ll be pursuing that at the next estimates hearing next week. I also asked the Department of Workplace Relations, if they are aware of any cost orders been waived, in particular in relation to the ABCC. The minister at the table, Murray Watt was quite extraordinary in his answer, because basically, you see, they don’t like the ABCC. They didn’t agree with the law that was in place at the time, and they changed the law. The last time I checked, Peta, you actually act in accordance with the law that is in place at the time. The CFMMEU lost this case, a judge of the Federal Court of Australia said you’re lost in the normal course of events, you now need to pay the costs of the ABCC because the case was in their favor. The ABCC did the right thing, it said we’ll negotiate costs. We won’t go after the $400,000 costs that we actually expended we will be reasonable. They asked for permission from the Attorney General to seek on behalf of Australian taxpayers. $150,000. And the Attorney General of Australia says, No. That is absolutely extraordinary behavior, given as you said last week, we find out the CFMMEU gave $4.3 million to the Australian Labor Party in the last financial year. The Attorney General of Australia has questions to answer and yes, I will be pursuing them at estimates.

Credlin

I’d say watch out Attorney-General. Michaelia Cash, thanks.