Australian Workers Union raids: Federal Court issues subpoena to Michaelia Cash

JOBS Minister Michaelia Cash has hit back at an attempt to force her to front court over the AWU office raids, saying this is the third time she has been subpoenaed on the matter.

MICHAELIA Cash has decribed an attempt to force her to front court over AFP raids on the Australian Workers Union offices as a “stunt”.

The Federal Court this morning issued a subpoena requiring the federal Jobs and Innovation Minister to appear in court in Melbourne in August.

Subpoenas for the Minister have been issued at the request of the AWU twice before, in December and March, and have been set aside by the court both times.

Senator Cash confirmed today she had directed lawyers to request that this third subpoena, also requested by the AWU, be set aside.

Michaelia Cash appears in front of the press to address the subpoena she was issued in relation to raids on the AWU offices. Picture: Sky News

“It does not surprise me that the AWU is trying this tactic again,” she told reporters at Parliament House.

She denied there was any attempt at a cover up.

“I am absolutely not covering up. I am standing here at this point in time, how many journalists are here? Fifteen, 20 of you? I am on national television as we speak. I am absolutely making myself available.”

In a fiery press conference, the senator also addressed the extraordinary scenes of her being hidden from cameras in Parliament House behind a whiteboard.

“Can I be very clear, I had nothing to do with the whiteboard,” she said.

“Do you think you were surprised? You should have seen the look on my face. I was the one who was surprised.”

Australian Jobs Minister Michaelia Cash walks behind a whiteboard as she arrives at Senate estimates at Parliament House in March. Picture: Supplied

Senator Cash said Parliament Security had taken full responsibility for using a whiteboard to shield her from media earlier this year.

“I had nothing to do with it. My office had nothing to do with it. That was something that the Department of Parliamentary Services took upon themselves,” Senator Cash said.

Senator Cash hit out at Opposition leader and former AWU boss Bill Shorten, saying he had questions to answer, not her.

She said the AWU had refused to provide evidence about donations made to activist group GetUp! when Mr Shorten was the national secretary.

The donations were the basis of the Australian Federal Police’s raid on the union offices in October.

“Today is just another effort by the union movement to protect Bill Shorten,” she said.

Senator Cash also rejected calls for her to front estimates today, saying the relevant minister was Craig Laundy, not her.

Prime Minister Malcolm Turnbull faced a Labor attack in Question Time over Senator Cash’s refusal to attend court over the matter.

IF Minister for Jobs Michaelia Cash has nothing to hide, where is she? Picture: AAP Image/Mick Tsikas

“If Senator Cash has nothing to hide from the Federal Court, why doesn’t she show up?” Deputy Opposition leader Tanya Plibersek asked.

Mr Turnbull responded that the Labor Party’s “determination” to distract from the AWU doing “everything they can to cover up the payment of $100,000 to GetUp! without authority” was “extraordinary”.

He added in response to another question from Ms Plibersek that Senator Cash was entitled to seek to set aside a subpoena “if it is judged not relevant”.

He hit back with an attack on Opposition leader Bill Shorten, saying it would be a “serious act of misconduct” if Mr Shorten in his time as AWU secretary signed off on the donation to GetUp! without authority.

“Now the union has taken action to stop the Registered Organisations Commission investigating this. And the question is why?” Mr Turnbull said.

“Because it would very easy to prove ... All they would need is the minutes of the meeting, duly attested and approved and that would demonstrate that the payment was made with authority. Why hasn’t it been produced?”

CASH ISSUED WITH SUBPOENA

The comments come after the Federal Court this morning issued a subpoena requiring the federal Jobs and Innovation Minister to appear in court in Melbourne in August.

Subpoenas for the Minister have been issued at the request of the AWU twice before, in December and March, and have been set aside by the court both times.

It’s understood the Minister will again apply to the court to have this subpoena set aside.

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Cash’s office was criticised for tipping off media about AFP raids at AWU Sydney and Melbourne offices. Picture: AAP/Kelly Barnes

Australian Prime Minister Malcolm Turnbull and Minister for Jobs and Innovation, Senator Michaelia Cash at a press conference. Picture: AAP/Dan Peled

Senator Cash’s staffer David De Garis, who has also been issued with a subpoena, stepped down late last year after admitting to tipping off reporters that Australian Federal Police raids on AWU offices in Sydney and Melbourne were imminent.

Reporters were on the scene when AFP officers arrived.

The Minister has repeatedly said she was unaware of Mr De Garis’ actions.

It’s understood the AWU wants the court to throw out a Registered Organisations Commission investigation into donations by the union to the activist group GetUp.

An AFP investigation into the media tip off is underway.

Minister Cash did not appear before a Parliamentary budget estimate hearing in Canberra this morning.

The committee of senators conducting the hearing is now requesting she appear before it to give evidence.

Shadow Employment Minister Brendan O’Connor told reporters in Parliament Minister Cash’s position was becoming “untenable” and the Prime Minister needed to consider her position.

He accused the Minister of “hiding” and not answering questions regarding the raids and the extent of her knowledge about the media tip off for seven months.

“Quite frankly, she should have taken responsibility for the conduct of her office seven months ago and resigned which would have been consistent with the Westminster principles of responsibility and she refused to do so,” he said.

David De Garis, who admitted to tipping off the media, has also been issued with a court order.

Regarding her absence from estimates this morning, Mr O’Connor said: “It has got to the point where she is not even attending Parliament to do her day job. If she can’t do her day job then surely the Prime Minister has to act.”

In February, AFP officials told Parliament anyone found guilty of tipping off media to the police raids faces two years’ jail.

Mr De Garis has been ordered to appear on August 1, along with Minister Cash and Registered Organisations Commission employee Mark Lee.

Mr Lee was assisting with media on the day of the raid.

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ROC official Chris Enright has also been subpoenaed to give evidence on August 1.

The AWU has requested subpoenas for all four before.

They have been set aside both times.

“We have long believed last year’s raid – and the investigation itself – to be unlawful,” AWU National Secretary Daniel Walton said in a statement today.

“We think it’s vital for the Court is assisted by the evidence of witnesses who we believe are relevant to the issues in the case. That is why we sought subpoenas.

“If we are to understand exactly what happened then we believe the testimony of these individuals is critical.”

The AWU is contending that the ROC investigation and the AFP raids were unlawful.

The union believes the raids were politically motivated and wants Senator Cash and the ROC official to front court to further explore the matter.

The matter will be heard before Justice Mordy Bromberg in a three-day trial from August 1.