Michaelia Cash denies Shorten factor in AWU case

Michaelia Cash has denied the alleged involvement of Bill Shorten motivated her decision to refer the issue of AWU donations.

Michaelia Cash arrives at the Federal Court in Melbourne yesterday. Picture: AAP

Former employment minister Michaelia Cash has denied the alleged involvement of Bill Shorten motivated her decision to refer to the Registered Organisations Commission donations to GetUp by the Australian Workers Union.

In the Federal Court yesterday, Senator Cash also denied she had advance knowledge of raids on the AWU, insisting she first became aware of them when watching them unfold on television.

Lawyers for the AWU alleged Senator Cash, now Small Business Minister, had aimed to discredit, embarrass or politically disadvantage the Opposition Leader — AWU boss at the time — by referring the $100,000 in donations to the commission, and were given permission late yesterday to cross-examine her. Under questioning from barrister Caryn van Proctor, Senator Cash refused to acknow­ledge her conduct was politically motivated or that she was pleased by the commission’s decision to launch an investigation.

Late yesterday, Federal Court judge Mordy Bromberg ordered that Senator Cash’s former chief of staff Ben Davies be required to give evidence about any advance notice he had of the raids on the AWU, and media being tipped off about them. He was also ordered to give evidence about any conversations he had with Senator Cash in October 2017 about the advanced notice of the raids and the media being tipped off.

Mr Davies’s lawyer has argued that he should not be compelled to give evidence on the topics, as a certificate preventing his evi­dence­ being used against him in court proceedings did not apply to possible action by the Senate for contempt of parliament.

The court heard on Thursday that Mr Davies told police that Regis­tered Organisations Commission media adviser Mark Lee gave him advance notice of the raids.

During evidence yesterday, Senator Cash confirmed she had not been interviewed by the Australian Federal Police about the leak from her office. She said the AFP had asked her if she wanted to make a voluntary statement and she instead wrote a letter attach­ing evidence she gave to a Senate estimates committee.

The media was tipped off by her media adviser David De Garis, who was later forced to resign. She said the committee evidence was her “best recollection’’ of events and the AFP had not asked follow-up questions. Asked if she told the AFP Mr De Garis leaked notice of the raids to the media, she said “they did not ask”.

Senator Cash said she asked all her staff during an estimates break in 2017 if they had prior knowledge of the raids and if they had told the media. She said the answers were “no and no”. Mr De Garis told the court this week that Mr Davies had advance knowledge and had told him and he subsequently told the media.

Senator Cash told the court she first learned of the raids when watching them unfold on TV. She said she later became aware that Mr Davies had discussions with commission executive director Chris Enright in August 2017. She said she was not told at the time.

Mr Lee had been due to start work as a senior media adviser to Senator Cash in 2017. She ­confirmed she had interviewed him over the phone but after the controversy over the raids erupted he decided not to take the job.