Michaelia Cash loses AWU court fight

Michaelia Cash has lost a legal bid to avoid handing over documents linked to raids on the Australian Workers’ Union.

Senator Michaelia Cash. Picture: AAP.

Michaelia Cash has lost legal action designed to avoid handing over documents related to Australian Federal Police raids on the Australian Workers’ Union.

Federal Court justice Mordecai Bromberg today dismissed applications by Senator Cash, her former adviser, David De Garis, the Fair Work Ombudsman and FWO staffer Mark Lee to have subpoenas set aside.

While Senator Cash will not have to hand over all documents, she will have to produce a range of communications sought by the AWU in relation to investigations by the Registered Organisations Commission

The AWU is seeking to have the raid search warrants and the commission investigation declared invalid, arguing the decision to conduct the probe was made for an “improper political purpose”.

Senator Cash will be required to produce documents concerning communications between her and her office and the commission in relation to the AWU investigation.

Senator Cash and Mr De Garis agreed to produce documents made between August 1 and October 20, the latter date being when the decision was made to conduct the investigation.

They objected to producing documents made between October 21 and October 31. But the AWU argued that any communication taking place after the decision was made might reveal the purpose for the decision.

Justice Bromberg said they should be produced as there was a reasonable basis for thinking documents made in this period were of “apparent relevance”.

Maurice Blackburn Lawyers Principal Josh Bornstein, who is acting for the AWU, welcomed the court decision, and said Senator Cash, the ROC and others had continued to try and block access to key documents for months.

Mr Bornstein said the court had found that a number of documents sought by the union may be relevant, and that these should be handed over because they are relevant ‘to the AWU’s legitimate forensic purpose of demonstrating that the decision to initiate the investigation was motivated by the political purpose alleged or was directed by the Minister’.

“We first requested all documents, including records of phone calls, between Minister Cash and her office and the ROC in October. Since that time, at every turn we have seen Minister Cash, the ROC and others involved in this matter seek to thwart scrutiny of their role in the disgraceful raids on the AWU by federal police,” Mr Bornstein said.

“If the Minister, her former adviser and the ROC and have nothing to hide in this matter, then why seek to take every avenue possible to block access to documents?

“It is also noteworthy that the Court criticised ‘the reliability of the information provided by the FWO’ to the Federal Court

“It has taken an order from the Court to force their hand. The Court’s orders mean that we are moving closer to establishing the truth behind this investigation and the police raid.”

Opposition workplace relations spokesman Brendan O’Connor said Senator Cash could no longer hide from proper scrutiny over her and her office’s involvement in the ROC investigation and AFP raids on the AWU.

“The Minister has refused to produce documents in response to Senate orders, or to answer Senate questions, using the AFP investigation into her office and this Federal Court case as the excuse,’’ he said.

“With today’s Federal Court decision, the time has come for the Minister to explain the role she and her office played in the ROC investigation. It’s time for Minister Cash to finally reveal the truth.”