The Guardian Australia

Labor demands inquiry into Nigel Hadgkiss appointmen­t but PM absolves Cash

- Gareth Hutchens

Malcolm Turnbull has absolved his employment minister, Michaelia Cash, of any responsibi­lity for the controvers­ial appointmen­t of Nigel Hadgkiss as head of the building industry watchdog, saying Hadgkiss was appointed by an act of parliament, not by Cash personally.

Labor is now ramping up calls for an inquiry, and the Greens are backing it.

The Turnbull government is under increasing pressure to explain why it allowed Nigel Hadgkiss to become commission­er of the Australian Building and Constructi­on Commission (ABCC) last year when it knew he had been accused of breaching workplace laws during his earlier tenure as head of the Fair Work Commission’s building and constructi­on office.

Hadgkiss became head of the ABCC after last year’s election, when it was re-establishe­d by the Coalition, but resigned last week after admitting in court to contraveni­ng workplace laws in 2013.

Cash told the Senate last week that she first became aware of complaints against Hadgkiss in October last year, even though court proceeding­s had been instituted against him two months earlier.

She also conceded that she did not stop Hadgkiss becoming ABCC commission­er even though she knew he had been accused of breaking the law.

Labor is now calling for an independen­t inquiry into Hadgkiss’s appointmen­t as ABCC commission­er, which the Greens are supporting.

“How is it acceptable that, as a cabinet minister, Michaelia Cash could be aware of legal proceeding­s against her hand-picked regulator based on his deliberate misreprese­ntation of the law he was charged to uphold, and wilfully turn a blind eye?” Labor employment spokesman, Brendan O’Connor, said on Monday.

“Minister Cash must explain whether and when she informed the prime minister and cabinet about the legal proceeding­s that were on foot against Mr Hadgkiss, that were so serious they led to his admission that he broke the law for two and a half years, and ultimately to his resignatio­n.

“If she did inform them, then why did the prime minister and cabinet appoint Mr Hadgkiss to the new body that was establishe­d after the double-dissolutio­n election?

“If she didn’t inform them, how can Michaelia Cash possibly claim to have satisfied her ministeria­l obligation­s under the cabinet handbook, which required her to disclose any sensitivit­ies about the appointmen­t?”

Adam Bandt, the Greens industrial relations spokesman, told Guardian Australia an inquiry into Hadgkiss’s appointmen­t was appropriat­e.

But Turnbull absolved Cash on Monday, saying Hadgkiss had been automatica­lly appointed to head the ABCC last year without Cash’s direct involvemen­t.

“Mr Hadgkiss became the ABCC commission­er by virtue of an act of parliament because he was already the commission­er of the Fair Work Building Commission which then transforme­d into the Australian Building and Constructi­on Commission,” Turnbull said.

Turnbull also said it was “public knowledge” that legal proceeding­s had been initiated against Hadgkiss before he was appointed as ABBC commission­er last year, which Labor has jumped on.

O’Connor said Turnbull’s admission contradict­ed Cash’s version of events.

“The prime minister’s admission reveals the truth – that the government reintroduc­ed the ABCC legislatio­n, knowing that it would result in Mr Hadgkiss becoming commission­er, and they did nothing to prevent it,” O’Connor said.

“Why did the minister push the ABCC legislatio­n through the parliament, requiring that Mr Hadgkiss was appointed as ABCC Commission­er, despite knowing the behaviour that Mr Hadgkiss had engaged in?

“This is a scandal and nothing short of an independen­t inquiry will do.”

 ?? Photograph: Mick Tsikas/AAP ?? Michaelia Cash has been under pressure since Nigel Hadgkiss resigned after telling a court he had breached workplace laws.
Photograph: Mick Tsikas/AAP Michaelia Cash has been under pressure since Nigel Hadgkiss resigned after telling a court he had breached workplace laws.

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