Jobs minister Michaelia Cash has been re-issued with a subpoena by the Federal Court over the leak to the media of the Australian Federal Police (AFP) raids on the Australian Workers' Union (AWU) offices in October last year.
The subpoena for Cash, as well as her former media adviser David De Garis and former Fair Work Ombudsman official Mark Lee, were first issued in March.
They have been re-issued after the case was delayed due to the AFP investigation into the leak. BuzzFeed News understands the AFP investigation is ongoing.
The AWU told BuzzFeed News that it has again served documents on the solicitors representing Cash, De Garis and Lee to appear in court for oral evidence on August 1.
“We have long believed last year’s raid – and the investigation itself – to be unlawful," AWU national secretary Daniel Walton said.
“We think it’s vital 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.”
After not appearing in Senate Estimates on Wednesday morning, Labor senators attempted to call back Cash to talk about the subpoena.
"Minister Cash is here, and I'd like to ask her some questions about that, is there any chance we can get her back up?" Labor senator Doug Cameron asked.
Assistant minister Zed Seselja said he was there to represent minister Craig Laundy, not Cash, and was not her "diary secretary".
Cash is still in parliament, and Labor senator Murray Watt pointed out Cash had appeared at an event with Liberal MP Ann Sudmalis.
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Labor is pushing for the Education and Employment Committee to recall Cash to give evidence. The committee resolved to invite Cash back.
Shadow employment minister Brendan O'Connor told journalists that Cash had a responsibility to appear at Senate Estimates.
"She needs to explain herself. It is a matter that is unresolved. The minister has an extra obligation beyond that of just a citizen of this country — beyond that, she needs to comply with ministerial responsibility."
BuzzFeed News revealed in October that Cash's former senior media adviser David De Garis had tipped off several media organisations about the raids, and in February a journalist claimed they had received a phone call from then justice minister Michael Keenan's office informing them of the raids before they took place.
The raids were part of an investigation by the Turnbull government–established watchdog, the Registered Organisations Commission, into donations made by the union over a decade ago, when it was led by current Labor leader Bill Shorten.
Cash denied her office had had any involvement in the leak five times in Senate Estimates last year, before announcing De Garis was behind it. After admitting he'd tipped off the media, De Garis resigned.