Watch live: Royal commission hearings
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CFMEU ‘more militant’ in Victoria
Another industrial relations manager at major contractor John Holland has told the Big Build royal commission the company believed it needed to show an ability to work with the CFMEU in Victoria more so than any other jurisdiction thanks to the union’s close relationship with the state Labor government.
Trent Smith, the second witness to appear today, said the CFMEU was “more militant” in Victoria and Queensland but the company felt it needed to maintain a good relationship with the union pushed into the civil construction sector.
Commissioner Chris Kourkais asked: “Was it a view linked to a particular government that is party politically linked?”
Smith replied: “It was more so in Victoria that we thought we needed to demonstrate an ability to work with the CFMEU, absolutely. But it did play out in Queensland as well.”
The commission has now adjourned for lunch and will return just after 2pm.
Beirne says abolishing ABCC lessened deterrent
John Holland’s industrial relations manager Stephen Beirne has finished up his testimony to the Big Build royal commission.
Counsel assisting Tim Jeffrie concluded his questioning by asking him about the impact of the federal Labor government’s abolition of the controversial Australian Building and Construction Commission in February 2023.
Beirne responded: “I think [there’s] less of a deterrent for permit holders and … organisations subject to the Fair Work Act for breaching provisions of the Act.”
The lawyer for former CFMEU heavyweight Joe Myles also briefly cross-examined Beirne about a pivotal meeting at the union’s headquarters.
The industrial manager repeated that he couldn’t remember the exact words used in the discussion some four and a half years ago.
John Holland IR manager recalls key meeting
John Holland’s industrial relations manager has recounted a meeting with key CFMEU figure Joe Myles about the troubled Gap Road level-crossing removal after the union disrupted the project.
The events of the June 7, 2022 meeting have been the subject of focus for the commission over the week.
Stephen Beirne just told the Big Build royal commission it was a “pretty tense meeting” when he travelled with fellow construction managers to the CFMEU’s headquarters on Elizabeth Street.
“There wasn’t a lot of small talk or niceties exchanged,” Beirne said.
John Holland witness noted mounting incidents at Gap Road
Following the commission’s spray at the government, the inquiry heard from its first witness for the day, Stephen Beirne, an industrial relations adviser from John Holland.
He described how the CFMEU was attempting to expand its coverage areas on projects at the expense of the Australian Workers Union.
By the time he joined the alliance building rail projects in Melbourne’s north-west, he said CFMEU had agreements with the “vast majority” of subcontractors.
He started to become “more involved” in Gap Road in about May of 2022.
Beirne said he was asked in early June of that year to prepare a discussion paper in response to a ramping-up of industrial incidents at Gap Road.
In that paper, he noted that a number of other large contractors has signed workplace deals with the CFMEU.
Commissioner criticises government for disrupting inquiry’s work
Commissioner Chris Kourakis has demanded better co-operation from agencies involved in the Big Build royal commission after the Victorian Infrastructure Delivery Authority (VIDA) was criticised this morning for its inadequate production of documents, which prompted an apology from the agency’s lawyer.
Counsel assisting Chris Young, KC, started today’s hearing by saying delays from state government entities had “already interrupted the intended timetable of this hearing session”.
He noted that imprisonment was a sanction available for those who failed to comply with the commission’s compulsory powers, and “more robust measures” could be taken if state agencies did not adhere to their obligations.
“Can I say that it is profoundly disappointing in light of everything that’s been said by the premier of this state about the importance of this commission, about the importance of its work, and about the co-operation it will receive from the state, that state entities and senior current and former state officers and employees only engage with this commission when compelled to do so, and seem otherwise content to do nothing unless compelled,” Young said.
Premier ducks royal commission questions
Premier Ben Carroll has again refused to answer questions about the royal commission after revelations the CFMEU had a direct line to a minster’s office, and claims the government had only engaged with the commission when it had been compelled to.
“I’m not going to comment on the royal commission,” Carroll said.
“What I will say, [is that] I set this royal commission up … so those questions will be answered fully as they should be.”
As we’ve reported earlier here, counsel assisting Chris Young, KC, said that it was “profoundly disappointing, in light of everything that’s been said by the premier of this state, that state entities only engage with this commission when compelled and seem otherwise content to do nothing”.
In response Carroll said: “I’m not going to run a commentary on it, except to say there are broad powers.”
A look at the redactions
Here’s a look at some of the redactions that prompted complaints from counsel assisting Chris Young, KC.
These are extracts from a notebook belonging to VIDA executive Evan Tattersall. The first one was specifically mentioned by Young as being of relevance to the inquiry, appearing to note that an Aboriginal employment firm had been forced out of business.
Use the slider graphic below to see the document with and without the redactions.
This next section relates to a key period around June 6, 2022.
Setka bemoaned losing ‘asset’ in Andrews’ office
Disgraced former CFMEU leader John Setka – who was yesterday stripped of his union membership – once described an adviser to former premier Daniel Andrews as “a good asset to the union”, the Big Build royal commission has heard.
Counsel assisting Chris Young, KC, mentioned ex-staffer Matthew Toner this morning as he criticised the Victorian Infrastructure Delivery Authority (VIDA) for its failure to produce documents appropriately to the commission as it explores the CFMEU’s disruption of the Gap Road level crossing removal.
Relevant text messages disclosed only on Tuesday referenced Toner in discussions about the troubled project, Young said.
The barrister did not tender the messages immediately as steps were still being taken to get evidence from Toner and former senior VIDA staffer Matthew Phelan.
Texts linking former Andrews adviser to Gap Road withheld from inquiry
Text messages have linked an adviser to former premier Daniel Andrews to the troubled Gap Road level-crossing removal, the Big Build royal commission has heard.
Counsel assisting Chris Young, KC, this morning said the Victorian Infrastructure Delivery Authority (VIDA) had only disclosed the existence of text messages on Tuesday.
“Those messages included reference to the PPO, which we understand to be a reference to the premier’s private office, and some named individuals,” Young said.
“Steps are now being taken to secure evidence from those persons. For those reasons, I am not tendering those text messages now, but we will in due course.
“The two individuals are Mr Matthew Toner and Mr Matthew Phelan. Mr Toner was, as we understand it at the time, an adviser to the premier Daniel Andrews. Mr Phelan was the chief of staff to Corey Hannett, the director general of VIDA.”
Phelan’s subsequent role as Allan’s chief of staff when she was premier was not mentioned by Young.
Watch: Counsel assisting blasts government for obstruction
Counsel assisting Chris Young, KC, has strongly criticised the government over its treatment of the commission and its requests for information.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: www.smh.com.au
