Bikie enforcer kept senior CFMEU role despite assault charges

The CFMEU assigned a senior Bandidos bikie enforcer to work as a union organiser on major Victorian government construction projects and to sit on the governing board of the John Setka-led union branch, a role he was allowed to keep even after he was charged over a violent assault.

Marty Albert, who is facing charges over a pub bashing in Geelong with two other senior Bandidos bikies last year, quit the CFMEU Victoria’s management committee on July 12. That was a day before this masthead, The Australian Financial Review and 60 Minutes published the Building Bad investigation into the union and its infiltration by bikies and organised crime, and the same day Setka resigned.

Marty Albert was profiled in a CFMEU member magazine in 2018.Credit: CFMEU Victoria

Fair Work Commission general manager Murray Furlong pointed to Albert’s resignation as evidence of the union’s “limited” response to the claims in the media reports, according to court documents filed last week to force the CFMEU into administration.

Separately, Health Services Union national secretary Lloyd Williams called for the boss of its largest Victorian branch to step aside while claims of corruption, published by this masthead on Tuesday, were investigated. The head of that branch, Health Workers Union secretary Diana Asmar, has told the HSU she strenuously denies the claims.

“The Health Services Union is deeply concerned by the reports and allegations made against [Asmar] by the Fair Work Commission and reported in the media,” Williams said in a statement on Wednesday.

“HSU has no tolerance for alleged misuse of union funds and takes the allegations of misconduct, as put to us by the Fair Work Commission and reported in the media, very seriously.

Health Workers Union secretary Diana Asmar has been urged to step aside while allegations are investigated.Credit: Luis Enrique Asqui

“We believe that to protect the interests of our members, Diana Asmar should step aside from all union positions and have no ongoing or influential role in the branch while an investigation takes place. This is the unanimous position of the HSU national executive.”

Albert is the second CFMEU official with criminal links revealed to have sat on a CFMEU governing board, after this masthead reported site delegate Simon Gutierrez, who spent time in prison for drug dealing, is on the CFMEU NSW committee of management.

The revelation comes as the federal opposition prepares to move next week to initiate a Senate inquiry into the CFMEU and the consequences of its alleged misconduct on government-funded building and housing projects. The opposition also wants the inquiry to look into whether anti-racketeering laws similar to those used to combat organised crime in the United States are needed.

Albert is facing charges over a pub bashing in Geelong last year.Credit: LinkedIn

Albert, 44, acted as a CFMEU delegate in Brisbane before moving to Victoria in late 2018 for a job as an organiser. He was appointed to the Victorian branch’s committee of management in 2021.

A CFMEU member magazine profile of Albert when he started as an organiser noted that “getting out his Harley is important for Marty”.

He was described as the sergeant-at-arms of the Bandidos’ Melbourne chapter in proceedings in the Geelong Magistrates’ Court, where he has been charged with common law assault, affray and possession of methamphetamine.

The charges, laid by police late last year, relate to an alleged bashing at Manhattan Bar involving Albert and two other senior Bandidos – the sergeant-at-arms of the Ballarat chapter and the president of the Melbourne chapter.

The alleged assault by the trio left one man with a partially paralysed face while a second man was left with numerous injuries including a bite mark to his cheek.

Police will allege the attack on the two men was unprovoked and the parties were not known to each other.

Albert’s charges are set for a contest mention hearing on August 20 where the strength of the evidence against him will be assessed. Neither Albert nor his lawyer could be reached for comment.

Meanwhile, Nationals Senate leader Bridget McKenzie and federal opposition industrial relations spokeswoman Michaelia Cash will on Monday give notice to refer misconduct claims in the building industry to the rural and regional affairs and transport references committee.

The inquiry, which would need majority Senate support, would have powers to produce documents, hold private hearings, require the attendance of officials and provide protections of parliamentary privilege – powers the Fair Work Commission may not have as part of its potential administration of the CFMEU.

“This is a once-in-a-generation opportunity to expose the extent of the criminality and corruption in the building industry and the awarding of public infrastructure projects,” McKenzie said.

“Given the impotency of the Fair Work Commission, the parliament can use its powers to provide the protections of privilege, in camera hearings and an ability to subpoena witnesses.”

The proposed terms of reference, with a potential report due by March 2025, include the effectiveness of Commonwealth regulation in preventing corruption, bullying, standover and other intimidation tactics in the building industry and the links between the CFMEU and escalating infrastructure and housing costs.

They also include assessing the need for anti-racketeering laws, which the FBI uses to crack down on organised crime’s infiltration of unions in the US.

Meanwhile, documents released by the Federal Court on Wednesday revealed the extent of the Fair Work Commission’s plans for a root-and-branch cleanout of the union, prompted by the allegations raised in the Building Bad investigation.

The court documents reveal the commission is seeking to vacate 300 current union positions in branches throughout the country, including the leadership team of national construction division secretary Zach Smith, construction president Jade Ingham, and national assistant secretaries Jason Jennings and Andrew Sutherland.

Victorian branch assistant secretaries Derek Christopher and Elias Spernovasilis, Victorian/Tasmanian division branch president Robert Graauwmans and NSW construction boss Darren Greenfield also face ejection. Twenty positions are already vacant and some office holders can have more than one title.

The commission is also seeking orders that all office holders surrender cars, building and security passes, credit cards, mobile phones and laptops, passwords and other access requirements for email accounts, social media accounts and other communication channels.

With David Estcourt