CFMEU says video refutes ABCC assault claim

CFMEU accuses of the ABCC of trying to influence the federal election result by “telling lies” about the alleged assault of a female health and safety manager

Footage of a clash between CFMEUofficial Gerald McCrudden and female health and safety manager at the Mordialloc Freeway project in Victoria in 2021.

The construction union has ­accused the Coalition’s building watchdog of trying to influence the federal election result by “telling lies” about the alleged assault of a female health and safety manager by a CFMEU official.

Dave Noonan, the union’s construction division national secretary, released video of the ­incident that he said disproved damaging claims made by the Australian Building and Construction Commission about the conduct of official Gerald McCrudden.

Ahead of the election being called, the ABCC launched legal action against the CFMEU and Mr McCrudden for allegedly disrupting a concrete pour, repeated verbal abuse and for twice making physical contact with the ­female health and safety manager at the Mordialloc Freeway project in Victoria last year.

According to its statement of claim, the ABCC alleged Mr McCrudden while exercising right of entry, “walked directly into and pushed past a female health and safety manager which caused him to make physical contact with her”.

It alleges “that after the female manager followed Mr McCrudden onto the site, he cocked his elbow and hit her in her side with his elbow and shoulder”. “The manager said, ‘don’t touch me!’,” it says.

In the video recorded by Mr McCrudden, and seen by The Australian, he disputes claims by the manager that a footpath next to the project is closed, and accuses her of blocking his access.

He films an approaching pedestrian on the footpath. “There’s a pedestrian coming now. You are a bad, bad liar … you are a disgrace, that’s what you are. You are a liar and a disgrace.”

Manager: “Please don’t speak to me like that.”

McCrudden: “That’s how you deserve to be treated. Member of the public walking through a closed footpath.

He accuses the manager of “trying to stand over me, trying to block me from walking in a public space. You’re a disgrace”.

Manager: “You’re worried about a girl standing in front of you standing over you mate?

McCrudden: “It doesn’t matter what you are.”

The alleged physical clash is not shown in the video but the manager is heard saying “please don’t ever touch me. Do not touch me. I just asked you. You just touched me. Do not do that.”

The video again shows the manager as Mr McCrudden continues to dispute whether the footpath is closed.

“This is what I have to put up with every time I come to this job. This lady here is just trying to stand in my way telling me to get stuffed and anything that I try to bring up about safety, she’s more interested in industrial relations than she is about safety.” As he makes the comments, the manager is smiling.

Mr Noonan said the video disproved the ABCC’s most serious allegation that Mr McCrudden cocked his elbow and hit the manager in her side with his elbow and shoulder.

“The video proves that the ABCC is telling lies,” he said. “There’s no evidence of an assault there at all.

“They are telling the Australian public lies and, in particular, they are telling lies to try and ­influence a federal election. They are doing it in lockstep with the Master Builders.”

But ABCC deputy commissioner Matt Kelleher said the agency had a signed witness statement by the manager supporting all the allegations made in the ABCC’s statement of claim.

“The agency files proceedings only where we have reasonable prospects of succeeding,” he said. “This case is no different.”

In the statement of claim, the ABCC says after the alleged assault, Mr McCrudden said to the manager, “everyone hates you, you’re pathetic.”

When the manager accused Mr McCrudden of putting words in her mouth, Mr McCrudden responded by saying, “I would never put anything in your mouth, you’re disgusting.”.

This alleged exchange does not appear in the video released by the CFMEU and Mr Noonan declined to comment on them, saying the release of the video was about disproving the most serious allegation”