Steven Miles and ex-Labor ministers apply for legal indemnity in CFMEU probe

Former Queensland Labor ministers – including Opposition Leader Steven Miles – have applied for taxpayer-funded legal representation at the CFMEU inquiry.

Former CFMEU state secretary Michael Ravbar at a protest outside parliament. Picture: Liam Kidston

Former Queensland Labor ministers – including Opposition Leader Steven Miles – are seeking taxpayer funding to cover their legal bills for the commission of inquiry into the CFMEU and misconduct in the construction industry.

In a sign of the political direction the inquiry may take when it continues next year, The Australian understands several senior Labor ex-government ministers have engaged lawyers to represent them at the inquiry, and will seek formal legal indemnity of their costs from LNP Attorney-General Deb Frecklington.

The commission of inquiry, ordered by LNP Deputy Premier Jarrod Bleijie in late June and headed by senior barrister and LNP donor Stuart Wood KC, has the power to force the attendance of witnesses and compel the handover of documents.

Announcing the inquiry, Mr Bleijie described it as “Labor’s Fitzgerald moment”, referring to the landmark Fitzgerald Inquiry into police and political corruption under long-term Nationals premier Joh Bjelke-Petersen in the late 1980s.

At the same time, Ms Frecklington said the inquiry would investigate the culture and actions of the CFMEU, “allowing Queenslanders to know and understand the true extent of their impact and influence on Queensland’s industrial relations and politics”.

Australian Workers Union Queensland secretary Stacey Schinnerl gives evidence before the CFMEU inquiry. Picture: Annette Dew

Australian Workers Union state secretary Stacey Schinnerl revealed to last week’s hearing that she had warned then Labor ministers Mark Bailey and Mick de Brenni about the Palaszczuk government’s controversial planned Best Practice Industrial Conditions arrangements for govern­ment projects over $100m.

Ms Schinnerl gave evidence that at a March 4, 2021, meeting between AWU senior officials and the transport and procurement ministers, she told Mr Bailey and Mr de Brenni the proposed BPIC could be unlawful under federal workplace laws and might be misused by the CFMEU for their own financial and industrial advantage.

“At that meeting, ministers Bailey and de Brenni informed us that BPIC would be retrofitted in some way over the (Gold Coast Light Rail project), and that they would develop a specific schedule which would apply,” Ms Schinnerl said.

“I responded by warning the ministers that I considered them to be on tenuous ground, because the Fair Work Act governs the way employment terms and conditions are set. One of the ministers responded to the effect that they had Crown Law advice to the contrary, but would not produce it when asked.”

The Courier-Mail on Tuesday reported leaked cabinet and Crown Law documents from the Labor government in 2020 that suggested the BPIC could breach federal Fair Work laws.

The Australian understands former Labor ministers including Mr Miles, Mr de Brenni, former IR minister Grace Grace and transport minister Bart Mellish have all applied for legal indemnity. Government guidelines for indemnities and legal assistance allows for current and former ministers and assistant ministers to have legal costs reimbursed by the taxpayer for inquiries or investigations including commissions of inquiry that relate to ministerial duties.

The Attorney-General is the decision-maker but has not yet responded to Labor’s requests. A spokeswoman for Ms Frecklington said she would “always seek Crown Law advice when considering indemnity applications”.

“Decisions in relation to indemnity applications are made in accordance with the Ministerial Handbook guidelines for the grant of indemnities,” she said.

An opposition spokesman said former ministers were entitled to a grant of legal assistance relating to their ministerial duties and such applications were “appropriate and consistent with past practice”.

“The Crisafulli LNP government has established two commissions of inquiry with the terms of reference for both inquiries referring to decisions of former ministers and previous governments.”