CFMEU accuses commission of unjust dealings

The CFMEU has accused the trade union inquiry of unjust treatment ahead of three weeks of hearings from today.

CFMEU national secretary Michael O'Connor.

The militant construction union has accused the royal commission into trade unions of “unjust” treatment and a lack of “procedural fairness”, as it faces three weeks of hearings from today.

The commission will return its focus to the Construction Forestry Mining and Energy Union, probing allegations of bullying, “market manipulation” and unlawfu­l industrial action, having investigated Bill Shorten’s dealings on behalf of the Australian Workers Union last week.

However, in a letter sent on Friday, lawyers for the CFMEU warn that the coming proceedings in Canberra could be hampered by the commission’s solicitors allege­dly withholding crucial inform­ation, including the number and names of witnesses and the full timetable for the hearings.

“The procedural process adopt­ed ... is, with respect, unjust. It does not provide for any procedural fairness,” says the letter, signed by Slater and Gordon’s indust­rial and employment practice head Phillip Pasfield.

“It provides for timeframes that no court would adopt except in the most urgent of circumstances.”

He added: “In the circumstances, my clients cannot guarantee that statements in response will be provided to the commission by the timelines imposed.

“My clients of course will do their best to co-operate with the commission’s timetable but it is most unlikely that the timetable will be met.”

The union also complained of the financial burden of responding to the commission: “The CFMEU is a large organisation but it has limited resources to co-operate with the commission. It must be remembered a large amount of members’ monies have already been spent and are being spent in relation (to) meeting the commission’s requirements.”

It is understood the commission gave the union’s lawyers a list of witnesses last week but then added new names almost daily until late on Friday.

The commission’s lawyers responded last week, saying “the commission has striven to give you as much notice as it possibly can”. “The commission certainly appreciates the Canberra hearings will be extremely busy and will require­ some hard work from all involved to meet the time­tables … we fail to see any issues of proced­ural fairness arising in the matters you have raised,” the commission lawyers added.

Last week, protesters marched on the offices of the CFMEU’s ACT branch in Dickson, reportedly complaining that contractors were being intimidated on worksites. The CFMEU in turn has complained to the Fair Work Ombuds­man about corruption among contractors in the formworking industry, and has pointed to instances of poor safety on worksites.

One of the witnesses called to appear before the commission in the coming weeks is Zvonimir Seselj­a, who works for an ACT construction firm and is the brother of Liberal ACT senator Zed Seselja.

Another witness, John Nikolic, industrial relations director at the ACT branch of the Master Builders Association, said last week: “Master Builders hopes that the royal commission hearings in the ACT will provide a unique opportunity to air allegations of alleged racketeering behaviours with a view to cleaning up the construction industry.”

The MBA’s ACT branch complained in its submission to the inquiry last year of threats, market ­manipulation and verbal and physi­cal intimidation.

The commission has also called Dean Hall, the CFMEU’s ACT secretary. Hearings into the CFMEU in Sydney so far have uncovered dealings between NSW secretary Brian “Sparkles” Parker and allegedly corrupt labour-hire companies run by bankrupt George­ Alex, including claims that kickbacks were paid to union officials in exchange for overlooking poor workplace practices.