CFMEU NSW boss Brian Parker faces charity law charges

CFMEU’s NSW boss Brian Parker may face charity law charges over donations by Chinese property developer.

Former CFMEU boss Brian Parker outside the CFMEU NSW Hearing in Sydney.

The embattled construction union’s NSW boss Brian Parker could face another set of charges flowing from the trade union royal commission, this time for breaking charity laws, after submissions to the trade union royal commission queried donations by a Chinese property developer to the union.

In a slew of findings released today, counsel assisting the commission called upon Commissioner Dyson Heydon to refer to authorities for criminal prosecution the CFMEU’s Queensland secretary Michael Ravbar, the union’s former President Dave Hanna, NSW CFMEU official Darren Greenfield and undischarged bankrupt businessman George Alex.

Mr Parker made the fourth construction union figure alleged to have committed new offences after months of hearings into the CFMEU after counsel assisting the commission said he could be fingered for illegally banking charitable donations, punishable by a prison term.

While Mr Ravbar and Mr Hanna face scrutiny for allegedly destroying documents subpoenaed by the Commission, Mr Parker’s alleged offences relate to donations from Chinese businessman Mr Jian Qui Zhang, who is the director of more than forty Australian companies.

The Commission heard this month the NSW branch of the CFMEU reaped $130,000 in payments from Mr Zhang arranged by Mr Parker between 2011 and 2014.

The payments included a cheque for $10,000 from Mr Zhang to attend a speaking tour organised by the Irish republican Friends of Sinn Fein group, $30,000 to a union “fighting fund”, $20,000 toward union picnics and payments for tickets to union dinners, among other payments, the union heard.

Mr Zhang and Mr Parker testified the payments, which went into the union’s general revenue stream, to contribute to safety and the overall benefit of the construction industry.

Counsel assisting the Commission Sarah McNaughton raised the question of whether the payments were made “in return for the CFMEU NSW agreeing not to seek to enter into EBAs with Mr Zhang’s companies”.

She concluded today that “on the material available to the Commission, the CFMEU NSW, Mr Parker and (NSW CFMEU organiser) Mr Zhou may have committed a number of offences against the Charitable Fundraising Act 1991.”

Penalties for breaching the relevant laws carry fines, or alternatively prison terms.

Counsel said “some of the donations made by Mr Zhang were sought and used for a legitimate purpose”, but added: “It is somewhat extraordinary that Mr Zhang would have made a $10,000 donation to the ‘Friends of Sinn Fein’ in circumstances where he did not know who Sinn Fein were”.

Counsel also recommended the Commission refer the matter to the NSW Minister for Innovation and Better Regulation for a possibly inquiry into the CFMEU NSW practices “concerning the collection of donations more generally”.

CFMEU construction division national secretary Dave Noonan yesterday promised a review of “governance” issues at the union.