Construction union boss Brian Parker ‘should face criminal charges’

Construction union boss Brian Parker should face criminal charges for misleading the TURC, counsel has argued.

Former NSW secretary of the CFMEU, Brian Parker,

Construction union boss Brian ‘Sparkles’ Parker should face criminal charges for misleading the trade union royal commission over his alleged role in leaking union members’ confidential details from their super fund, counsel assisting the inquiry has argued.

Mr Parker, who was referred to the Commonwealth public prosecutor for his conduct as a union official by Commissioner Dyson Heydon last year, should also be referred to authorities for breaking company laws when he sought member details from construction industry super fund Cbus, barrister Jeremey Stoljar stated in his submissions published by the commission yesterday.

David Atkin, the chief executive of Cbus, caved to Mr Parker’s request for the names and phone numbers of members who worked for the Lis-Con out of “sensitivity” to the demands of the Construction, Forestry, Mining and Energy Union, Mr Stoljar added.

“Mr Parker told Mr Atkin on 18 July 2013 that he wanted his assistance to obtain the personal member details of Lis-Con employees … and Mr Atkin told Mr Parker he would arrange for the information to be provided,” Mr Stoljar concluded.

Mr Atkin has denied throughout hearings that he arranged for Cbus staff to give Mr Parker the information.

Since the first royal commission hearings into Cbus in October 2014, “the Commission has received further evidence to demonstrate the extent of the power that the CFMEU holds over Cbus”, Mr Stoljar said.

“Within Cbus, two thirds of its organisers come from a CFMEU background, thus creating substantial risks that Cbus will have a large portion of its workforce whose loyalties may be more aligned to the CFMEU than Cbus itself,” Mr Stoljar stated.

Mr Atkin’s former underlings at Cbus, Lisa Zanatta and Maria Butera were sacked from the fund and have been referred to the Commonwealth department of public prosecutions for allegedly passing the information to Mr Parker and allegedly lying to the Commission.

The Commission also heard evidence that Mr Parker pressured the women to lie about their role in the affair.

Cbus’s vulnerability to the CFMEU was highlighted in 2013, shortly before the Lis-Con affair, when the union threatened to dump the fund as its default for members’ super, and held a public tender for members’ super in Victoria.

Mr Atkins gave evidence that losing its default status with the CFMEU could cost it up to 20% in revenue.

The tender process came after Cbus gave a building contract to construction firm Grocon which was embroiled in a conflict with the union.

“It is relevant to observe that the leak of Lis-Con employees’ private information came not long after the CFMEU had been through the tender process and decided to stay with Cbus … At that time Mr Atkin and others must have been relieved that the CFMEU’s business had not been lost,” Mr Stoljar said.

Mr Parker, who briefly stepped aside as secretary of the NSW branch of the CFMEU, is not represented by the CFMEU’s lawyers owing to an unspecified conflict of interest.

Mr Stoljar suggested the evidence heard before the Commission “demonstrated beyond reasonable doubt Mr Parker’s central role in the improper leakage of information — and (the union) thereafter sought to disassociate itself from Mr Parker and the issue generally”.