Unions royal commission: Andrew Ferguson risks charges over ‘gift’

Andrew Ferguson should face possible criminal prosecution over a $100,000 ‘donation’, Dyson Heydon has said.

Andrew Ferguson, a former leader of the CFMEU in NSW, should face possible criminal prosecution over a $100,000 “donation” to the union from building firm Thiess, trade union royal commissioner Dyson Heydon has said in the final report on the inquiry.

Mr Ferguson, brother of prominent Labor figures Laurie and Martin, should also be investigated by the Fair Work Commission for shifting $7 million to a secret trust to protect Construction Forestry Mining and Energy Union funds from potential deregistration by the Howard government, the report said. The findings are among a raft of recommendations relating to the CFMEU’s NSW branch activities over more than a decade.

Mr Heydon recommended Mr Ferguson’s successor, Brian Parker, face possible prosecution over alleged perjury and organiser Darren Greenfield be referred to the police over a finding he received regular $2500 bribes from bankrupt businessman George Alex. The CFMEU has argued that Mr Greenfield is innocent.

The commission also recommended a state government probe into CFMEU NSW over the “complete failure” of the union, Mr Parker and another organiser, Yulei Zhou.

The inquiry was told during August hearings that Thiess offered the one-off payment to organiser Steve Dixon via the union-linked Building Trades Group in 2005 to circumvent possible industrial trouble over a construction project in Sydney.

Mr Heydon recommended the NSW police and Director of Public Prosecutions consider “whether (Mr Ferguson) … should be charged with and prosecuted for aiding, abetting, counselling or procuring Steve Dixon’s possible offence”.