CFMEU Qld-NT commission of inquiry: Your questions answered

A landmark inquiry into the Queensland branch of the CFMEU could start as early as this month. Here’s what you need to know.

• King: Make the funeral quick

A landmark commission of inquiry into the CFMEU could begin as early as next month, with the state government poised to unleash “the most powerful tool in its arsenal” to investigate violence, misogyny and intimidation within the union’s Queensland ranks.

Premier David Crisafulli announced the commission of inquiry into the CFMEU’S operations, most of which was carried out during the Labor Party’s time in government, on Sunday with a warning that witnesses could be compelled to give evidence.

It comes as the Labor Opposition committed its bipartisan support to the inquiry, vowing it would co-operate and had nothing to hide.

The announcement follows anti-corruption expert Geoffrey Watson SC’s bombshell report last week, which laid bare the extent of abuse, intimidation and misogyny at the hands of some members of the CFMEU.

Speaking on the Today show on Monday, Mr Crisafulli said those found to be behind the culture of abuse and intimidation must be held accountable.

“We have to find out who enabled it, who conducted it, and make sure that it never happens again,” he said.

“But more importantly, we’ve got to create a system in this state where productivity can return to job sites and people can be safe on them.

“When I read the Watson report, it said that it only scratched the surface. If that was scratching the surface, well, what lies underneath it is a tale of woe and it needs to be called out.”

He said the system enabled the CFMEU to operate unchecked and has been broken for a long time.

“We’re talking about female public servants locked in rooms … harassed and bullied at gyms by these thugs,” he said.

“There’s no place for that in a modern Queensland. I can assure you, this is the most powerful tool we have in our arsenal. We are going after the CFMEU and we are going after them hard.

“This is going to be a landmark Royal Commission. As a state, we’re on the cusp of something really, really special at the moment. We have the biggest infrastructure pipeline in the next four years, and we need productivity and we need safety on worksites.”

Premier David Crisafulli flanked by Attorney-General Deb Frecklington and Industrial Relations Minister Jarrod Bleijie on Sunday

Mr Crisafulli on Sunday said the terms of reference for the inquiry would be prepared by himself, Industrial Relations Minister Jarrod Bleijie, Attorney-General Deb Frecklington and the commissioner, who was yet to be appointed.

He said the commission would focus on the findings of the Watson Report and the history that enabled the union’s behaviour.

“One way or another, a commission of inquiry gives the full power to be able to compel people, and they under oath have to explain their side of the story,” he said.

“It can’t be the memory losses, there can’t be the obfuscation.

“It is our moment to clean up the culture of bullying and intimidation and misogyny, and we aren’t going to miss the opportunity to bring productivity back to work sites, but also to keep people safe.

“We want to appoint a commissioner as soon as possible, and it’s my desire that we should start this next month.”

Witnesses, including victims, who could be compelled to give evidence include the site operators, CFMEU officials, workplace health and safety officers, as well as former Labor ministers.

Mr Crisafulli has vowed there would be protections for those who previously felt unsafe to give evidence, including private hearings.

Any further protections would be detailed in the terms of reference, as well as any contempt powers for those not willing to co-operate.

“That’s why we’ve gone to this extent, we want to give the protection for those to be able to tell what life was like working under these thugs and bullies, particularly women and children,” Mr Crisafulli said.

Depending on the terms of reference, the inquiry could offer powerful protections to witnesses or invoke jail time for those who do not comply or give evidence.

During the landmark Fitzgerald Inquiry, some police officers and witnesses were offered immunity from prosecution or granted indemnities for providing crucial evidence.

Asked why the state government had not approached its federal counterparts for a royal commission into the CFMEU, Mr Crisafulli said it needed to be a Queensland-focused inquiry based on the Watson Report.

“This report’s about Queensland and the number of lost days in Queensland dwarf the other states, and that shows you how serious this is,” he said.

Opposition industrial relations spokeswoman Grace Grace with Opposition Leader Steven Miles

Ms Frecklington said the government, alongside the commissioner, would consider contempt powers as they developed the scope of the inquiry — a cost or duration for which had not yet been determined.

Opposition Leader Steven Miles offered his bipartisan support and said Labor would co-operate in any way necessary.

“I’ve also offered to jointly meet with the administrator of the CFMEU, with the government, to determine if there are any other actions that would assist administrative work to return the CFMEU to normality,” Mr Miles said.

Meanwhile, Opposition industrial relations spokeswoman Grace Grace, who previously held the portfolio, said any matter that had been raised under her leadership had been referred to the relevant authorities.

“I have nothing to hide, and I am more than willing to fully co-operate with any commission of inquiry,” she said.

Ms Grace referred to an incident referenced by the Watson Report when a Labor Government minister had to increase security because of the CFMEU, revealing it was her who upped protection measures, but claimed it was a recommendation from police.

“It was myself, I’m happy to say that, it was when we were putting the CFMEU into administration, I have never contemplated it in the past,” she said.

“There were no threats to me, it was just a precautionary step that I should consider, I did and I implemented the recommendation of the police.”

But Mr Bleijie slammed Ms Grace for “claiming victimhood”.

Queensland Council of Unions secretary Jacqueline King

“It was the federal government that then put the federal CFMEU registered into administration, and the state had to follow suit, they had no option but to, so it wasn’t proactive Grace saying, hey, I’ve now had a come to Jesus moment, and I now don’t love the CFMEU,” he said.

Queensland Council of Unions secretary Jacqueline King said the incidents in the Watson Report had been referred to Queensland police, and she called for the utmost protection for witnesses already traumatised.

“Any processes, commission of inquiry or otherwise, which would allow for others to tell their stories must be trauma-informed and guarantee witnesses are not just protected but are guaranteed anonymity and confidentiality,” she said.

“We would call on the state government to adopt a nonpartisan approach to this matter and co-operate with the federal government and the administrator who already has the powers to compel individuals.”

Property Council of Australia Queensland executive director Jess Caire welcomed the inquiry, but said Queenslanders had already paid the price.

“All Queenslanders have a paid the price for the delay in applying the rule of law to the CFMEU just as it applies to everyone else in this great state,” she said.

“This inquiry is the opportunity to rid the industry of these behaviours, and build a safe, inclusive culture where women and the next generation of trades want to work.

“That’s the only way we’ll boost productivity, attract investment and deliver the homes, infrastructure and future Queensland needs and deserves, now more than ever.”

YOUR QUESTIONS ANSWERED

Q: When will this inquiry be established and when will it have its first hearings?

A: The state government is yet to announce when the inquiry will officially start, including any public hearings. But, Premier David Crisafulli has said work could begin as early as August.

Q: How will it have the power to compel witnesses to appear?

A: A commission of inquiry provides extraordinary powers to a royal commissioner to call on witnesses to provide evidence such as statements or documentation. According to legislation, it is an offence to not comply with notices issued by a commission of inquiry without a reasonable excuse.

Q: Will former Labor government ministers appear?

A: The state government have said among other witnesses, including CFMEU officials, former Labor ministers such as Grace Grace, Steven Miles and even former Premier Anastasia Palaszczuk could be called to give evidence at a public hearing. Mr Miles and Ms Grace have said they would co-operate as necessary.

Q: How will it protect witnesses from reprisals?

A: Mr Crisafulli has vowed there would be protections offered to witnesses – particularly women and children – fearing for their safety, including keeping their identity a secret through private hearings. Further protections may be detailed in the terms of reference.

Q: Will it have contempt powers regarding refusal of witnesses to assist?

A: Attorney-General Deb Frecklington has said the government, with the chosen commissioner, would consider contempt powers as they develop the terms of reference and scope of the inquiry.

Originally published as CFMEU Qld-NT commission of inquiry: Your questions answered