An interim report into allegations the construction and general division of the Victorian CFMEU was involved in criminal and corrupt conduct has drawn some damning conclusions.
This was despite its author, Geoffrey Watson SC, complaining his investigation was hampered by an inability to compel some witnesses and offer the protection of anonymity to others.
In July, CFMEU National Secretary Zach Smith asked Watson to conduct an independent investigation into the allegations.
The report concludes the state branch of the Union has perpetuated a cycle of “lawlessness.”
“Based on the information uncovered during my investigation, the Victorian Branch has been caught up in a cycle of lawlessness, where violence was an accepted part of the culture, and threats of violence were a substitute for reasoned negotiations,” Watson said.
However, he noted his investigation was hampered by his inability to compel witnesses to give evidence or compel the production of documents.
“I was unable to offer potential witnesses any promises of confidentiality,” he added.
“Part-way through my investigation, I was told that threats of violence had been made, including against members of the executive team of the Victorian branch.
“Because of those threats, I was instructed to refrain from contacting certain third parties.”
Efforts to rid the union of bikies had been “inadequate,” and there is no record of a formal investigation having been held.
“I was also told that almost all of the people on the list remained with the same employer, in a different capacity,” he said.
“I understood that the same men remained on the same sites with, more or less, the same authority.
More Investigation Required
The report details a “stubborn refusal, amongst officials” in the Union, to involve the police when criminality was suspected.“It was almost as though the police were regarded as enemies,” Watson said.
One senior official said he could give the inquiry “a thousand cases where workers have been stood over and bashed” but said that “all the police do is turn around and go after unions.”
“I was told about specific incidents in which union people had been severely bashed or subjected to threats of violence or death, but no police referral was made,” Watson said.
The report makes seven recommendations, including that further investigation be undertaken to identify instances when Victorian branch officials have engaged in, or been subject to, threatening, violent or abusive conduct.
He also said the branch should build “cooperative relationships” with the Victoria Police, the Australian Federal Police, and regulatory authorities “so that criminal conduct can be dealt with in accordance with the law.”
Last month, federal Attorney-General Mark Dreyfus placed the construction arm of the CFMEU, and all of its branches, into administration and appointed Mark Irving KC as administrator.
Watson said Irving later instructed him to provide his report and make recommendations about investigations the administrator should carry out.
