BY SUE BULL
MELBOURNE — Construction workers have been poring over the sordid details emerging from the royal commission into the construction industry. No worker in the industry could have missed the sensational allegations by a supposed former "enforcer", who outlined his use of violence, property damage and death threats, allegedly on behalf of the Construction, Mining, Forestry and Energy Union.
Gary Carter was stripped of his CFMEU shop steward position because of financial impropriety two years ago. Yet the royal commission still felt he was credible enough to present evidence that would "prove" that the CFMEU is a "thug union".
Martin Kingham, Victorian CFMEU secretary, said that the royal commission gave no notice that Carter was to appear. "But after alerting the media, the commission called Carter, a self-proclaimed stand-over merchant, to give lurid anti-CFMEU evidence. Not a single question was asked at the hearing to test the truth of his evidence, his credibility or his motive for making his wild accusations."
Normal rules of evidence and cross-examination do not exist in the royal commission.
At 8.30am, February 27, I lined up with 2500 construction workers to escort Craig Johnston, Victorian secretary of the Australian Manufacturing Workers Union, and Dean Mighell, Victorian secretary of the Electrical Trades Union, to the commission. The size of the escort is an indication of just how angry union members are about this side show.
On the 31st floor, we are scanned with metal detectors and our bags are searched. There's a scramble for seats.
Former NSW premier, and now chairperson of the Baulderstone Hornibrook building company, Nick Greiner has also arrived. A worker whispers, "From premier to executive, to royal commission. You know how it works."
More workers arrive. One leans over to me and says in a fake whisper, "So what d'ya reckon, the royal kangaroo commission". We all laugh loudly.
On the other side of the room sit the silks and suits. Greiner is sitting on the wrong side of the room, his discomfit is clear.
It's time for the joust. Mighell marches to the stand, grimly chewing gum, hard hat under his arm. He answers questions regarding the National Gallery site. He is quizzed about site agreements, union-appointed stewards and shady characters employed as industrial relations consultants for the bosses.
The royal commissioner leans forward and makes what he believes to be a telling point about how shop stewards spend most of their time defending their members against the boss, rather than working for him. The implication being that it is corrupt to enforce safety standards and award conditions.
Then comes what the commssioner seeming thinks will be the knock out blow: it is revealed that a site agreement was signed. Did Mighell sign the agreement after being bribed? Wasn't he just a little too familiar with the consultant? What did they talk about aside of the site agreement?
"I asked him about his kids and he asked me about mine", Mighell replies. The commissioner looks shocked. How could a union thug and a shady consultant discuss babies? You can tell he smells a rat. The gallery applauds.
It's Greiner's turn. He informs the commission that he did know money was paid for an industrial relations consultant on the National Gallery job. The payments were "undesirable but understandable" in a "robust industrial relations climate", he says.
But $275,000 was paid and clearly Baulderstone's had been had. A high-level executive was sacked. Fraud is mentioned and so are breaches of criminal law.
The final witness for the morning is a short, broad-shouldered man named Hedgcock. He owns several security firms. He doesn't know much about them, but his accountant does, he assures the commissioner. Hedgcock is also an "industrial relations consultant".
The $275,000? The wife of another consultant typed up an invoice while they were having coffee, she even invented the letterhead while she was at it. Hedgcock was employed by Baulderstone to help get a site agreement but admits he doesn't know what one is.
The suggestions of fraud have ruined his family life, Hedgcock exclaims. It's just a set-up with a pre-determined outcome and its wrong, wrong, wrong. The gallery bursts into rowdy applause. Hedgcock may be shady, but on this occasion he's got it right. The commissioner feels it's an appropriate time for lunch.
The evidence is pretty clear: $275,000 was handed over by the company in very suspicious circumstances. Yet none of the outrageous claims made by Carter have been substantiated.
I walk out of the gallery feeling that the whole thing is a farce. Judge for yourself and book a front-row seat when the circus comes to a town near you. It opens in Hobart next.
From Green Left Weekly, March 6, 2002.
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