BY SUE BULL
MELBOURNE — The Royal Commission into the Building and Construction Industry, headed by Terence Cole, was accused on May 16 of using secretly taped evidence to discredit construction workers and their unions.
John Cummins, Victorian president of the Construction, Forestry, Mining and Energy Union, said that he believed the commission was complicit secret taping witnesses. He said: "The Federal Court has thrown out evidence gained by secretly taping our members on a site in Hawthorn. They called it entrapment. But it seems Mr Cole and his mates don't have a problem with setting people up."
A commission spokesperson said the inquiry's coercive authority was far broader than court powers, but would not comment on "operational matters".
The allegations have lent support to union arguments that the federal government has initiated commission in order to attack militant unions. This argument has also been strengthened by the commission's actions in the last few weeks.
Dozens of CFMEU stewards, industrial organisers and health-and-safety representatives have been summonsed to appear before the commission on only one or two hours' notice. The short notice often means the unionists are not able to consult their lawyers before appearing. They must either appear and run the risk of incriminating themselves or refuse and face contempt charges.
One expected stand-off was deferred on May 13 as CFMEU Victorian training officer Anne Duggan, who was refusing to hand over lists of union members who had attended training courses, had her appearance before the commission deferred. The commission intends to communicate with the national office of the union before forcing a confrontation with Duggan.
Several WorkCover inspectors were grilled mercilessly on May 13, as commission interrogators implied they had colluded with the CFMEU.
In a discussion about a provisional improvement notice issued to Able Demolitions and Excavations it was implied that the CFMEU and WorkCover inspectors were deliberately delaying work on the site so that the company, which predominantly employs Australian Workers Union members, would lose contracts and overrun its budget. The implication was made despite the fact evidence presented to the commission that Able workers were throwing rubbish, such as iron baths, from the fourth storey to the ground. The site had no demolition chute. At one point, debris nearly hit one of the WorkCover inspectors.
In the same week, the CFMEU was accused of accepting bribes from various construction companies. The money involved, however, was to cover union dues.
The royal commission appears to be arguing that the CFMEU intimidates big companies by insisting that, in one of the most dangerous industries in Australia, health and safety agreements be adhered to; that union members' dues are current; and that enterprise agreements are made with the CFMEU.
The CFMEU indicated on May 13 that it would no longer cooperate voluntarily with the commission and is considering what other actions to take to defend itself.
A public meeting will be held at 5pm on May 22 at the Regent Theatre in Collins Street to build solidarity with construction unions. The meeting is titled, "They built this city. They saved this city" in recognition of the greens bans militant construction union the Builders Labourers Federation put on Melbourne sites such as the Victoria Markets, the city baths, the House of the Gentle Bunyip and the Regent Theatre itself, before the federation was smashed by federal and state Labor governments. Hosted by comedian Rod Quantock, speakers will include ALP deputy national leader Jenny Macklin, former Victorian premier Joan Kirner, Australian Council of Trade Unions president Sharan Burrow and BLF leader Jack Mundey.
From Green Left Weekly, May 22, 2002.
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