CFMEU cyclists have ‘same authority’ after investigation: report

There is widespread “lawlessness” in the construction division of the Victorian branch of the CFMEU and the bikers have “more or less the same authority” despite efforts to clean up the union.

A damning interim report has laid out a raft of damning findings into allegations that the Department of Building and General was involved in criminal and corrupt practices, revealed by Nine Newspapers earlier this year.

The report, authored by Geoffrey Watson SC, who was hired by CFMEU National Secretary Zach Smith in July to conduct an independent investigation into the allegations, was released on Monday.

Mr Watson made seven recommendations, including that further investigation be conducted into cases where officers from the Victoria department have engaged in or been subjected to threatening, violent or abusive behaviour.

He also said the department must build “cooperative relationships” with Victoria Police, the Australian Federal Police and regulatory authorities “so that criminal conduct can be dealt with in accordance with the law”.

“Based on the information I uncovered during my research, the Victorian department was caught in a cycle of lawlessness, where violence was an accepted part of the culture and the threat of violence was a substitute for reasonable negotiation,” Mr Watson said.

He described a “persistent refusal among officials” in the union to involve the police in the issue.

“It almost seemed like the police were viewed as the enemy,” Watson said.

“I was told about specific incidents where union members had been seriously assaulted or threatened with violence or death, but nothing was reported to the police.”

A senior official said he could give Mr Watson “1,000 cases where workers have been outvoted and abused”, adding that “all the police do is turn around and go after unions”.

Attempts to get rid of the bikers’ union were “inadequate” and there was no evidence of a formal investigation.

“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 in the same locations, with more or less the same authority.

“I remain unconvinced that the Victorian Branch had any real intention of solving this problem. Even if it did, more needs to be done to solve the problem.”

Mr Watson said his investigation was hampered by his inability to compel witnesses to give evidence or produce documents.

“I could not give any promise of confidentiality to potential witnesses,” he added.

“Halfway through my investigation, I was told that threats of violence had been made, including against members of the Victoria branch management team.

“Because of those threats, I was ordered to no longer contact certain third parties.”

Last month, Federal Attorney General Mark Dreyfus placed the CFMEU’s construction arm and all of its associated departments under administration.

Mr Dreyfus appointed Mark Irving KC as administrator.

Mr Watson said Mr Irving later instructed him to present his report and make recommendations on investigations the administrator should carry out.

Mr Watson also recommended further investigation into any remaining links between union reps and criminal motorcycle gangs, and their influence.

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