BY MARGARITA WINDISCH
MELBOURNE As the political witch-hunt against the Construction, Forestry, Mining and Energy Union continues in the form of the royal commission into the building industry, on May 28 it was revealed that the government is likely to spend $19 million on commission lawyers four of whom are costing $21,000 a week.
Justice Terence Cole, a retired NSW judge who is already receiving a $140,000 pension, is being paid a whopping $660,000 annual salary to head the commission. On top of the salary, he gets a weekly living allowance, use of a townhouse, 52 business class flights to Sydney and a free mobile phone.
This is not normal expenditure for a royal commission. Coles salary is significantly more than what HIH royal commisssioner Neville Owen received. The HIH royal commissions budget was $20 million less than the building industry royal commission.
For his money, Cole has been using a series of different incidents to attempt to prove that the CFMEU engages in illegal workplace practices.
An example was the commissions investigation into a $50,000 payment to 250 workers who had been locked out by Fastform Systems in 2000. Fastform construction supervisor Rosati told the commission that the payment, $241 per worker, was made in order to restore workplace goodwill, necessary because the company had broken a promise not to sack anyone.
While the commission lawyers argued this was an illegal payment to increase productivity, the CFMEU pointed out it was little different to a Christmas bonus.
Another "case-study brought before the commission in late May involved the 300% budget blow-out of the Federation Square development. Calling the productivity agreements on the site a "lawless frolic, a commission lawyer blamed the CFMEUs campaign for shorter working hours for the delays in the projects completion.
However the Federation Square project manager disputed the commissions claim, arguing that bad weather, government interference and a complicated design was responsible for the delay and budget blow-out. He stated that industrial disruption on the site was "absolutely minimal.
The commission is so deadset on discrediting the CFMEU, that it didnt even shy away from reopening and reviewing a case dismissed by the Federal Court. The case brought against Melbourne CFMEU organiser Ian Williamson by employment advocate Jonathan Hamberger in 1999 was thrown out on grounds that the organiser was set up and illegally taped. Two of the lawyers who represented Hamberger in that case are now working for the commission.
From Green Left Weekly, June 5, 2002.
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