The Commission of Inquiry into the CFMEU on Tuesday heard evidence from Justin Bishop, former site manager for CPB Contractors at the Woolloongabba Cross River Rail site. Bishop said union health and safety representatives routinely turned minor issues into lengthy stoppages, describing one occasion when the entire site was halted after rain because workers refused to walk through a three-millimetre puddle.
"If I've got 400, 350 men sitting in the shed, and a genuine safety concern of a three-mil puddle of water, someone's paying," he told the inquiry.
Bishop also recounted an incident in which union health and safety representative Ritchie Atutolu interrupted a morning briefing to demand weekly Friday barbecues for workers. When Bishop said there was no budget for that, a dispute escalated with another worker, Zach Hilton. Bishop said Atutolu became aggressive, telling Hilton to "get the f— up" and continue the conversation outside.
"From my perspective, these guys should be working hand in hand with me," Bishop said. "We should be working together, joined at the hip, but the reality is that's not the case. It's sad, really, but out of my control."
The inquiry also heard from Joseph Barker, senior project manager at Georgiou Group, who worked on the M1 Exit 41 project. Barker said that on October 27, 2021, CFMEU organiser Dean Rielly demanded that union-approved subcontractors be appointed to the job. Barker testified that Rielly said he would go to his car and "grab [his] bat and start swinging it around" if Barker did not comply.
"[Rielly] said, 'I'm not going to hit you. I just might start swinging around in the car park.' And I responded, 'I'm in the car park. Are you still threatening me?' He said, 'No. I'll just start swinging it around the car park'," Barker said.
Barker said he felt it was a "definite attempt to intimidate" him and expressed frustration that the matter was not pursued by the Fair Work Ombudsman, which had investigated the union's actions at the site. He said he was "very frustrated" after investing time in compiling data and being interviewed, only for the case to be dropped.
Commissioner Stuart Wood noted that Rielly was removed by the administrator but later obtained a permit again through a current member of the Fair Work Commission. Wood said: "You've got the Fair Work Ombudsman not prosecuting a serious aspect, and despite everything that Mr Rielly's done, the Fair Work Commission gives him his permit back."