Queensland's CFMEU inquiry heard on Thursday that former industrial relations minister Grace Grace likely struck an agreement with the union to pause a new complaint triage system, after her former top bureaucrat Michael De'Ath shifted his account of who made the decision.
Ternovski asked De'Ath whether, looking at the documents, the best reconstruction of events was that the agreement would have been between Grace and the CFMEU. De'Ath replied: "Yes, I think that's a logical conclusion."
The evidence came during a case study examining regulatory capture of the state's workplace safety regulator. On Wednesday, Commissioner Stuart Wood warned the former director-general he risked being found in contempt over his professed inability to recall key discussions. Wood's interim report, tabled this week, formally recommended a new state building code and a new regulator to monitor and enforce compliance.
De'Ath agreed on Thursday he had shifted from his earlier evidence that the pause was his decision, categorising it instead as a collective decision emerging from a meeting with Grace. Ternovski showed the inquiry emails between De'Ath's staff coordinating a response to an earlier letter from Ravbar, drafts of which featured language appearing to describe an agreement with the CFMEU about the triage pause. De'Ath denied it was an agreement he had struck.
De'Ath rejected evidence from former deputy Kym Bancroft and one of her staff that he had told her, when ending her contract, that it was due to union pressure. He also denied the fast-tracked push to remove Bancroft was the result of similar pressure, or that he had considered an anonymous complaint about her, which led to a corruption watchdog referral and factored into her dismissal, could have come from the union.
Lawyers for Grace indicated they may seek to cross-examine De'Ath when he returns to finish his evidence, likely during the next block of hearings beginning on November 24.
Analysis
Why This Matters
- The inquiry directly implicates a former state minister in an alleged deal with a construction union over the running of a safety regulator, escalating the political stakes.
- The suggestion of a cover-up of an agreement erodes public trust in ministerial decision-making and regulatory independence.
- A potential contempt finding against a top public servant would be a significant legal and reputational consequence.
Background
The inquiry, led by retired Supreme Court judge Stuart Wood, is investigating alleged misconduct and regulatory capture in Queensland's building industry. It has focused on a case study into the Office of Industrial Relations during Kym Bancroft's tenure as deputy director-general in 2022-23. The union opposed Bancroft's efforts to restructure complaint handling, leading to a proposed triage system that was ultimately paused. De'Ath oversaw the department responsible for the regulator from 2021 to 2024.
Key Perspectives
Michael De'Ath (former director-general): Testified he now believes the decision to pause the triage system was collective with Grace Grace, suggesting she likely struck the agreement with the CFMEU. Denies any union pressure led to Bancroft's dismissal.
Commissioner Stuart Wood: Warned De'Ath his "feigned inability to remember" could lead to a contempt finding.
Counsel assisting Dimitri Ternovski: Put it to De'Ath that correspondence related to the triage pause was designed to "cover up" the extent of the agreement with the CFMEU.
Grace Grace (former minister): Has not yet given evidence. Her lawyers indicated they may seek to cross-examine De'Ath.
What to Watch
- Whether Grace Grace's lawyers cross-examine De'Ath when hearings resume from November 24.
- Whether Commissioner Wood formally pursues a contempt finding against De'Ath.
- The inquiry's final report, expected by December 2027, and whether it makes further findings on ministerial conduct.
Checked
11 claims in this story checked against 1 source: 9 supported.
Show each claim
- SupportedThe inquiry boss warned a former department head’s lawyers that he risked being found in contempt.Brisbane Times - Latest News: “Queensland’s CFMEU inquiry boss has warned lawyers for a former top bureaucrat that he was at risk of being found in contempt”
- SupportedThe inquiry’s interim report recommended a new state building code.Brisbane Times - Latest News: “Both were formally recommended by Wood.”
- SupportedThe inquiry’s interim report recommended a new regulator.Brisbane Times - Latest News: “making formal recommendations for the Crisafulli government to introduce a new state building code and establish a new regulator to monitor and enforce compliance.”
- SupportedThe warning concerned De’Ath’s professed inability to recall discussions at the heart of two concessions granted to the union.Brisbane Times - Latest News: “he was at risk of being found in contempt over his professed inability to recall details of discussions at the heart of two key concessions granted to the union.”
- SupportedWood said, “It seems to me that we’re getting very close to that position.”Brisbane Times - Latest News: “Wood said: “It seems to me that we’re getting very close to that position.””
- SupportedWood referred to a High Court opinion that a “feigned inability to remember”, used deliberately to evade questions, can amount to an allegation of contempt.Brisbane Times - Latest News: “the “feigned inability to remember”, if used by a witness to deliberately evade questions, can amount to an allegation of contempt.”
- SupportedDe’Ath said on Tuesday that he could not recall calls and texts with Ravbar in early August 2022.Brisbane Times - Latest News: “De’Ath ... said on Tuesday he could not recall calls and texts with since-ousted CFMEU state secretary Michael Ravbar in early August 2022”
- SupportedCounsel assisting put it to De’Ath that Ravbar had expressed disdain over a decision to remove a CFMEU-favoured figure responsible for managing safety inspectors.Brisbane Times - Latest News: “after it was put to him by counsel assisting that Ravbar had expressed disdain over the decision.”
- Partly supportedDe’Ath said he and Grace would have “problem-solved” the shift.Brisbane Times - Latest News: “but that he believed he and Grace would have “problem-solved” to make that shift.”
- Partly supportedDe’Ath denied receiving any direction from Grace’s office.Brisbane Times - Latest News: “De’Ath earlier told the inquiry there was no influence from Grace’s office around either the pausing of the triage system or the eventual dismissal of Bancroft”
- SupportedThe inquiry continues on Thursday with further evidence from De’Ath.Brisbane Times - Latest News: “The inquiry continues on Thursday, with further evidence from De’Ath.”