The Victorian Infrastructure Delivery Authority (VIDA) was heavily criticised on Thursday at the royal commission into the state's construction industry for delaying the release of documents and submitting heavily redacted material with no explanation. The unredacted notes later disclosed revealed the authority's concerns that further work stoppages at the Gap Road level crossing removal site would require a project extension, and that the Construction, Forestry and Maritime Employees Union (CFMEU) was 'driving some companies re. Aboriginal employment out of business'.
Chris Young, KC, warned VIDA not to further disrupt the inquiry, noting that the existence of handwritten notes by former Rail Projects Victoria CEO Evan Tattersall was only disclosed on November 7, more than two weeks after a request and two days before hearings began. The notes had been almost entirely blacked out initially, with the unredacted version provided on Wednesday, the third day of hearings.
The unredacted notebook revealed a handwritten entry by Tattersall: 'Wilko [Rail Projects Victoria chief operating officer Peter Wilkinson] re Gap Road: 'If don't work this long weekend will need extension''. Another redacted note documented the authority's concerns that the CFMEU was 'driving some companies re. Aboriginal employment out of business'. Young said the note had been redacted from what was originally provided to the commission, without explanation.
Commissioner Chris Kourakis, AC, also criticised the authority, stating that 'the late provision of this information has disrupted the orderly investigation and the pursuit of lines of investigation'. Young called it 'profoundly disappointing' that state entities and senior current and former state officers would only give evidence when compelled and were otherwise content to do nothing, given Premier Ben Carroll's previous statements about the commission's importance.
The authority also disclosed text messages between then-premier Daniel Andrews' adviser Matthew Tonagh and Matthew Phelan, who was an adviser to Corey Hannett, then-director general of VIDA, before becoming chief of staff to then-premier Jacinta Allan. Young noted that ex-CFMEU secretary John Setka had called Tonagh 'a good asset to the union' at a delegates' meeting in March 2024. The text messages, which include references to the premier's private office, will be exhibited at a later hearing.
This block of hearings focuses on the Gap Road level crossing removal project, which was shut down by the CFMEU on June 6-7, 2022 as the union sought to displace the Australian Workers' Union from the site. Former CFMEU official Paul Tzimas told the hearing that his boss Joe Myles suggested he had a direct line to then-transport minister Jacinta Allan, and that John Holland's cooperation would affect its chances of working on the future Melbourne Airport rail link.
Counsel for VIDA apologised to the commission, saying it was not the authority's intention to delay its work. Premier Carroll declined to comment on the latest criticism, saying only: 'I'm not going to run a commentary on it, except to say there are broad powers.'
Analysis
Why This Matters
- The revelations could have significant political implications for the Victorian government and the Big Build program.
- The redaction of crucial documents by a government authority raises serious questions about transparency and accountability.
- The allegations of union influence on major infrastructure projects could lead to legal and policy changes.
Background
The Royal Commission into Victoria's Construction Industry was established to investigate alleged corruption, undue influence, and misconduct in the state's construction sector. The Gap Road level crossing removal project became a flashpoint when the CFMEU shut down the site in June 2022 as it sought to replace the Australian Workers' Union as the dominant union. VIDA oversees the delivery of the government's major infrastructure program.
Key Perspectives
- Chris Young, KC (counsel assisting): Criticised VIDA for redacting notes without explanation and warned against further obstruction.
- Commissioner Chris Kourakis, AC: Said the late provision of information disrupted the investigation.
- Counsel for VIDA: Apologised and denied any intention to delay the commission's work.
- Premier Ben Carroll: Declined to comment on the fresh criticism, saying only that there are broad powers.
What to Watch
- The exhibition of text messages involving advisers to former premiers at a later hearing.
- Whether the commission imposes further sanctions on VIDA for non-compliance.
- Potential political fallout for the Victorian government ahead of the next state election.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedThe royal commission rebuked VIDA over redacted notes and warned against obstructing the inquiry.Sydney Morning Herald - Latest News: “The authority delivering Labor’s Big Build has been given a blistering dressing down for obstructing the work of the royal commission into the state’s construction industry”
- SupportedCounsel assisting said unredacted notes showed that further work stoppages at Gap Road would require a project extension.Sydney Morning Herald - Latest News: “The material, when it was eventually submitted in unredacted form, revealed the authority’s concern that any further work stoppages at the Gap Road level crossing removal site would require the project to be extended.”
- SupportedThe unredacted notes recorded concerns that the CFMEU was “driving some companies re. Aboriginal employment out of business”.Sydney Morning Herald - Latest News: “Another redacted note, belatedly disclosed, documented the authority’s concerns that the CFMEU was “driving some companies re. Aboriginal employment out of business”.”
- SupportedVIDA was criticised on Thursday for delaying documents and providing heavily redacted material without explaining the redactions.Sydney Morning Herald - Latest News: “by delaying the release of requested documents, or releasing them in a heavily redacted form. ... with no explanation of why several pages of material had been blacked out.”
- SupportedThe existence of Evan Tattersall’s handwritten notes was disclosed on November 7, more than two weeks after the commission’s request and two days before hearings began.Sydney Morning Herald - Latest News: “it was submitted to the commission on November 7, more than two weeks after the commission requested information from VIDA about Gap Road, and just two days before hearings began.”
- SupportedTattersall’s note read: “Wilko [Rail Projects Victoria chief operating officer Peter Wilkinson] re Gap Road: ‘If don’t work this long weekend will need extension’.”Sydney Morning Herald - Latest News: “It revealed a handwritten note by Tattersall that said: “Wilko [Rail Projects Victoria chief operating officer Peter Wilkinson] re Gap Road: ‘If don’t work this long weekend will need extension’.””
- SupportedCommissioner Chris Kourakis said the late information had disrupted the orderly investigation and pursuit of lines of investigation.Sydney Morning Herald - Latest News: ““the late provision of this information has disrupted the orderly investigation and the pursuit of lines of investigation”.”
- SupportedYoung said the note about the CFMEU had been redacted from the material originally provided to the commission, without explanation.Sydney Morning Herald - Latest News: ““That was redacted from what was originally provided to the commission. Unexplained,” Young said.”
- SupportedYoung said John Setka called Matthew Tonagh “a good asset to the union” at a delegates’ meeting in March 2024.Sydney Morning Herald - Latest News: “Disgraced ex-CFMEU secretary John Setka called Tonagh “a good asset to the union” at a delegates’ meeting in March 2024, shortly after he left the premier’s private office, Young said in his opening comments.”
- SupportedThe CFMEU shut down the Gap Road project on June 6 and 7, 2022, seeking to displace the Australian Workers’ Union from the site.Sydney Morning Herald - Latest News: “What happened at the Gap Road level crossing project on June 6 and 7, 2022, is the focus of this 10-day block of hearings. The Construction, Forestry and Maritime Employees Union shut down the project as it sought to displace rival union, the Australian Workers’ Union, from the site.”
- SupportedPaul Tzimas told the hearing that his boss, Joe Myles, suggested he had a direct line to then-transport minister Jacinta Allan.Sydney Morning Herald - Latest News: “Former senior union official Paul Tzimas, who was at the 2022 meeting, told the hearing on Wednesday that his boss, Joe Myles, suggested he had a direct line to then-transport minister Jacinta Allan”
- SupportedPremier Ben Carroll said, “I’m not going to run a commentary on it, except to say there are broad powers.”Sydney Morning Herald - Latest News: ““I’m not going to run a commentary on it, except to say there are broad powers,” Carroll said.”