WorkSafe Victoria’s chief health and safety officer, Sam Jenkin, has told the royal commission into the construction industry that the watchdog repeatedly warned the state government about the CFMEU’s use of spurious safety claims to disrupt major projects, particularly the $10 billion West Gate Tunnel, casting fresh doubt on the government’s insistence it was unaware of the conduct before the Building Bad investigation in mid-2024.
Jenkin described regular high-level meetings with then-minister Ingrid Stitt and her staff as one of the ways WorkSafe communicated the CFMEU’s disruption of major projects using unfounded safety claims. “These issues were recorded within WorkSafe in weekly email updates and highlighted in written and oral briefings to the minister’s office, including by the CEO personally,” he said.
Jenkin’s evidence follows the release of multiple briefing notes from senior bureaucrats seeking to warn then-minister Jacinta Allan of costly and significant problems caused by the union. Jenkin said WorkSafe had regularly observed CFMEU officials entering projects over matters that “appeared not to relate to genuine safety concerns” as part of an industrial battle with the Australian Workers Union. He said CFMEU-aligned officials may have been raising safety concerns to advance industrial and other interests, a pattern most pronounced at the West Gate Tunnel, which was beset by delays and cost blowouts.
On several occasions, WorkSafe suggested the officials should be removed by Victoria Police as they were trespassing. Jenkin noted that CFMEU issues “arose with a greater degree of frequency, or intensity, when time-critical works were due to occur” such as road closures or public transport shutdowns.
Jenkin said WorkSafe’s chairman and chief executive were among those who briefed Stitt. The chief executive held monthly meetings with Stitt throughout 2022. WorkSafe inspectors, however, did not have the power to act as an umpire in industrial disputes and had little ability to remove union officials acting improperly. The agency also faced “marked hostility” from the CFMEU, which published highly critical social media posts naming WorkSafe staff; the posts had resulted in death threats. Since last year, inspectors heading to known trouble sites have operated on a “two-up” basis to help deal with the prospect of violence.
Analysis
Why This Matters
- The submission contradicts the Victorian government’s claim it was unaware of the CFMEU’s conduct, raising questions about accountability.
- It underscores the extent of union disruption on major infrastructure projects, contributing to delays and cost blowouts.
- The royal commission’s findings could lead to regulatory changes in the construction industry and affect workplace safety powers.
Background
The Building Bad investigation in mid-2024 exposed alleged misconduct by the CFMEU, prompting the Victorian government to establish a royal commission into the construction industry. WorkSafe Victoria is the state’s workplace safety regulator, tasked with enforcing occupational health and safety laws. The CFMEU is a powerful union representing construction workers; its tactics have been under scrutiny since the investigation.
Key Perspectives
WorkSafe: says it repeatedly warned the state government about the CFMEU’s use of spurious safety claims to disrupt major projects.
Victorian Government: has insisted it was unaware of the CFMEU’s conduct before the Building Bad investigation.
What to Watch
- Whether the royal commission’s final report recommends expanding WorkSafe’s powers to intervene in industrial disputes.
- Potential political fallout for the Victorian government if the commission finds it was warned but failed to act.
- Further testimony from government ministers and bureaucrats in the coming weeks.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedJenkin said: “These issues were recorded within WorkSafe in weekly email updates and highlighted in written and oral briefings to the minister’s office, including by the CEO personally,”Brisbane Times - Latest News: ““These issues were recorded within WorkSafe in weekly email updates and highlighted in written and oral briefings to the minister’s office, including by the CEO personally,” he said.”
- SupportedJenkin said officials entered projects over matters that “appeared not to relate to genuine safety concerns”.Brisbane Times - Latest News: “Jenkin said WorkSafe had regularly observed CFMEU officials entering projects over matters that “appeared not to relate to genuine safety concerns””
- SupportedJenkin said CFMEU issues “arose with a greater degree of frequency, or intensity, when time-critical works were due to occur”.Brisbane Times - Latest News: “Jenkin said another noted pattern was that CFMEU issues “arose with a greater degree of frequency, or intensity, when time-critical works were due to occur””
- SupportedThe agency faced “marked hostility” from the CFMEU.Brisbane Times - Latest News: “Additionally, there was also “marked hostility” towards WorkSafe from the CFMEU during the period”
- SupportedInspectors at known trouble sites operated on a “two-up” basis.Brisbane Times - Latest News: “Since last year, he said, inspectors heading to known trouble sites operated on a “two-up” basis to help deal with the prospect of violence.”
- SupportedWorkSafe’s submission details repeated warnings to government about CFMEU disruption, including briefings to the minister about the union’s use of spurious safety claims.Brisbane Times - Latest News: “The workplace safety watchdog repeatedly warned the state government about the CFMEU’s escalating use of spurious danger claims to disrupt major projects”
- SupportedJenkin’s claims cast fresh doubt on the government’s insistence that it was unaware of the CFMEU’s conduct before the Building Bad investigation in mid-2024.Brisbane Times - Latest News: “WorkSafe Victoria’s chief health and safety officer Sam Jenkin’s claims in his submission to the royal commission into the construction industry cast fresh doubt on the government’s insistence it was unaware of the CFMEU’s conduct prior to this masthead’s Building Bad investigation in mid-2024 .”
- SupportedThe West Gate Tunnel is a $10 billion project and was especially associated with the alleged disruption.Brisbane Times - Latest News: “The workplace safety watchdog repeatedly warned the state government about the CFMEU’s escalating use of spurious danger claims to disrupt major projects, particularly the $10 billion West Gate Tunnel.”
- SupportedBriefing notes from senior bureaucrats sought to warn then-minister Jacinta Allan of costly and significant problems caused by the CFMEU.Brisbane Times - Latest News: “Jenkin’s evidence follows the release of multiple briefing notes from senior bureaucrats seeking to warn then-minister in charge of the major projects, Jacinta Allan, of costly and significant problems caused by the CFMEU.”
- SupportedJenkin said CFMEU-aligned officials may have raised safety concerns to advance industrial and other interests, with the pattern most pronounced at the West Gate Tunnel.Brisbane Times - Latest News: “CFMEU aligned [officials] may have been raising safety concerns to advance industrial and other interests, including with employers and during a demarcation dispute with a rival union, the Australian Workers’ Union,” he said. “As a general rule … they arose earlier, more consistently and were most pronounced at the West Gate Tunnel Project.””
- SupportedWorkSafe’s chief executive held monthly meetings with Stitt throughout 2022.Brisbane Times - Latest News: “The WorkSafe chief executive held monthly meetings throughout 2022 with Stitt, which were usually also attended by her chief of staff and a policy adviser.”
- SupportedThe CFMEU published highly critical social media posts naming WorkSafe staff, and the posts had resulted in death threats.Brisbane Times - Latest News: “the union published highly critical social media posts naming WorkSafe staff, which had resulted in death threats.”