Senate Education and Employment Legislation Committee, , 8:46:39 to 8:53:32
The committee examines the Fair Work Ombudsman's oversight of the CFMEU, including oppositions to right-of-entry permits, investigations into site shutdowns, and awareness of corruption findings in the ACT.
Topics: Workplace relations, Integrity, Public safety
Speakers: Senator Jane Hume, Rachel Volzke, Michael Campbell, Senator Marielle Smith, Anna Booth
Sorry, I promise I'll get there. Senator it'll be as quick as I possibly can. I just want to follow up on some of the questions that my colleague Senator Kavatic asked. Um around the CFMEU administration. I want to understand how many right-of-entry permit applications the Fair Work Ombudsman has opposed since the CFMU administration began, and how many of those oppositions succeeded.
Do I know that we have opposed? Um I refer to Ms. Volski for the correct number.
Uh so Senator, we um commenced one um Fair Work Commission right of uh right of entry matter in relation to um Mr. Edmund Margeny um seeking suspension um of his permit. Uh but we subsequently discontinued that when the criminal um uh uh criminal charges against him were discharged. And also oh man, I'm just looking for another Mr. We also um have sought permission to be heard in relation to um a number of permit application matters, so at the beginning, as opposed to setting the suspension, which we did with Mr. Margeny, because he already had the permit. So for those, um there were three of those we sought to be heard in relation to three of those. Um one of them was in relation to uh Mr. Joel Shackleton. Um another one was in relation to uh Mr Dean Riley, that hearing we we we were heard in relation to that matter at that hearing occurred on the 10th of December 2025. We made submissions in relation to that, but uh the decision was subsequently made by the Fair Work Commission on the 27th of May 2026 granting him that permit.
Right.
I just haven't got the name as well. Oh, Mr. Hassett as well.
Hassett, thank you. Riley, I realise this was a conversation that occurred during the last round of Senate estimates. Um I want to know has the Ombudsman been monitoring Mr. Riley since June, or once it's once the Commission has approved it, we're done. How does that work?
Well, I I think Mr. Campbell's already spoken about obviously the investigation activities that we do, but I mean it's the Fair Work Commission who um obviously um is responsible for administering, I guess the regime, but certainly to the extent that there's any intelligence that comes our way, we would action that appropriately.
So has there been any complaints or any intelligence about Mr. Riley since his permit was granted?
Senator, I none that's springing to mind, Senator. I'm not saying there hasn't been, but it I also need to be careful if it's a subject of investigation, it may not be something I've put into the public domain either way, but it it I tend to know when there's been um concerns raised by sort of a person of interest. Yep, and it's not jumping to mine straight away.
Thank you. I want to ask about a report in the AFR this in May this year that the CFMU shut down Len Lease sites across Sydney and then three weeks later it disrupts work at Shifley South and at three New South Wales government hospital projects. The union site and safety concerns. Has the fair work in beds been investigated whether any of those shutdowns actually did constitute unlawful or unprotected industrial industrial action?
Yes, Senator, and according to Len Lease, there were safety related concerns.
There were safety related concerns.
According to Len Lee, Senator.
Concerns. Alright. In the ACT in July, the ACT Integrity Commission's Operation Kingfisher made corruption findings against two senior officials over an $18.8 million school upgrade contract. A local builder who's been assessed as better and cheaper didn't win that contract. The Commission was told that CFMEU did not like that builder because he didn't have a union agreement. Is the Ombudsman aware of that operation? Operation King Fisher and its findings.
No, Senator. That's not the sorry, I'm not Senator. I don't recall any investigation into that.
Okay, so the Fair Work Commission hasn't received any other complaints about the CFMEU pressuring builders in the ACT because they don't have union agreements?
Do you mean the Ombudsman, Senator?
Yes.
Sorry, fair weeks obviously.
No, that's cool. Can I take that of notice? I don't I'd need to confirm if we've had a coercion investigation in Canberra. Um it may have would we may have had some allegations about that, but I can't recall it.
Okay. Thanks. Thanks, Chair.
Thank you. Um that does convey our questions for you, Ms. B. Thank you to your own says. And we will um suspend for 30 seconds only as we quickly call the officials from the next outcome employment to the table. I feel they're in the room. We'll now resume.