This article is from the Australian Property Journal archive
FEAR of reprisal and murky complaint processes are holding back whistleblowers from putting a spotlight on wrongdoing in Victoria’s construction sector, according to the interim report of a state government-ordered investigation, and integrity agencies need a broader remit when it comes to investigative capabilities.
The 47-page report represents an early market of former justice department chief Greg Wilson’s probe, following allegations by Nine newspapers and 60 Minutes that alleged coercion, intimidation and criminal activity involving the influential CFMEU, namely on state government Big Build program job sites.
The full report is due to be handed down later this year.
It comes just a week after the federal government forced the CFMEU’s construction arm in administration, removing around 280 union officers from their roles. In response, sacked CFMEU leaders vowed the “absolute destruction” of the Labor Party.
Wilson’s interim report said, “there is significant reluctance to make complaints from within the industry, both because of fear of reprisal and because people lack confidence that anything will be done.
“Even if people wish to make a complaint, they are not certain as to who they should make it to.
“This review is aware of cases where there have been attempts to complain about conduct on a building site but the complainants have struggled to find a body that is able to address their problem,” the interim report said.
“One person described approaching 10 entities over two years, including state and federal bodies and major contractors, and being unable to find anyone who could deal with the issue they were raising.
“The current landscape is confusing, with multiple state and federal entities responsible for investigating complaints about different types of conduct.”
The interim report suggested the exploration of opportunities to expand the remit of the state’s integrity agencies to bolster the protections against misconduct and corruption in Victorian government construction projects.
It also suggested investigating further opportunities to create a complaints scheme across Victorian government construction projects that provides a single gateway for complaints of unlawful behaviour, and if oversight of compliance with procurement and contractual requirements can be strengthened, particularly in relation to sub-contractual arrangements.
The report said Victoria’s integrity agencies “do not have a role in investigating allegations of corrupt behaviour between private bodies, unions and private individuals of the kind that has led to this review”, while the review “acknowledges that any reform in this area would give rise to challenging legal questions”, and that expanding any integrity agency’s remit “would create more competing priorities for that agency’s existing resources”.
The effectiveness of collaboration between state and federal government and other entities should also be critiqued.
“I made a commitment to release the report, which is exactly what we’ve done,” Premier Jacinta Allan told reporters.
“I want to say to the tens of thousands of constructions workers…those people deserve a strong union, they deserve the best representation.”
In a statement, state opposition leader John Pesutto said the release of the interim report “demonstrates the farce” of Premier Allan’s response to the allegations of misconduct.
“Victorians deserve to know the extent to which bikies and organised criminals have infiltrated major projects, how this was allowed to occur, who is responsible and how much it has cost taxpayers.
“This report has been set up by Premier Allan in a way that does not answer these questions and is unable to do so.
“This is not a genuine effort to bring about effective reform that will crack down on CFMEU misconduct and rein in the massive billion-dollar cost blowouts that all Victorians are paying the price for.
“Only a royal commission, as proposed by the Victorian Liberals and Nationals, will get to the bottom of the alleged rorts and criminal conduct that has flourished across Big Build sites under the Allan Labor government.”
