The aggressive and violent storming of a state government office by CFMEU thugs was shrugged off by then transport minister Mark Bailey as “unions being unions”, an inquiry has heard.
A security guard was bowled over after CFMEU members forced open the doors of Transport and Main Roads’ Mary St offices during the August 2022 confrontation that later sparked a series of workplace compensation claims by traumatised public servants.
Director-general Neil Scales, in explosive written evidence, alleged he could hear union members going room to room searching for him as the building was forced into lockdown.
But afterwards Mr Bailey, who was meant to attend a meeting at the TMR office that morning but didn’t appear, allegedly told Mr Scales the incident was just “unions being unions”.
IF TRUE, THIS IS DISGRACEFUL BEHAVIOUR BY A MINISTER. READ TODAY’S EDITORIAL AND JOIN THE DISCUSSION
The explosive evidence from Mr Scales at the CFMEU commission of inquiry also included claims former minister Mick de Brenni spearheaded the controversial Best Practice Industry Conditions policy, which led to major cost blowouts across taxpayer-funded projects.
Labor declined to comment.
It was Mr Scales’ opposition to the policy, and his support for Australian Workers’ Union coverage on Cross River Rail sites that made him a target he alleged.
Mr Scales said the CFMEU’s actions on August 23, 2022 were “very unsettling”.
“They were chanting ‘Neil Scales, I smell corruption’, he said.
Videos taken from police body-worn cameras were played to the inquiry, showing members bowling through the front door of TMR, knocking a security guard to the ground and occupying the first floor of the building. A large group then invaded the conference room and asked police officers to leave so they could hold a union meeting. In one video, former CFMEU leader Jade Ingham tells a police officer that the members would be “peaceful and orderly”.
Mr Ingham, when asked about the protest by this masthead in 2022, described the reaction to the incident as a “storm in a teacup”.
Mr Scales said at least four TMR staff had been in the conference room before the CFMEU arrived and kicked them out. One employee reported protesters were “aggressive, yelling, and were pushing through employees to gain access to other areas of the floor” before telling employees that they were “having a meeting and just get the f–k out”. TMR staff reported union members walking through the conference area carrying flags, signs and an effigy of Mr Scales.
They said they felt unsafe and unprotected as they remained locked on the ground floor with the protesters.
In another workplace compensation claim, an employee criticised the department’s poor reaction to the incident and failure to defend its staff.
“This has left me feeling vulnerable, as there appear to be virtually no consequences for any militant protesters who may choose to invade my workplace,” they said. “(It) has shown me that a similar event could even happen again at any TMR workplace, even if security guards and multiple police officers are present.
“ … it has given me a unique perspective to identify the parallels between my experience with a large 6’2” man invading my home loudly shouting and menacing my family, and the 300 or so large burly CFMEU protesters who invaded my workspace and intimidated me and my colleagues. I simply don’t understand how TMR can be vocal about domestic violence, but not proactively condemn those who intimidate us in our workplace, other than as a response to media inquiries.”
According to Mr Scales, the CFMEU had rallied against him personally due to their frustration over BPICs. He said he told Mr Bailey in 2019 and 2020 that BPIC would put TMR projects at serious risk and likened fighting against the policy to “trench warfare”.
“In my view, BPIC was not an effective policy, and the Transport BPIC was not favourable to the union as the BPICs in other departments, the union held rallies aimed at intimidating, abusing and discrediting me,” he said.
“I recall they also had a soccer ball with a picture of my face affixed to it, which they would kick around.”
In his submission to the inquiry, Mr Scales said BPIC was originally designed to “give unions unfettered access to worksites by making all workplace health and safety representatives union delegates”.
He said the policy, initially introduced as a government-wide procurement policy, was guided by departments headed by Labor Ministers Mick de Brenni and Grace Grace.
Mr Scales told the inquiry he also warned Mr Bailey that BPIC would add considerable costs to transport projects and delay their delivery.
But he said he was bound to design and adopt a TMR version of BPIC after Labor implemented a statewide procurement policy and demanded it be applied to all projects worth over $100m.
The inquiry heard Mr Scales held meetings with the CFMEU to attempt to find middle ground on BPIC policy without “giving away the farm”.
He recalled one meeting with CFMEU officials which he attended with TMR procurement manager Deanne Hawkswood.
At this meeting, Mr Scales claimed Michael Ravbar told Ms Hawkswood that “contractors are raping Queensland” which made her so uncomfortable and intimidated that TMR stopped holding meetings at the CFMEU Bowen Hills office.
He said Michael Ravbar would tell him, “I’ve been talking to the f–king Premier and your minister, and they all agree you are the worst f–king Director-General … ever.”
Mr Scales told the inquiry he stopped attending the meetings as his presence seemed to “inflame” the unions. He expected to stay on as director-general in 2023, but was told five days before his contract expired that it would not be renewed. His sudden departure also meant he was unable to farewell his staff or stakeholders after a decade of public service.
Mr Scales told the inquiry he suspected Mr Ravbar influenced Premier Annastacia Palaszczuk and her office to have him removed due to his support of AWU coverage on the Cross River Rail site, and his opposition of BPICs.
“I believe Mr Ravbar would have sought to use his influence with the Premier and her staff to ensure my contract was ended,” he said. “I also believe the stance I adopted in respect of the union’s involvement resulted in the Premier’s Office blocking some potential awards to recognise my service.”
Mr Scales said he was never given a reason for his contract not being renewed. When it ended, the CFMEU posted a statement titled “Vale Neil Scales” on its social media accounts. It said: “Don’t let the door bang you on your arse on the way out.”
The inquiry resumes next month.