Failures of police and contractors in focus over infamous worksite brawl

Alleged failures from both police and major contractors to prevent the escalation into violence of a CFMEU blockade of Brisbane rail project sites have been aired in Queensland’s inquiry into the union and construction sector.

The public probe has returned for a second day of evidence this week surrounding the May 2023 incident, which resulted in what Commissioner Stuart Wood described as a “riot” at the Dutton Park Cross River Rail station site.

A series of two dozen CFMEU-associated men involved – some previously subject to a public callout by the inquiry – have also been identified, with Wood questioning the police response and the actions of firms employing the men.

“One of the things that’s come up over the past couple of days has been the failure of the police to ensure there was lawful access to this site,” Wood said on Wednesday morning.

“But if each of the employers – and I think Hutchinson’s got five of them – had either not employed these people as delegates, or had ensured they stayed at the site at which they were nominally employed, you wouldn’t have had that group of people at the Cross River Rail site for the police to have to be called.

“So there is a sort of upstream problem. It’s all very well to criticise the police for their failure, but what are these tier-one contractors doing, allowing this army of delegates to run around causing havoc?”

Counsel assisting the inquiry Eddy Gisonda KC reminded Wood the brawl, which emerged as a group of workers attempted to enter one of the project sites being obstructed by the CFMEU, was happening at the same time as a separate union campaign.

This one, relating to the Centenary Bridge upgrade in Brisbane’s west, was subject to evidence during a recent hearing that ousted union leadership figure Jade Ingham had sent a message to all delegates requiring them to attend that site.

“And then you saw the outcome of that. There was at least 30, if not more, delegates, and there was other evidence where he threatened to have 2[00]-300 people attend the site at a moment’s notice,” Gisonda said.

“But in order for those people to be able to follow those instructions, they need to either have the permission or acquiescence of their employer.”

Gisonda also took the inquiry through detail of the 15 men who the inquiry wanted to hear from in a public call-out in April so “all relevant perspectives are heard”.

Most of the men were not employees of the project, and had roles in other parts of Brisbane and south-east Queensland. A number were delegates with major contractors including Hutchinson, John Holland and Multiplex.

Others, including Dean Rielly, Dylan Howard, Andrew Blakeley, Cody Budgeon, Dennis Mitchell, Hayden Turner-Davey and Matthew Vonhoff, were CFMEU organisers. Mitchell and Turner-Davey were described by Gisonda as the two “main men” involved in the brawl.

Earlier on Wednesday, a human resource manager on the project – Matt Papworth – said the situation was difficult for the Unity Alliance, including the CFMEU-targeted CPB, to manage.

Gisonda took Papworth through a WhatsApp chat for senior figures that catalogued the union campaign and project’s response around the brawl – which triggered a court injunction.

Messages shown to the inquiry, and Papworth’s evidence, show discussion of the union’s actions being in breach of the order.

One message also included a copy-and-pasted response from police over concerns raised about union action at one of the sites with a strong CFMEU presence during the period.

It appeared to show police saying they were aware of “planned industrial political activity involving CFMEU members” but “will not be responding to any industrial incidents unless criminal activity occurs or there is serious public disorder”.

“I think a presence from Queensland Police would have been advantageous,” Papworth said.

Wood said the situation seemed to bear resemblance to a matter in Tasmania where there was a “misunderstanding” by the police commissioner in how to respond to an issue at the Burnie Paper Mill.

Gisonda said it was “the exact issue” and there seemed to be a misunderstanding “as to whether criminal activity is occurring in the first place” and that public disorder had to be of a “serious” nature.

“What are they supposed to do if the police don’t act,” Wood said. “I mean, they’ve got the option of self-help, try and push through the picket line – which then turns into a riot – or give in. I mean, what do you do?”

The $95 million multi-year inquiry, in its fifteenth block of public hearings, will continue to hear evidence across Wednesday and Thursday.

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