At 8.30 the Commission opened its session for the day.
Mr Stoljar has explained that in the first instance today's proceedings will hear the continuation of the cross-examination of Mr David Atkin the CEO of CBUS.
Mr Atkin has been sworn.
Ms Heath for LisCon is now cross-examining Mr Atkin.
Ms Heath asked Mr Atkin if he was aware that LisCon terminated CBUS as its default fund in September 2013 as a result of it becoming aware that confidential member information had been leaked from CBUS. Mr Atkin confirmed that he knew that had happened.
Ms Heath asked why Mr Atkin continued to supply information about LisCon payments to CBUS up to July this year, including one data transfer so large that he stated he needed to use a data memory stick rather than email.
Ms Heath has produced an apparently large number of file notes from internal CBUS documents recording that LisCon paid its superannuation contributions quarterly rather than monthly. The contributions were made in accordance with the ATO's dates and thus LisCon was not in arrears. Other file notes state that LisCon has "mostly been up to date" in paying its superannuation bills. Mr Atkin appeared to be surprised by the correspondence.
A BIT AFTER 9AM THE COMMISSION'S WEBSTREAMING FEED CEASED TO WORK
The internet drama is at my end, fix on the way. In the interim if you could keep the running commentary up I can post your comments as they happen.
At 10.45 the internet graciously agreed to cooperate again.
Ms Heath has completed her cross examination of this individual.
Mr Stoljar is pursuing Mr Atkin about a phone call from Lisa Zanatta made by her at 4.30pm one Friday evening. Ms Zanatta reports to someone who reports to someone who reports to the CEO. Mr Stoljar amply displays his disbelief in the story that Atkin is putting forward - that Zanatta rang him as CEO to discuss arrangements for a very lowly new co-ordinator. Atkin states that was the only thing they discussed. They did not discuss LisCon at all, no sirreeee!
Mr Stoljar appeals to Mr Atkin's sense of chivalry and gentlemanly-ness, "Did you hear Ms Zanatta's evidence - she said she lied to protect you?" Sadly this odious creep has no character or moral fibre to appeal to - Mr Stoljar's appeal fell on deaf ears attached to a dumb head.
I've separately posted the bespoke KPMG report produced to order for CBUS management. Mr Stoljar has quizzed Mr Atkin a fair bit about it. He pointed to one magnificent effort that helped CBUS management form the view that the practice of staff knocking off the members confidential info for the CFMEU was not widespread - just count the 400 odd LisCon members as just one incident, then repeat that process for every instance you find out about.
See? It only happened F times. Or 4 occurences involving LisCon employees - depending on your view. As Mr Stoljar pointed out, from 1 August 2013 complaints started coming in to CBUS from members who had been contacted by the CFMEU officials who were in possession of all the members' details. About 400 leaked individuals in one case and 380 individuals in the other. Maybe KPMG's Excel Spreadsheet macro program doesn't run to that big a number. Or it might have stuffed up the formatting of the report. Anyway it wasn't important enough to include in the balanced KPMG report.
Here's some August 2013 evidence of a fairly large leak.
Mr Atkin told the Commission that Ms Zanatta's employment with CBUS has been terminated. That poor silly girl getting involved with evil blobs of spineless lard like the CBUS leadership - it was bound to end in tears.
He says he takes responsibility for the culture of CBUS and its performance but I'm buggered if I can see how. It sounds like someone told him a CEO says "I take personal responsibility for the culture and performance of [insert name]" - Mr Atkins can recite the phrase word-perfect.
But don't feel too bad for Lisa - she might get a job doing investigations and reports for KPMG. CBUS used her to investigate the 380 member details leaked in the Gaske matter. Inspired choice.
Things started to fire up a bit in August 2013 after the dodgy phone calls to LisCon employees started.
On 1 August 2013 Dave Noonan from the CFMEU received this letter from Cleary Hoare lawyers acting from LisCon. The next day Dave's PA sent the letter and accompanying email to David Atkin at CBUS - very chummy!
Dave Atkin (responsible for the culture and performance of CBUS) flicked Dave Noonan's letter on to Maria Butera, Angela Thurstans and by pure chance to Lisa Zanatta (with whom he never discussed LisCon anyway).
Maria Butera is a gem! She sent Dave's letter from LisCon to a Vicki Doherty - with the GetSmart/MissionImpossible instruction that the email should self-destruct in five seconds "Read Then Delete". I think that warrants a new TLA for us to LMAO at - RTD.
Is it just me? Or is the confected habit of starting every answer to a question from Counsel with the word "So......." amongst the more annoying of the modern corporate guru affectations? Check out the transcript when it lobs later on today - I'd like to make a book on how many of Atkin's answers start with "so", somewhere north of 90%.
At 11.51 Mr Atkin was allowed to leave the witness-of-truth box but he has to stick around till we see what Ms Butera has to say after lunch. Chances are more nuggets of truth might accidentally penetrate the murkiness and the Gentleman's Gentleman Atkin will have to hop the box again should that be the case.
By the way CBUS members paid him about two large for fronting today. That's what he gets every day, every week. Ten large per week. Half a mill per year for being able to recite "So.......I take personal responsibility for the culture and performance of the new organisation I'll be going to lead as we take [insert name] to the next level".
Here are some numbers to crunch unhappily for lunch. Back at 1400.
One of the off-sites captured the CBUS/CFMEU culture to hand on to the next cad-off-the-rank of chivalrous responsibility-takers lining up to get the nod from Sussex Street for the CBUS corporate turnaround.