Mr Burns has been sworn, he has adopted a witness statement and he agrees that he appeared for the TWU in the matter of the EBA with Toll.  He agrees that Paul Bracegirldle appeared before Commissioner Ian Cambridge unrepresented (by phone) and that he Michael Burns appeared for the TWU.

He states that he discussed his instructions from the TWU with Michael Kaine.

He agrees that he wrote to the Fair Work Commission seeking to have substantive paragraphs removed from a finding by Commissioner Cambridge regarding Paul Bracegirdle's wish to choose his own superannuation fund.  He said it wasn't extraordinary, but he agreed that he'd never done it before not had he seen it done before.

Mr Burns has been excused.