Mr Sucic has been sworn and is seated in the witness box.
He describes himself as a construction worker - his shirt gives another impression.
He was shown an email from "Anton, OHS Rep" from the S8 site at Pentridge Village developed by West Homes.
He states that he can't remember seeing or writing the email.
Mr Sucic has made a witness statement in which he states "I refused to sign a contract of employment....."
He has been shown an employment contract which he signed with Brookfield Multiplex. He was asked whether he had signed the contract of employment with Brookfield Multiplex, he avoided answering directly stating that he was naive as to what exactly constitutes a contract.
He was asked if he was prepared to accept that he had signed a contract of employment with Multiplex, he stated that he could be prepared to accept that proposition if the contract was in fact a contract. Mr Elliott (counsel assisting) put to him that his reluctance arose from his witness statement in which he gave evidence that he refused to sign an employment contract on the Pentridge site because it was not covered by an EBA.
Mr Elliott said, "Your evidence just doesn't make sense, you're making it up."
Mr Sucic, "I think you should change your line of questioning."
Mr Sucic is trying to put the position that he was not at the Pentridge site as a CFMEU recruiter. He states that he was employed solely as an OH&S officer. Mr Elliott has vigourously put to him that he was a CFMEU recruiter - Mr Sucic denies that proposition.
The Commissioner has commenced to ask questions. In earlier evidence Mr Sucic stated that he was not in the employ of West Homes on the date an email was sent from "Anton, OHS Rep." The Commissioner has shown Mr Sucic some payslips made out in his favour from West Homes dated after the email in question was sent, stronly suggesting that Mr Sucic was still in the employ of West Homes.
All the while Big Dave's thumbs were giving his iPad a hiding - might want to conside some other muscle groups too Dave.
Mr Sucic was shown a diary entry recording a meeting between "Anton" and Lee Chiavaroli. He was asked about the meeting and responded by asking Counsel Assisting, "Is this a fictional diary or a real one?"
The Commissioner suggested that Mr Sucic should allow Mr Elliott to ask the questions.
Counsel Assisting, Mr Elliott has taken Mr Sucic to a series of phone calls apparently between Mr Sucic and Mr Chiavaroli. Mr Sucic disputes that he spoke regularly with Mr Chiavaroli, his position is that Mr Chiavaroli avoided talking to him. In the process of his examination Mr Elliott put a series of digits to Mr Sucic which Mr Sucic agreed was his mobile phone number. Apparently it's still his mobile phone number.
The Commissioner made a non-publication order in respect of the mobile phone number, "In case someone is being so diligent as not only to watch these proceedings but to make detailed contemporaneous reports of the proceedings." Consider the number unpublished.
At 1137 Mr Elliott concluded his examination.
After initially indicating he did not want to examine his client Mr Agius received a "reminder" and asked whether or not Mr Sucic's phone could receive voice mail messages. Ahem.
At 1138 the Commission adjourned after excusing Mr Sucic.