First word this morning goes to Seeker of Truth

seeker of truth said:

The Commission is adjourned until 11AM in order for Mr Stoljar to consider legal issues associated with an objection raised by Mr Agius for the CFMEU.

At 11AM the Commission resumed, Mr Troy Armstrong in the witness box.

Mr Armstrong is a sub-contractor for Gunghalin Concreting, he dealt with Richard Lewis of Gunghalin.

He has described a conversation with a CFMEU official who was intimidating towards him and was pursuing him for a CFMEU EBA.

Mr Armstrong has resisted signing an EBA with the CFMEU - he has set out the reasons in his witness statement which  should make fascinating reason when it's released, there have been substantial objections to it by Mr Agius for the CFMEU.

At 11.08 Mr Stoljar completed his examination - Mr Agius for the CFMEU cross-examining Mr Armstrong now.

Mr Armstrong states he cannot afford to enter into an EBA with the CFMEU, he can't afford to pay the rates the CFMEU stipulates.   He himself only draws a $90,000 salary gross.

Mr Armstrong states in writing that he didn't want to sign an EBA with the CFMEU because they were "liars, thugs and not concerned about safety."  Reasonable synopsis I would have thought.

Mr Agius just took a hell of a leap - because the CFMEU did not agree with a position or opinion expressed by Mr Armstrong (that WorkCover had caused a safety notice to be issued, rather than the CFMEU) he Mr Armstrong was lying.  The Commissioner launched into Mr Agius.

At 12.01 Mr Agius completed his examination and Mr Armstrong was excused.

The next witness is Robert Rossi.

Mr Rossi has 40+ years in the building industry.

He was a foreman for Claxton Homes.  He has described the CFMEU attending at a building site for which he was responsible, he states that the CFMEU officials who attended the site made what turned out to be a false allegation that the site lacked either of a first aid box or person with a first aid certificate.  He states that as a result his "boys" in his absence shut the site down.

He described another situation where 4 or 5 CFMEU officials attended a site, they scattered once they were on site and he observed one official "a big Maori bloke, 120 kilos or more" who grabbed a hold of a handrail and "started shaking it back and forth with all his might".   The CFMEU official stated that as a result of subsequent movement in the rail the site was not safe.   Mr Rossi said, "it's not a swing".

A WorkSafe official attended the site after the CFMEU ordered that a concrete pour be stopped while halfway through.   The WorkSafe official cleared the pour to continue - at that point a CFMEU official became agitated, pointing his finger at the WorkSafe official while standing very close to him.  The CFMEU official said "if someone gets hurt here you're going to jail" to the WorkSafe official, the WorkCover official appeared to be quite taken aback, he backed off.  The job was shut down.

He describes warning the CFMEU off from another of his worksites, "I don't take no rubbish from nobody".  He very much looks like he means it too!

At 12.24 Mr Stoljar completed his examination.

Mr Agius for the CFMEU is cross-examining.

Mr Agius is spending a lot of time telling Mr Rossi that his method of taking notes is not what Mr Rossi thinks his method of taking notes is.

Mr Rossi is a builder who makes short notes in a diary after work.   He is not a policeman or lawyer trained in taking contemporaneous notes in an "I said, he said" fashion.   But he is staunch in describing the triggers for his own recall of what happened - if that's his method fair enough.

A good example came when Mr Agius spoke about an entry that include the letters "e.g.".  Mr Agius said "that means for example doesn't it?"  

Mr Rossi, "No it means egcetera to me".

AT 12.50 Mr Agius completed his examination.

Mr Stoljar has produced WorkCover's notes from its inspections subsequent to the CFMEU claims about safety and put them to Mr Rossi.

At 1.04 Mr Stoljar completed his re-examination.   Mr Agius asked for some time to consider those documents, he was told to get on with it now.

Mr Agius is further cross examining Mr Rossi now on the new documents.

At 1.12 Mr Rossi was excused.

The Commission will take a late lunch today, the next witness has a concrete pour on shortly (CFMEU willing or CFMEU-shallah).

Zoran Sojjanovic is a sole trader trading as Claxton Constructions.  He has been sworn on the Bible.

 Mr Stojanovic described the CFMEU official (whom he called Fifi) shaking the handrail around a concrete slab, he held up both hands and shook back and forth violently.

He describes a man called Joseph from WorkSafe, "he's only a young fella".  He states that Dean Hall got in Joseph's face, pointing his finger and speaking aggressively, Dean Hall of the CFMEU said in a threatening way, 'If you don't shut this site down and someone gets hurt you're going to jail".

At 1.27 Mr Stoljar completed his examination.

And now for Mr Agius.

Mr Agius is trying to get Mr Stojanovic to agree that Dean Hall did not make the "you'll go to jail" statement.  Mr Stojanovic is not shaken.

Mr Agius just tried to make a goose out of Stojanovic by suggesting that Stojanovic doesn't know the law regarding entry by CFMEU officials.   Both Stojanovic and the Commissioner proved their superior knowledge to that put my Mr Agius.   He looks a bit of a goose, Stojanovic the star.

At 1.40PM Mr Stojanovic was excused.

THE COMMISSION ADJOURNED UNTIL 2.45 PM