TURC witness list for National Union of Workers (as opposed to rest of us?) next week
Jeremy Stoljar SC misrepresented Kerr Street contract to clear Ms Gillard over Power of Attorney

Trade Union Royal Commission hearing into the house Mirvac and others built for Dave Hanna - live

Should be an uncomfortable afternoon for a certain Mirvac executive.

CLICK HERE TO WATCH AND LISTEN LIVE

Unusually well attended for what me the last hearing into the CFMEU.

Screen Shot 2015-10-30 at 9.56.26 am

 

The hearing opened promptly at 2PM - appearance applications for several parties, all those Counsel were accepted at the Bar table.

The first witness is Jason Vieusseux, Construction Manager at Mirvac.

Screen Shot 2015-10-30 at 10.01.38 am

This bloke has been prepped for this appearance.   He paused after the affirmation, then took his time to pour a drink of water, place it on the table and leave the Commissioner waiting until he was settled.

Screen Shot 2015-10-30 at 10.01.50 am

The nerves were not thereby settled.   He spoke falteringly at first with something of the deer in the headlights about him.

Screen Shot 2015-10-30 at 10.02.01 am

Screen Shot 2015-10-30 at 10.03.52 am

After the last hearing into this matter we posted this:

 

 

Mirvac issued this continuous disclosure statement to the ASX today.

Screen Shot 2015-09-18 at 6.22.56 pm

Jason Viesseux was mentioned more than 50 times in evidence from former Mirvac Queensland senior executive Adam Moore to the TURC today.

Moore alleges Viesseux gave directions that Mirvac payments to the CFMEU should continue but be concealed by  encouraging sub-contractors to make the payments and to issue false invoices to Mirvac for reimbursement.   The Commission  heard evidence those false invoices were approved by Mirvac executives and Mirvac made the payments.

Here are a few extracts of evidence alleging VIESSEUX's directions regarding the alleged fraud.

Screen Shot 2015-09-18 at 6.35.20 pm

 

PAGE BREAKS

Screen Shot 2015-09-18 at 6.36.53 pm

Screen Shot 2015-09-18 at 6.37.01 pm

Screen Shot 2015-09-18 at 6.38.11 pm

Screen Shot 2015-09-18 at 6.38.29 pm

 

There are many more references to Mr Viesseux in the transcript - the ASX may well have a query to Mirvac in relation to its continuous disclosure today which tells the ASX  it was Mr Viesseux who raised the concerns resulting in the termination/departure of two employees.

Mr Moore may have some troubles ahead too if this sworn evidence turns out to be untruthful.

Screen Shot 2015-09-18 at 6.54.29 pm

 

ENDS

Back to today's hearing.

Mr Vieusseux states that the Mirvac policy is that Mirvac does pay to attend union events.

He was referred to evidence the Commission has heard that the Chairman of Mirvac instructed that no union contributions were to be made from Mirvac accounts.   He has given a very rehearsed and lengthy answer, "In the course of preparing for my appearance at the Commission today I have reviewed the available documents within the Mirvac group including emails etc etc etc".

Mr Vieusseux states that Mirvac encourages the attendance of Mirvac staff at union events and is overt and open about paying unions for events and other functions.

Screen Shot 2015-10-30 at 10.15.03 am

The Commission's bar table is packed with corporate types today and the product of their work is on display in the answers delivered from the witness box today.

Screen Shot 2015-10-30 at 10.14.49 am

  Screen Shot 2015-10-30 at 10.25.43 am

Mr Vieusseux was shown an organisational chart showing that Mr Moore reported to him.

Q "When did you first find out about Mirvac assisting with the construction of Dave Hanna's house?"

A "In July this year."

He stated that he met regularly with Mr Moore.

Q "Did you take notes of your meetings with Mr Moore?"

A "I may or may not have taken a note or notes."

Screen Shot 2015-10-30 at 10.22.00 am Screen Shot 2015-10-30 at 10.15.03 am

Ms McNaughton referred Mr Vieusseux to an internal email which apparently referred to the funding of what appeared to be several unionists salaries charged against Mirvac accounts, the email said, "Mate I'm carrying these costs, what should I do...."

Ms McNaughton asked about the practice, Mr Agius jumped to his feet to strenuously object to the question "or questions like it at this late stage of the Commission, we have no chance of responding, the whole question of the union forcing employers to pay for....."

Screen Shot 2015-10-30 at 10.32.29 am

He got up on it, the Commissioner told Ms McNaughton to confine her questions somewhat.

Mr Vieusseux was shown an invoice and correspondence which shows that payment for tickets to a BLF fight night event was disguised in false invoices which showed the work as being for rock excavation.   Mr Vieusseux denied knowing about it.

Mr Vieusseux was shown a series of correspondence showing that Mr Moore had resigned to take up a position with Lend Lease.   He states that he accepted the resignation.  He states that Mr Moore left the company in circumstances where he Vieusseux had some "procedural type concerns" which after questions turned out to be concerns about "compliance with policy" which after further questions turned out to be concerns about "external contractors and the way they invoiced us and the way we paid"

Now it turns out that there are probably false invoices about ghost payments to people who don't exist.   It also "seems like there were extraordinarily high invoice values".

AT 2.48PM MS MCNAUGHTON COMPLETED HER EXAMINATION

Mr Vieusseux is now being cross examined by Counsel for Mr McAllum, who starts with reference to Mr Moore's evidence that he Moore brief Vieusseux on the Mirvac contribution to the Hanna house.   Mr Vieusseus states that it never happened.   Moore's fall will be lonely.

Screen Shot 2015-10-30 at 10.51.31 am

Mr Vieusseux concedes that he had seen reference to CFMEU fight nights in Mirvac correspondence but he didn't know what it meant.

Vieusseux was shown internal Mirvac correspondence apparently including monthly reports from each of the states.

Screen Shot 2015-10-30 at 10.54.43 am

Screen Shot 2015-10-30 at 10.55.10 am


 The monthly reports refer extensively to the industrial relations environment including the conduct of the CFMEU and its attempts to get money.

Screen Shot 2015-10-30 at 10.55.21 am

Mr Vieusseux now describes the process of Mr Moore's departure - he sounds terrible in the way he talks about it, just awful.   "I had concerns about this matter back to June 2013, the concerns were sufficiently serious to warrant me speaking to the HR team about my concerns and I got the HR team to involve the IT team in looking at the external invoices."

That didn't stop him and Moore going together on a trip to China.

Counsel, "When he left you issued a statement about him stating that he was a strong leader in the industry didn't you?"

Vieusseux, "I penned an email that......"

Counsel, "Can I show you a document please"  turns out it was the last performance review that Mr Vieusseux (as boss) reviewed Mr Moore's performance for the past year.

Under the heading "Customer and Shareholder Satifaction" Mr Vieusseux gave Mr Moore a glowing report, referring particularly to his management of the relationship with unions.

Screen Shot 2015-10-30 at 11.02.01 am

Counsel put to Mr Vieusseux that in a phone call on 17 April 2013 Mr Moore informed Mr Vieusseux of the plan involving Mirvac's contribution to Hanna's house.  Counsel referred Mr Moore to the phone records exhibited by the Commission in previous hearings.   Vieusseux agrees that the phone records show two calls from Moore to Vieusseux on that morning. 

This is probably going to take a while as we move from Counsel to Counsel.

Screen Shot 2015-10-30 at 11.11.00 am

 

Seconds later it was over!

Mr Vieusseux has been excused and the Commission is now hearing its last words on the CFMEU.

Screen Shot 2015-10-30 at 11.13.14 am

The Commissioner directed that a timetable for submissions put together by Ms McNaughton be adhered to and that was that.

The Commission is adjourned until Wednesday next at 10AM.

Screen Shot 2015-10-30 at 11.14.41 am

Comments