....what should be the best trade union trademark in the country is looking very tarnished (over) The "WA Inc" accounts affair 

........indeed, says Thiess, the Government paid it money for an employee training program at a $58 million Thiess construction project and it then paid the AWU. But once in union hands, it seems, the funds went walkabout when the AWU branch in WA was crying poor and running up a debt with head office approaching $1 million.

30 July, 1996 - "Ruptured Union Seeks Enemy Within" Sydney Morning Herald 

The initial claim by Thiess that the AWU WRA money came from the WA Government invites analysis of the circumstances surrounding the AWU WRA incorporation.

Two letters purported to have been authored by Jukes yield important evidence.

Nick Jukes's first statement to the TURC gives background.

 

Jukes says he is the author.

He also claims he is the author of this.

Certain forensic linguistic indicators suggest that Exhibit One (to Crake) and Exhibit Two (to Blewitt) were not authored by the same person.

Authorship of Exhibit Two, the AWUWRA engagement letter is an important point of proof in establishing who may have been involved in the conspiracy to cheat and defraud.

 

ANALYSIS - EXHIBIT ONE

27 March, 1992, signed personally by Jukes over title

N JUKES

GENERAL MANAGER  

WESTERN AUSTRALIA/NORTHERN TERRITORY 

Exhibit one appears to match the construction, syntax and grammatical distributions in other samples of Juke's authorship.

Jukes uses the phrase "model site" to describe the central subject  - training at the Dawesville project.  He speaks the same way.  Examples from TURC transcripts:

Similar schemes had started in the east......on workplace reform and workplace models

 we saw the benefit in having a more integrated model nationally rather than a series of federated models.

Stoljar to Jukes  "When there was some discussion about establishing a national model, to use your phrase.....

we were encouraging the workplace reform model across the AWU sites.

....any significance about what it was other than an AWU training business model

     

For a bloke who's penning a perfunctory note to get some forms......

Nick Jukes writes with exquisite precision and specificity including esoteric but important industry minutiae.  

The writing flows in a natural manner that's consistent with other known examples of his communications.  It's also what a reasonable person might expect to see in a letter from an industry professional with Jukes's position, experience, and knowledge.

 

EXHIBIT TWO

16 March 1992 not signed by Jukes

signed p.p. by Joe Trio over signature block

N N JUKES

General Manager

Western Australia/Northern Territory

 

This letter is important because it engages the AWU WRA at a time when it did not exist - the details in it relating to the AWU WRA are precise and the letter contains protections for the AWU WRA.  It also presents a record of Thiess dealing only with Blewitt in his sham role as Secretary of the AWU WRA, distancing Wilson or others from involvement.  It does nothing of value for Thiess and is not likely to be something Jukes could be proud of.

Jukes conceded under cross examination that it's possible someone else wrote it, 

  Mr Trio might have drafted this letter?

   A.   It's possible.

This letter records a $300,000 contract ($36 hour x 54 hours/week x 52 weeks/year x 3 years) between the large public company (Leightons, Thiess was a wholly owned subsidiary) and a controversial entity the Australian Workers' Union Workplace Reform Association.

In exchange for $300K, "Ralph"  and "Ralph's Association" are contracted to "provide a service to Thiess on the Dawesville Channel Project in matters relating to workplace reform, site safety and operator training.   It affords little comfort to Thiess in holding the contractor to delivering anything beyond "a service".

 

The language is vague, non specific and does not reflect the industry knowledge Jukes expressed in his request for application forms from BCITF.

I've not seen Jukes use the phrase "pilot project" elsewhere.  

The author is certain the Association will  (l)earn a great deal.

And to the author it's a  pilot project.

For Jukes and Thiess this was just another site with arrangements already operating at other model sites elsewhere.

No one with knowledge of the Dawesville Channel Project could logically have written the second paragraph.

The Australian Mines and Metals Association (AMMA) is a resource industry employer group.  It was not a party to the agreement.  It had no interest in bridge and channel construction.  Ralph's Association had no interest in programs on mine sites.  Thiess's agreement with Ralph's Association was specific to the Dawesville project. 

The AMMA reference appears to have been included in a cut and paste exercise by an outsider drawing on other correspondence.

Jukes claims in his witness statement that he wrote the letter in Queensland after leaving the WA GM job and taking on a national role in the Brisbane head office.  Jukes ties his memory of the reason for the letter to the BCITF funds.

 

On 9 September 2014 at the TURC, Christine Hanscombe QC has Jukes concede that it's possible he's not the author.

Hanscombe starts to zero in on details like the AMMA inclusion only to be stopped from pursuing the line by a vigorous objection from STOLJAR and a direction from the Commissioner.

Download Jukes cross transcript

On 10 June 2014 Jukes appeared at the TURC for just 15 minutes.  That included introductory formalities, adoption of his statements, tendering of his exhibits, examination by Mr Stoljar (20 questions) cross examination by Wilson's QC, invitations to other legal representatives from the bench to cross examine him and the change over to Olivia Palmer.

He was not pressed on any inconsistencies and contradictions by Stoljar.

He stated that in December 1991 he left the GM role in WA , moved to Brisbane and Trio took his WA GM job. 

For continuity (given he made the agreement)  it's arguable that the 16 March letter (our EXHIBIT TWO Jukes to Blewitt) might reasonably bear the Jukes WA GM signature block pp signed by Trio.

But it's harder to explain events of 27 May 1992.   Jukes was apparently in Perth again with access to WA Thiess letterhead. He personally signed the BCTIF letter as GM WA.

Here's a timeline

20 February 1990 - Julia Gillard's Socialist Forum colleague Max Ogden of the AMWU applies for incorporation of "Workplace Reform Association Inc", formed for the purpose of promoting workplace reform, democracy and equity in workplaces, award restructuring and harmonious industrial relations

February 1991 - Max Ogden's "Workplace Reform Association Inc" vehicle for major conference in Melbourne run by Socialist Forum members Katie Nash, Neal Watson and Max Ogden amongst other.

April 1991 - date Gillard claims she first met Wilson in Perth to help in Wilson's campaign to unseat the incumbent AWU leadership in WA - other evidence suggests the relationship started much earlier

2 May 1991 - "previous decision" to appoint Wilson WA Branch Secretary affirmed, Wilson team election fund set up, industrial peace broken and militant industrial action follows including a threat to unseat Premier Carmen Lawrence from Wilson

25 November, 1991 - After lobbying and threats from Wilson, Carmen Lawrence's Labor Cabinet decides to directly award Thiess the Dawesville Channel contract overturning tender process.

December 1991 - Jukes moves to Brisbane in national Thiess GM role.

1 January 1992 - nominal start date for Thiess contract with WA Government to build the Channel - no activity on the site for several months

January 20-24 1992 - AWU 106th Annual Conference in Sydney - Bruce Wilson & Bill Ludwig present.    Nick Jukes & Thiess CEO Martin Albrecht attended - discussion about Dawesville contract and Wilson says approval for separate legal entity to receive funds

6 March, 1992 - West Australian newspaper advertisement announcing the AWU WRA formed for the purpose of

• promoting and encouraging workplace reform for workers performing construction and maintenance work

16 March, 1992 - EXHIBIT TWO -  Thiess letter to AWU WRA from Thiess engaging AWU WRA for

• workplace reform, site safety and operator training

16 March, 1992 - information leaked to Kalgoorlie Miner alleging Joe Keenan the former AWU secretary Gillard and Wilson worked together to unseat had misused members accident and death fund monies - probable that Gillard was in Perth

17 March 1992 - front page story Kalgoorlie Miner based on leak from Wilson - local member and mining minister Ian Taylor quoted "I am quite certain the current officials of the AWU..run the trust properly...they've ensured it has a proper trust deed ...etc"  Wilson quoted "members will be able to endorse changes to the fund at a meeting on 18 April.

18 March 1992 - retaliatory article attacking Wilson in Kalgoorlie Miner - reveals he cancelled certain payments to the Fund in August 91 - Wilson said backpayments would be made 'once our solicitor gives the go ahead'.  Various reports from the time are here, including Gillard's involvement and attendance at Boulder with an eye witness account recorded here.

22 April 1992 - date Ralph Blewitt of Blewitt's Application to incorporate AWU WRA - purpose changed to

• development of changes to work to achieve safe workplaces

22 April 1992 - Thiess records receipt of first invoice from AWU WRA Inc - $25,272.00

23 April 1992 - Application to incorporate stamped by Corporate Affairs Commission - fee of $75 payable on lodgement.

23 April 1992 - GILLARD chairs Socialist Forum AGM in Melbourne with Max Ogden

27 April 1992 - Thiess draws cheque to AWU WRA $25,272

4 May 1992 - Commonwealth Bank paperwork to set up accounts for an unincorporated association submitted to the bank, Blewitt handwriting on form for name of account holder including "Inc"

5 May 1992 - $25,272 cheque from Thiess deposited into cash management account

date unknown - WA Commissioner for Corporate Affairs or nominee writes to Blewitt to advise his application to incorporate has been rejected on the grounds the association is ineligible for incorporation under the Associations Incorporation Act and would be more appropriately incorporated under the States Trade Union Act.

13 May 1992  - purported date of purported letter from Julia Gillard to Corporate Affairs Commissioner's office after notice the association was ineglible for incorporation.  

15 May 1992 - date of a forged letter purporting to have been written by Ray Neal of the WA Office of State Corporate Affairs to Gillard in response to her 13 May claimed letter  - the "Commission" (no such office) is prepared to incorporate the Association with undertaking to include a new rule within 30 days of incorporation 

15 May 1992 - Gillard in Perth for travel to Kalgoorlie for meeting at Boulder of retrenched miners regarding the Death Fund they'd been contributing to

21 May 1992 - date on a false instrument purporting to be a good and valid Memo from Gillard to Blewitt instructing him to write to the Commission promising a rule change.

26 May 1992 - Date of $22 cheque from AWU WRA Inc to WA  Corporate Affairs Office

27 May 1992 - EXHIBIT ONE - Jukes letter to BCITF - timing is possibly significant

27 May 1992 - Blewitt cheque presented

29 May 1992 - Corporate affairs cheque presented

Minister Yvonne Henderson went on leave a few days after the cheque was presented.   She returned from leave on Monday 22 June 1992.  She met with Bruce Wilson and Hammersley Iron on Tuesday 23 June 1992.   On Wednesday 24 June 1992 the AWU WRA inc was incorporated.  

The certificate bears the number 1002262.

That's the last of up to 3 reference numbers on the application paper work and it's the only one not scratched out.

 

 

 

 

On 29 June 1992, Bruce Wilson was appointed Secretary of the AWU Victorian Branch.  

http://www.michaelsmithnews.com/2014/01/bruce-wilsons-jobs-and-protected-positions.html

Which means the leadership team he had in the West would have fractured and there would have been no need of the AWU WRA Inc after all.  If it was really an election fund that is, and not an incorporated body under Wilson's control set up the receive money from Thiess on the Dawesville Channel project.   And given that Wilson and Gillard were an item and she says the only reason the AWU WRA inc was set up was the WA election fund, you'd have thought she would have asked if he needed help unwinding it!

REQUEST FOR ASSISTANCE

I believe that EXHIBIT TWO was not authored by Jukes.  My reasoning includes:

• The attention to details that only a person/persons with intimate knowledge of the styled name of the Association could have displayed "Australian Workers' Union Workplace Reform Association" and Secretary Blewitt.
• A very small pool of people were aware of those details given the application for incorporation was yet to be submitted - Australian Workers' Union Workplace Reform Association
• It provides no safeguard for Thiess in describing the services to be provided - it does very little to advance Thiess's interests at all beyond being the basis for approving invoices
• It provides the basis for enforcing payment to Wilson and describes with some precision on the amount - $36 per hour x 54 hours per week x 3 years = ~$300K.  It is a useful document as proof of expected income from the fraud for anyone contemplating illicit borrowings (ie money laundering) "secured" using that cash flow.
• it isolates and points the finger at Ralph Blewitt as being the purported architect of the scheme.
• it includes the AMMA and refers to training on mine sites, suggesting the author had limited specific knowledge of the subject project and had cut and pasted content from a similar document in drafting the letter.

The AWU WRA had no involvement with training on mine sites but Max Ogden's AMWU Workplace Reform Association Inc apparently did.

While the internet was around the www and netscape browsers barely existed in 1992.  There are however traces of AMWU involvement in workplace reform at two Comalco Aluminium sites along with the AMMA in 1991.

I would appreciate any help in researching the AMMA, AMWU, workplace reform and mine sites as the basis for further investigation that may well lead to the conviction of a further offender in The AWU Scandal.

Every touch leaves its trace.