John Heydon - Report of the Trade Union Royal Commission.

In further posts I'll point out Gillard's early dealings with Wilson and Ludwig, dating from 1989.  That will be a times, dates and places style report.

This article is much more expansive on the philosophy, culture, systems and norms that make the Labor Party tick.

Where John Heydon saw no motive to explain Gillard's improbable behaviour (other than a general Left Wing desire to avoid participation in fraud) I see plenty.

Julia Gillard was a politician long before she was a lawyer.  She gravitated towards players and people of influence.  Ludwig and Wilson were irresistible.

This extract from Triumph and Demise by The Australian’s Paul Kelly sets the scene for GILLARDS’s role in the AWU scandal almost perfectly:

Julia thrived in Melbourne working at the Australian Union of Students office on the corner of Grattan and Lygon streets, the social and intellectual heart of the inner city, a focus of progressive and left-wing politics. She absorbed its values and had a relationship with another AUS organiser, Michael O’Connor, later National Secretary of the Construction, Forestry, Mining and Energy Union (CFMEU), to whom she paid tribute in her maiden speech. Julia learnt the factional and networking skills for Labor politics in her early twenties. She was a radical activist, whereas Kevin was conventional and traditionalist, a natural right-winger.

From university their divergent paths were set—Julia was being socialised into Labor politics while Kevin headed towards a lofty career in public policy.

Julia chose law, kept her focus narrow and joined Slater & Gordon, a firm specialising in trade union briefs where, after only three years, she became a salaried partner at age twenty-nine.The firm was a Labor stronghold, wired into the party’s factional and union players and represented, among other unions, the powerful right-wing Australian Workers’ Union. Julia’s professional and social life became intertwined. Acting for an AWU Victorian official, Bruce Wilson, with whom she had a relationship, Gillard gave advice leading to the establishment of a legal entity on Wilson’s behalf that, unknown either to her or the AWU national leaders, was used by Wilson to defraud companies. The upshot was Gillard’s resignation; it would be the only shadow on her relentless path to the Lodge.

One of the key traits people mention about Gillard is loyalty.  The kind of loyalty that would lead to adopting a forged letter as genuine - so as to protect others.  Labor thrives on loyalty like that.  But it's a brand of loyalty that has more in common with Omertà and the Mafia than faithful Labradors.

StephenJ was somewhat riled by Commissioner Heydon's insufficient grasp of what went on in the AWU Scandal.  The following  article is Stephen's take on some of the potential drivers for Gillard's behaviour.

The Motives of J E Gillard

The Trade Union Royal Commission at various points examined the motives of J E Gillard (Gillard) in relation to various aspects of the course of conduct that could be described compendiously as the AWU Workplace Reform Association Fraud (the WRA fraud).

Its findings in relation to these aspects are dealt with under subsequent points, however generally, it accepted her evidence as to her perception of her duties and motivations and applied a relaxed standard when assessing the level of competence she exhibited. 

We believe that the approach of the Royal Commission was fundamentally flawed in looking at these events as separate matters rather than as steps within the context of the overall fraud.

When those steps are considered in this wider perspective we believe a consistent explanation emerges of the motives behind each one.

1.1 Character of Gillard

It is stating the obvious to assert that a person does not become Prime Minister without possessing a well developed political instinct and the inclination to use power with an appropriate ruthlessness when needed.

1.2 Observations

According to Kents biography when Gillard discovered that Wilson had been involved in fraudulent activities “ she cut it (the relationship) cold and never saw him again”.

She also refers to Gillards single minded ambition to advance in politics which supposedly caused her to give up a career in Law to pursue a political career which may never have eventuated.

Christine Wallace in her unpublished biography has some further observations.

When a timid Labor caucus finally moved to topple Kevin Rudd, Julia Gillard was ready. This was a politician at the top of her form: diligent, hardworking and talented. Here, too, was a woman who had a keenly developed understanding of power - what it is, how to acquire it and how to wield it. In this insightful, hard hitting and robust portrait of Australia's most powerful woman, Canberra insider Christine Wallace reveals the real Julia Gillard. She introduces a brilliant and ambitious operator with genuine personal warmth, charm and charisma. And just as convincingly, she uncovers the contradictions, tensions and frailties of Gillard's personality. It may not have always been pretty. Sometimes it hasn't looked principled. Occasionally the company she has kept has been questionable, but there is no denying Julia Gillard's achievements. Yet the question remains, as tough and effective as she seems, is Julia Gillard really a politician for the times?

Steve Bracks recounts the observations of his wife.

Gillards focus has been commented on by her long term friend Julie Ligeti.

When she was elected education vice-president of the Australian Union of Students (AUS) in 1982 she deferred her studies and moved to Melbourne, into a share house in Brunswick. Old friend Julie Ligeti was struck even then by how serious Gillard was about politics. "We were all trying to work out how we were going to buy our first car or which share house we were going to live in. Julia had this other level happening.

She was beginning her career in politics." Personal ambition and agitation for change appeared to dovetail. "She had a clear view at a very young age that she wanted to make a mark in Labor politics. But it wasn't just about identifying her own opportunities, she was also trying to push society along," says Ligeti

The Age May 18 2007.

It is important to recognise that Gillard was a politician long before she was a solicitor.

Normal experience would indicate that people in a long term relationship would discuss the major events occurring in their working lives.

Nothing in what has been set out above would indicate that Gillard was a person who would decline to enquire or be fobbed off with fatuous explanations and there can be no doubt that the Dawesville project and the supposed funding it was to provide for Wilsons NCB concept was something of fundamental importance to him.

As acknowledged in 2006 in her appearance on the ABC's Australian Story and described in this article :

'If there is one constant in Gillard's career, it is an understanding of power and how it works. As she says, she didn't get to where she is by being a Doris Day - a reference to the 1960s actress with the girl-next-door screen image. As she said in 2006: "I had to fight hard to get preselected, I had to play a factional game to do that, I had to count numbers, I had to make deals and I'd do all of that again tomorrow if I needed to." '

http://www.theaustralian.com.au/archive/politics/our-sudden-prime-minister/story-e6frgczf-1225884202210

This position has been reinforced by Blewitt in a response on Michael Smith News

GOM said in reply to Kathryn.E... 

During this whole period 1991 until 1995 I was Bruce Wilson's closest friend and associate and directly involved in almost everything that when on and I can say without a shadow of doubt that Bruce and Julia discussed everything about not only the AWU WPRA, but general AWU business and ALP business as well it was what they had in common outside of the bedroom gymnastics.
Whilst Bruce was in WA he was in constant communication with her about all manner of things related to union business.
Wilson was an expert in the rules of the AWU he used his knowledge to advantage when issues where raised at either WA State branch Executive meetings and at Federal Executive meetings, and I know he when in doubt he would contact Gillard or Murphy for an opinion on interpretation of a rule and I would go so far as to say Ludwig knew this as well and used Wilson at Federal Executive meeting to push points when rules where challenged.
They (Wilson/ Gillard) where ideally suited to one another he was ambitious up and coming leader in the union possibly within the ALP as well and she as we now know had political ambitions and used Wilson for his powerful connections within the AWU and as in it turns out it was the AWU that put Gillard into the lodge.
Yes they talked and apart from when they where under the sheets,I was very much aware of there daily communications. 

Reply Thursday, 25 September 2014 at 09:22 AM 

1.3 Conclusions

The picture that emerges is of a focussed and driven individual who has an eye for detail and the ability to make the political deals necessary from time to time in order to advance her interests.

It is not the picture of someone who would undertake the incorporation of an Association in a “casual or haphazard” way or who would accept instructions on the reasons for that incorporation which at a relatively cursory level make no sense.

It is not a description of someone who would persist in attempts to have a body with a problematic name and objects obtain incorporation when the benefits in no way matched the effort that had to be expended.

The notion that she never asked Wilson about his plans for Dawesville or that he never mentioned it must be in the category of a remote or fanciful possibility. 

Of course it is possible that Wilson told her nothing and she never asked; but it is not in the least probable.

2. Operations of the Labor Party/ Unions

It is axiomatic that the Labor party is effectively controlled by the Unions.

The Unions play the game of internal politics on a take no prisoners basis.

If any evidence is needed of this the proceedings of the TURC are replete with examples. 

A brief survey would show the treatment of  K Jackson adverted to in her statement of June 16, 2014 (see paras 193, 224, 271,351, 481) and include the influence peddling and numbers stacking disclosed in the TWU and ETU sessions.

The statement of K Jackson contains some interesting observations on the operations of the Party.

How then does it work in practice.

This then was the context in which the political ambitions of Gillard needed to operate to advance her interests.

She and her associates Wilson, Ludwig et al needed Union support and for that they needed money.

What happens when someone no longer plays the game.

There is ample evidence in the proceedings of the RC in support of the points made by Jackson.

In view of this it can be seen that for a politically ambitious person such as Gillard it would have been invaluable to have the support of Wilson and through him Ludwig. 

It would also have been invaluable to have access to a slush fund that promised to deliver a steady stream of money into the foreseeable future.

It must be remembered that the WRA was used not only in relation to the Dawesville channel project but also with Melbourne Water.

It was only the movement to a central funding system by the AWU that put a brake on it. Certainly the proclivity of Theiss to offer funds to Unions did not wane over the ensuing years as evidenced by Eastlink and the Lane Cove payments to the CFMEU.

It is our belief that an obvious motive existed for the involvement by Gillard as a principle in the WRA fraud.

When each transaction is looked at in isolation it may be possible to construct half plausible explanations for her actions.

It is our contention that even these half plausible explanations can be dissolved on close examination.

However when the motive we have identified  in combination with the proposition that she acted as a principle are combined a consistent explanation for  each action individually and in totality is obtained.

ENDS

The bi-lateral loyalty between Gillard and Ludwig persists to this day and operates to conceal the truth in the AWU Scandal.

Police are preparing to bring offenders in for interview.  It's very important the police understand the context of the frauds so we are not again sold a pup - as we were by the TURC.

John Heydon and Jeremy Stoljar share a background in the rarified air of Equity barristers.    Each bore their lack of detailed knowledge about how construction sites work like a badge of honour.  And yet each could see on the papers that the AWU WRA Inc did no training, employed no one, did no safety work and existed only to channel money from Thiess to Wilson et al.

Perhaps they think themselves possessed of superhuman powers - because before them they had two Thiess executives, Joe Trio and Nick Jukes, hardnosed construction veterans responsible for checking and double checking everything so their bridges don't fall down.  Not to mention managing taxpayers money in the Dawesville construction project.

And yet Heydon and Stoljar just accepted and waved through the preposterous notion that neither Trio nor Jukes twigged to the fact the AWU WRA Inc did nothing.  Even though they're the experts and were on the ground with a solemn responsibility for quality, delivery and financial performance.

The truth is Albrecht, Trio, Jukes, Ludwig, Wilson, Gillard and Blewitt conspired in the solicitation, offering, giving and receipt of secret commission payments from Thiess into the AWU WRA Inc.  Ludwig, Wilson and Gillard copped a cut of the money for their part in the giggle.

Each had their motives.  Some were smarter than others.  And some have almost gotten away with it.

It's an unconscionable miscarriage of justice to load Ralph Blewitt up just to get a messy case off the books.

And I will fight to the end to see that the perversions of the course of justice are undone - and justice replaces them.