High Court appeal ‘stymying’ push to weed out CFMEU corruption

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“From my investigation, it appeared to me that, in this cycle of intimidation and violence, the CFMEU had lost control.”

Watson added that Gatto was a regular visitor of worksites.

“Many of the officials I interviewed said that they had seen or met with Faruk Orman and Mick Gatto at the CFMEU offices on Elizabeth Street. I was told that there were occasions where EBA paperwork was brought to Mick Gatto while he met with senior officials,” Watson wrote.

Further, Watson’s report concluded former NSW secretary of the CFMEU Darren Greenfield should be investigated for criminal charges after more than $3 million of union members’ money was transferred to pay legal fees for him and his son.

The NSW branch of the union transferred $3.15 million to law firm McGirr and Associates in July 2024, two days after the Albanese government forced the CFMEU into administration.

“It is common ground that the $3,150,969.50 was intended to cover the further legal expenses
being incurred by the Secretary of the CFMEU Construction and General Division NSW Divisional
Branch, Darren Greenfield, and his son the Assistant Secretary, Michael Greenfield,” Watson wrote.

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A second sum of $500,000 was put aside to defend any proceedings against the Fair Work Commission.

“It is remarkable that, at this time of apparent crisis, the Greenfields were receiving this kind of specifically preferential treatment,” Watson wrote.

“Darren Greenfield knew that important funds were being paid for his benefit, when they could have been used elsewhere for the benefit of the members.”

Further, Watson’s report claimed McGirr provided an estimate for legal costs that was “grossly excessive”, “obviously hopeless” and “grossly exaggerated” to his own benefit and that of the Greenfields.

In response, McGirr defended his reputation and dismissed Watson’s findings.

“Suggestions that I hindered any investigation is abhorrent and I stand by my reputation within the legal fraternity and the report was like a creative writing piece,” he told this masthead.

“None of the rates that we were charging were excessive and the particular document that Watson did not release evidences all of that in writing including in bold that the money was an estimate only, and any money not spent would be returned to their lawful owner.”

In a submission from McGirr seen by this masthead, he outlines rates for senior counsel, two junior counsels and solicitors, which amount to $3 million in fees.

The Greenfields and former NSW branch director Rita Mallia also face fines of nearly $200,000 for failing to cooperate with the investigation.

The CFMEU administration declined to comment. Workplace Relations Minister Murray Watt was contacted for comment.

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