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The Canberra Times
The Canberra Times
Sarah Lansdown

Union beef, political pressures to be explored in history-making hearings

ACT Integrity Commission hearings day 1

Two dozen suited lawyers and officials filed through security at the ACT Integrity Commission's examination room on Thursday morning.

The buzz and nervous energy was akin to the first day of the school year as everyone took their seats in three rows of desks.

At the front of the room, ACT Integrity Commissioner Michael Adams KC sat before a dark teal logo.

At the back of the room, two teal banners bear the words: investigate, explore, prevent, educate. Perhaps it was fitting that the Education Directorate was making history by facing the commission's first-ever public examinations.

The matter relating to the procurement process for the Campbell Primary School Modernisation Project was the subject of a scathing report from the ACT Auditor-General in late 2021.

The procurement process for Campbell Primary School's modernisation project will be explored during the ACT Integrity Commission public examinations. Picture by Keegan Carroll

The commission has been investigating whether directorate officials acted honestly and impartially when it comes to the decision to award the tender to multinational Lendlease over the Fyshwick-based construction firm Manteena Commercial.

This was despite two separate tender evaluation teams coming to the conclusion that Manteena's bid was cheaper and scored more highly on the evaluation criteria.

Council assisting the Commissioner, Callan O'Neill, outlined two critical moments which led to the flawed decision: a decision to proceed to a best and final offer round where both contractors had to resubmit their bids and the decision by director-general Katy Haire to proceed with the Lendlease bid.

"These matters are serious," Mr O'Neill said, as he reminded witnesses of their duty to tell the truth.

The first witness took a breath from an inhaler before beginning his testimony. He's been given the pseudonym John Green to protect his identity, but those in the room can see his face.

The public hearings will explore whether officials from the CFMEU had a negative view of Manteena and expressed the view that they should not be given the government tender.

The union did not like that Manteena had negotiated an enterprise agreement directly with workers without union involvement.

"This was a beef that the CFMEU had," as the commissioner put it.

Mr Green said he had been the subject of personal attacks from CFMEU officials when he was the Secure Local Jobs Registrar.

"My four-year-old daughter could do a better job than you," were the word allegedly uttered by a union representative.

Later in a new role at the Education Directorate, Mr Green had a meeting with then CFMEU ACT secretary Jason O'Mara where it was made clear that the union didn't want Manteena on the Campbell Primary School job. Mr Green also spoke of political pressure to award the tender to Lendlease coming from staff in Education Minister Yvette Berry's office.

The fact that the commission has decided to proceed with public hearings suggests there could be some serious and systemic issues at play.

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