The ACT Education Minister's former chief of staff sent disparaging text messages about the official in charge of the procurement process for a school building project, the ACT Integrity Commission has heard.
Joshua Ceramidas was the chief of staff when the Education Directorate was conducting the tender process for the Campbell Primary School modernisation project in 2019 and 2020.
Education Minister Yvette Berry was shown a series of text messages Mr Ceramidas sent to his friend, David Ferguson, who was then working for Industrial Relations Minister Suzanne Orr, in February 2020.
In the text messages, Mr Ceramidas called the delegate in charge of the Campbell Primary School procurement, given the pseudonym John Green, "a dick" and a "c---".
"If he f---s up again he's gonna be good mates with ... Mr Squiggle," Mr Ceramidas said of Mr Green in text messages on February 24.
Ms Berry said the text messages probably related to "general frustrations" with Mr Green, who had been unable to procure soap in bulk for schools during the early months of the COVID-19 pandemic.
Text messages from Mr Ceramidas showed he intended to meet with then Construction, Forestry, Maritime, Mining and Energy Union ACT branch assistant secretary Zach Smith in late February 2020 because contracts were being negotiated in the Education Directorate.
In another message to Mr Ferguson, Mr Ceramidas asked whether there were "any legs to an idea that Mr Green should be conflicted out" of the Campbell Primary procurement process because he had issued a Secure Local Jobs Code certificate to Manteena in his former role as registrar of the code.
Mr Green also issued a Secure Local Jobs certificate to Lendlease.
Ms Berry said it was appropriate for her chief of staff to seek advice on any conflicts of interest that could arise in a procurement process.
"Do I think that my chief of staff should be across this kind of detail? It's helpful, if they are aware that there could be a conflict and to raise that," Ms Berry said.
"That happens in Canberra. It's a regular thing."
Mr Green made a recommendation to director-general Katy Haire that the contract should go to Lendlease over Manteena, going against the advice of the tender evaluation team.
Ms Berry said she was aware a delegate could make a decision that went against the tender evaluation team's recommendation.
"I was not told, or briefed or advised that there was anything wrong with that," Ms Berry said.
Union 'unhappy' with Manteena
Ms Berry knew the construction union was "unhappy" with a building company that missed out on a school building contract, the Integrity Commission has heard.
Ms Berry said she knew towards end of 2019 as the procurement process for the Campbell Primary School modernisation project was underway that the CFMEU was "unhappy" with Canberra construction firm Manteena.
She told the commission she did not know how that information came to her.
"I do not recall," she said.
"I just knew there was unhappiness."
Ms Berry denied issuing a direction that Manteena was not to get the Campbell Primary School Project.
She said she could not recall a meeting she had with Mr Ceramidas and the acting Education Directorate director-general Rebecca Cross where the procurement was discussed.
"I doubt that I would have said specifically those words, that Manteena should not get the contract," she said.
Under a memorandum of understanding, Unions ACT was notified of the contractors who had put in bids for government contracts.
"It was supposed to be so unions could advise the government about any issues with regards to any of those procurements, construction and any other procurement the government might have been doing," Ms Berry said.
Ms Berry said she knew the unions had pushed for the memorandum of understanding to be legislated through the Secure Local Jobs Code.
"They advocated quite strongly for the government to change the process," Ms Berry said.
"I think they wanted their roles legitimised more than anything."
Prior to entering the ACT Legislative Assembly, Ms Berry worked for the United Workers Union and she remains a member of this union, as well as the Community and Public Sector Union.
Mr Ceramidas ran as a Labor candidate in the 2016 ACT election.
Secure Local Jobs a government 'priority'
Current Health Directorate director-general Rebecca Cross gave evidence about the three weeks she was acting Education Directorate director-general in February and March 2020.
Ms Cross said she had a meeting with Ms Berry and Mr Ceramidas where they discussed the Secure Local Jobs Code.
"They wanted to make sure I was aware of the code, that I knew it was a priority for the government and that I ensured that the directorate was aware that it was a priority and was making sure that code was followed," Ms Cross said.
Ms Cross said the minister and her chief of staff mentioned three or four companies who the unions felt were not meeting the code and showed her a newspaper article where a company or companies had not been compliant.
Ms Cross then had a conversation with Mr Green where she asked him to explain the Secure Local Jobs Code to her.
She asked to see documentation to do with the ongoing procurement processes in the directorate to ensure the code was being applied properly.
She said she did not recall telling Mr Green that Mr Ceramidas said Manteena was not to get the Campbell Primary School contract.
"I don't recall it. And I think if that had come up in a conversation, I would recall it," Ms Cross said.
Ms Cross went on to be appointed the coordinator-general for the COVID-19 non-health response.
The ACT Integrity Commission is investigating whether Education Directorate officials failed to act honestly and/or impartially when making recommendations and decisions regarding the Campbell Primary School modernisation project between 2019 and 2020.
The project was awarded to Lendlease over Manteena despite two separate tender evaluation teams finding that Manteena had a superior design and cheaper bid.
The probe is looking at whether union or political interference played a role in the decision-making of directorate officials.
Former Major Projects Canberra head Duncan Edghill and current Education Directorate director-general Katy Haire are expected to be called to give evidence. The public examinations will continue on September 27.
