Legislative Council: Tuesday, April 01, 2025

Contents

CFMEU

The Hon. F. PANGALLO (14:42): I do, thank you. I seek leave to make a brief explanation before asking the Attorney-General and also the Premier a question about corruption in the CFMEU South Australia branch.

Leave granted.

The Hon. F. PANGALLO: In July last year, after Channel 9 aired explosive allegations of criminal conduct at the CFMEU that ultimately led to the union being put into administration, the Premier publicly asked SA Police to investigate any union criminal behaviour in South Australia. In September, the Premier announced the findings of the review, saying that, and I quote:

Their advice…is—

and that I assume is the police—

that there has been no evidence of criminal behaviour undertaken by South Australian elements of the CFMEU.

You can imagine my disbelief a month ago when the CFMEU administrator Mark Irving KC released a damning report on Marcus Pare, John Setka's handpicked man to lead the South Australian CFMEU. It is shocking reading and makes a mockery of the Premier and the police commissioner's public statements. The report identified that Mr Pare was connected with outlaw motorcycle gangs and organised crime figures including the New Boys, the Finks and the Mongols. Mr Pare was located at a Klemzig address where police seized over 1,600 methamphetamine tablets and 56 ecstasy tablets, cash and lists of names and money.

A search of Mr Pare's phone revealed infamous bikie figures, including Phillip Main from the Mongols, Joel Leavitt from the Rebels, Santo 'Toni Two Guns' Celona and Dylan Jessen, a notorious former member of the Finks. Text messages showed that Mr Pare approached Mr Jessen about a delegate role at the CFMEU. The Victorian CFMEU is notorious for using underworld figures to stand over workers and business owners on construction sites. According to the administrator, and again I quote:

These contacts, and (Mr Pare's) advocacy for Jessen, shows that throughout his time in paid roles in the Union, Pare is willing to maintain contact with known current or former members of [outlaw motorcycle gangs], and in the case of Jessen, attempt to bring him into the Union, or use his Union influence to benefit Jessen and his family.

So last month, the administrator officially referred a number of matters to the Fair Work Commission for further investigation and prosecution, including that Mr Pare illegally obtained a salary increase, a $78,000 Ford Ranger and used union funds for overseas holidays and a range of other personal benefits.

SAPOL didn't have to look very far. The rot at the South Australian CFMEU was at the very top and, according to Mr Irving, South Australia Police knew this in giving him sworn evidence. My questions:

1. So how is it that the government and SAPOL's review failed to identify criminal behaviour and bikie links at the CFMEU in South Australia?

2. Will the Premier now ask for an explanation from the commissioner about the extent of their inquiries and also seek another inquiry?

3. Will he acknowledge that both he and the commissioner got it wrong and gave misleading advice, which is clearly in conflict with the findings of the CFMEU administrator, and retract his statements that there was no evidence of criminal behaviour within the South Australian CFMEU?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:46): I won't speak on behalf of the police commissioner or the police in terms of their processes and what they have looked at in terms of coming to views or making statements.

What I can say is, from this government's point of view, we do not tolerate in any way, shape or form any inappropriate behaviour within the union movement or indeed within employers or organisations. We have been very, very firm that we are in full support of the federal Labor government's appointing of an administrator to oversee certain branches of the CFMEU.

As the honourable member pointed out, earlier this year, I think it was on 10 February of this year, the CFMEU administrator, Mark Irving KC, released an investigation report prepared by a barrister into former SA branch assistant secretary, Mr Marcus Pare. Certainly, that report concluded a number of things that are appropriate for further investigation and referral to investigatory or possible prosecution agencies. That is the appropriate thing to do, and I would encourage anyone who has any other concerns to refer them either to the appropriate authorities or to the administrator.