CFMEU probe head flags interim report as union grills former watchdog

Lawyers for the CFMEU administration have questioned the credibility of a former national building industry watchdog in an hours-long Queensland inquiry hearing into the union and sector.

Commissioner Stuart Wood KC also flagged an interim report or recommendations “sooner rather than later” around a new state building code and enforcement, after an 18-month inquiry extension.

Former Australian Building and Construction Commission boss Nigel Hadgkiss, who gave evidence about the need for the updated state building code in April, returned to the stand on Thursday.

While counsel assisting the inquiry had sought to have questioning of Hadgkiss’ 2017 resignation from the role barred from cross-examination, inquiry commissioner Stuart Wood ultimately agreed.

Hadgkiss quit a day after admitting in the Federal Court to recklessly misrepresenting union right-of-entry rules to employers for two years, breaching the Fair Work Act. He was ordered to pay $8500.

He was one of two former QBCC figures recalled for cross-examination by counsel for the CFMEU administration, Chris O’Grady KC, on Thursday, as the inquiry considers recommending a new code.

Counsel assisting the inquiry Jame McLean pushed back on one of the proposed lines of questioning by O’Grady, saying a well-designed code and regulator could improve construction productivity.

“An exploration of the circumstances of a particular individual’s resignation from a regulatory body cannot rationally bear upon the thesis that is being developed [by the inquiry],” McLean said.

O’Grady argued Hadgkiss was being put forward as an expert and the circumstances around his resignation represented a lack of judgment and inappropriate conduct.

“We’re entitled to explore that issue, so that you in due course can form a view as to the weight you give to Mr Hadgkiss’ evidence,” O’Grady said.

While Wood said he thought this struck him as an “opportunistic” effort which could descend into an “ad hominem attack”, he would allow O’Grady full range of questioning.

For hours on Thursday afternoon, Hadgkiss was pressed by O’Grady on the work of the twice-abolished former ABCC he led between December 2016 and September 2017.

O’Grady also questioned Hadgkiss about his analysis of construction sector productivity rates, with Hadgkiss agreeing national construction codes placed rules on industry beyond the Fair Work Act.

Taken through parts of his lengthy written witness statement laying out suggestions for a new Queensland code, Hadgkiss conceded many elements also already exist in federal law.

But he said these were no