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CFMEU Royal Commission: 31 Safety Claims in Week Before Stoppage

A John Holland manager told Victoria's Big Build royal commission that CFMEU organisers raised safety concerns 31 times in the week before a 2022 stoppage at a Melbourne rail site. He said the union later promised future work if the firm aligned with it.

By Alistair Sterling
November 10, 20262 min read
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CFMEU Royal Commission: 31 Safety Claims in Week Before Stoppage
CFMEU Royal Commission

A senior John Holland manager has told Victoria's Big Build royal commission that CFMEU organisers raised safety concerns dozens of times to enter a Melbourne rail site, including 31 times in the week before a June 6, 2022 stoppage.

The CFMEU is the Construction, Forestry, Mining and Energy Union. The hearing on its second day focused on the Gap Road level crossing removal project in Melbourne's north, which John Holland held the contract to build.

Work stopped on June 6 and resumed on June 7 after control of the site was transferred to the union. The commission heard project costs blew out by an estimated $6 million.

John Holland general superintendent Steve Testolin said he did not believe any safety issues on the site were valid. He suspected the union had another agenda.

"April, May, there were continual requests to enter sites … it was more of an intelligence-gathering mission," Testolin told the commission.

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He said Gap Road was the only level crossing removal project not aligned with the CFMEU.

Meeting at union headquarters

Testolin said he was summoned to the union's headquarters to receive its list of demands for resuming work. He said senior CFMEU official Joe Myles was among those present.

According to Testolin, the union wanted John Holland to employ a CFMEU-nominated health and safety representative. It also wanted the company to stop sourcing workers through Zoom Recruitment and use the union's preferred BK Labour Hire instead, and to swap to the CCL traffic management company.

He told the hearing the John Holland representatives were then told that if the company aligned with the union, there would be "positive outcomes" and it would be "looked at favourably for future projects".

Asked which projects the union meant, Testolin answered: "Airport rail. We'd be one of the preferred contractors."

Calls to WorkSafe and police

Testolin said John Holland called WorkSafe and police earlier that day, after negotiations over the stoppage could not be resolved. WorkSafe was not prepared to come out immediately, he said.

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By the afternoon the company asked for police intervention. Testolin said officers were reluctant to attend as well, believing it was an occupational health and safety matter.

He said John Holland also felt abandoned by government representatives involved in the project. "Our safety records were above board but I knew that eventually we would have to concede [to aligning with the CFMEU] because we weren't being supported by authorities," he said.

"We were pretty much being left standing alone."

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