NSW union boss Brian Parker was guilty of "gross misconduct" and was not a fit and proper person to hold office, in relation to his dealings with a Sydney crime figure, according to a scathing submission by counsel assisting the Royal Commission into union corruption.
The state secretary of the Construction, Forestry, Mining and Energy Union also deliberately lied in sworn evidence to the commission when he denied threatening to "f***ing bash" a long-serving union delegate, the submission says.
Counsel assisting the commission, Jeremy Stoljar, SC, said Mr Parker breached the CFMEU code of conduct in villifying union delegate Jose Mario Barrios to others as "a f***ing dog", "imbecile" and "f***wit", after he complained of union links with underworld identity George Alex.
Mr Parker, who is nicknamed "Sparkles" for his reputation for mixing with the rich and famous, separately told another union official he wanted to bash Mr Barrios, saying "he'll end up f***ing doing a stint in hospital...because I won't stop".
Mr Stoljar said Mr Parker's conduct "was so offensive that it is properly characterised as 'gross misconduct'". "He is not a fit and proper person to hold office as the secretary of the NSW branch," he said.
Mr Parker declined to comment on the submission on Saturday, saying: "You will have to speak to [CFMEU national secretary] Dave Noonan about that." Mr Noonan did not return calls.
Mr Stoljar said it "may be possible to infer" Mr Parker and CFMEU organiser Darren Greenfield "have received rewards or inducements from Mr Alex" in return for favourable treatment for companies associated with the underworld figure. But there was insufficient evidence at present to prove Mr Parker or Mr Greenfield had received those rewards and had committed criminal offences, the submission says. Investigations were continuing, Mr Stoljar said.
Mr Parker and Mr Greenfield have denied receiving cash bribes or benefits from Mr Alex or his associated entities.
The written submission states Mr Parker's "tirade of abuse" against Mr Barrios came after a CFMEU management committee withdrew three enterprise bargaining agreements Mr Parker had signed in August with a labour-hire company associated with Mr Alex.
Mr Barrios had earlier complained to Mr Parker that the agreements threatened workers' entitlements, given the collapse of two related companies with hundreds of thousands of dollars in arrears. Mr Barrios also complained to police after he was called by Mr Alex, who allegedly told him: "I'm running out of patience with you. Where do you work? I will see you tomorrow."
The decision to withdraw the agreements sparked a "heat of rage" in Mr Parker, who told CFMEU NSW assistant secretary Rob Kera that "I've just got to stop myself from f***ing bashing" Mr Barrios.
Mr Parker's sworn denials that he had said he wanted to bash Mr Barrios "were not true, and he knew that to be so when he gave the evidence", Mr Stoljar said.
In September, Mr Barrios was compelled by the commission to give evidence about Mr Alex's phone call to him. Mr Parker subsequently told his daughter that "the whole of his union hate him now, think he's a f***ing dog".
"It is scandalous that a secretary of a divisional branch of the CFMEU would hold these views about Mr Barrios, let alone express them," Mr Stoljar said.
