Former building regulator boss might have committed misconduct: inquiry

The head of Queensland’s inquiry into the CFMEU and construction industry has suggested a former building regulator boss might have committed misconduct in public office, based on evidence heard from a former staff member.

Graham Easterby, a former Queensland Building and Construction Commission licensing manager, told the inquiry of comments he had heard attributed to former commissioner Brett Bassett about the reason for regulator efforts to target contractor Watpac.

“The reason we’re here is because Watpac isn’t signing an EBA with the CFMEU,” Easterby described Bassett’s comments, relayed to him by a colleague, after a meeting about the approach.

While noting the detail at this stage was hearsay, inquiry commissioner Stuart Wood asked counsel assisting Alexander Thomas to flag from the outset any potential offences arising from the evidence, next time the subject was probed.

“But if that was said, it’s not only … a contravention of the Fair Work Act, but it’s hard to see it wouldn’t be misconduct in public office,” Wood said.

Easterby had already, in spoken evidence across Tuesday afternoon and Wednesday morning – along with a lengthy written statement – described what he deemed to be potentially unlawful behaviour by the regulator.

This included Bassett pushing Easterby and colleagues to investigate the ability to take licensing action against Watpac, amid pressure from then-minister Mick de Brenni and QBCC board chair Dick Williams – a former state Labor president.

Asked to provide such directions in writing on numerous occasions by Easterby’s superior, Ian Grant, Easterby said Bassett’s response was often words to the effect that he “can’t do that” or “I’m not putting that in writing”.

Thomas, taking Easterby through his statement in Wednesday morning, asked why the pair wanted such directions in writing, Easterby said it was because another entity may have considered such actions were unlawful or outside the regulator’s scope.

“In my mind, there’s unlawful and there’s unjust, and I suppose it’s a bit of a blend between the two,” Easterby said when pressed further.

He also described increasingly unusual involvement from the board in operational matters of the regulator, which increased after then-state CFMEU leadership figure Jade Ingham was appointed as a director.

“I could never plan my day, because Commissioner Bassett was constantly interrupting our schedules based on directions that he had received from the QBC Board. These directions came from Mr Williams or Mr Ingham,” Easterby wrote.

Ultimately, three years into his role in July 2021, Easterby, Grant and two other colleagues resigned together after what Easterby said was a vexatious complaint against them for not doing what they were directed by the board.

Easterby then made a complaint to the Crime and Corruption Commission relating to the matters, was interviewed by watchdog staff, but was told by them nothing would happen with the complaint while the former Labor government was in power.

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