The CFMEU insider with fears about how powerful probes are seeking truth

A Victorian CFMEU insider and former industrial lawyer has made a rare public intervention to question whether Queensland’s powerful probe into the union and construction sector, and its looming Victorian counterpart, will deliver on their promised actions.

Emma Walters, the estranged wife of former Victorian CFMEU secretary John Setka who met him while working at the union, spoke to this masthead when approached on Thursday between sessions spent observing the sprawling state inquiry from the public gallery.

Her comments have spurred the peak Queensland union body to call for the now year-old inquiry to get a Victorian-style special prosecutor to allow inquiry investigators a direct avenue for potential charges to be laid before any final report.

It comes as the Queensland inquiry head, the usually Melbourne-based barrister Stuart Wood KC, prepares to issue an interim report this month, expected to include a decision on a new state construction code and regulator.

The inquiry – initially launched as a 12-month, $20 million probe in mid-2025 – has had its funding almost quadrupled to $95 million by David Crisafulli’s LNP government, with a reporting date extended to December 2027 before a state election year.

Sparked by this masthead’s reporting of allegations of corruption and criminal links in the construction union and sector nationwide, and an early investigation by barrister Geoffrey Watson SC, the inquiry has heard further serious allegations across 15 hearing weeks.

These have focused on CFMEU figures themselves, the former Labor government, the state’s police and workplace safety regulator, along with major building firms and contractors, and had provided ample political fodder for the government.

Walters said while people may draw conclusions about why she appeared in person and was speaking out publicly, she was doing so to understand if the inquiry – and one gearing up in Victoria – would actually get to the “hard truth” of criminal allegations.

She said that with her long-term personal and professional interest in the union, and “some understanding of conduct which has given rise” to the two state inquiries, “knowledge was power” for her to see the approach of the Queensland probe from inside the room.

Walters said she had not been called to give evidence or subpoenaed, and that while she is currently not employed, her interests had brought her to Brisbane on the final hearing day of the week and she wanted to make use of the opportunity.

“There are serious allegations that have been raised about conduct of [CFMEU] executive members of each state,” she said. “There’s certainly been a lot of action in some of them in terms of just immediately excavating them out of the union.

“But it’s very real to me and my interests whether or not the truth is what we are seeking here.

“I really have a strong sense that unless that’s done, it’s a further opportunity lost for the members of the CFMEU, whether it be in Queensland, Victoria, NSW, et cetera, [to] gain information and understanding of the manner in which their union has been run.

“The onus, I think, is very seriously on government and the legislative arm and the political arm to do the work, answer the taxpayer, allow the union member to gain some insight as to whether they’ve been a member of ... an inherently criminally corrupt organisation who’s used now known affiliations with outlaw [motorcycle] gangs.”

Walters described Wood as an active commissioner, and praised the use of public hearings, but held concerns some of the outward-facing work of the probe was not adequately utilising – or showing its use of – powers to dig into some of the allegations raised.

She cited evidence from some management figures within the consortium delivering Queensland’s largest passenger rail project, including claims of Comanchero bikies or “mercenaries” from Victoria flown up to aid an armed union blockade of work sites.

Walters said such claims could place further people at risk, particularly if they have knowledge of events beyond those giving evidence. Any appearance of allegations not being pursued could cause others to not come forward, she said.

“What we’re really trying to uncover is if that kind of conduct is actually happening, and evidence of it, and protection of people who say that’s happening so that they can ensure that it’s treated with the respect by government and by institutions that it should be,” she said.

“So that it’s not left in a vacuum where that person may suffer the consequences of taking that extraordinary step, and that ... regulatory bodies, institutions, government don’t take it [that information] further.”

Walters said she saw “no basis for providing anything on a voluntary basis” to the inquiry, and that what she observed on Thursday concerned her as a “cross-jurisdictional issue that’s being left for the public to perceive as being untested [and] not taken seriously”.

“That may well not be the case … [but] maybe someone saying something about it might provoke people conducting inquiries to either do what is necessary and put in place what is necessary to uncover the truth, or it remains a sham and speaks to the wrong people being protected.”

Walters added that the allegations had been raised by journalists who took their jobs very seriously, and she was concerned they were “not being translated into an inquiry that is doing the same”, given the political motivations of the government that set it up.

The inquiry declined to respond to Walters comments, but during proceedings – including this week – Wood has highlighted that some evidence was untested and relevant figures would be called to respond. Key ousted Queensland leaders Michael Ravbar and Jade Ingham are yet to appear.

In September, counsel assisting the inquiry laid out a case involving an alleged bikie-linked plot to threaten a CFMEU activist, culminating in a request by Wood for advice on what was being done about the potential that infrastructure giant BMD figures may not have cooperated with police.

In a statement to this masthead, Queensland Council of Unions general secretary Jacqueline King said the state inquiry should look to Victoria’s probe to ensure potential criminal conduct was referred to the appropriate authorities in real-time.

That body, which held an opening public hearing last month, will have a special prosecutor working alongside able to bring people or organisations to account even before the inquiry is finalised.

“Queenslanders could be waiting until the end of 2027, perhaps longer, for a final report on matters that may warrant investigation now and justice for those involved,” King said.

“The focus must be on accountability for what has occurred in the industry – not simply a final report, media headlines or political scalps. Where evidence points to possible criminal conduct, it should be properly investigated without delay by the proper authorities, wherever it leads”.

A spokesperson for the inquiry said its role was to investigate matters within its terms of reference and make recommendations, and decisions about any dedicated special prosecutorial or related arrangements were matters for the government and relevant law enforcement agencies.

The offices of Crisafulli, along with Deputy Premier and Industrial Relations Minister Jarrod Bleijie, are yet to respond to questions.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.

You have reached your maximum number of saved items.

Remove items from your saved list to add more.

You've used all of your gift articles. 3 more will become available on the 1st of every month.