Former department chief warned over memory lapses at CFMEU inquiry

A former department chief has been warned he could be found in contempt after repeatedly failing to recall key conversations at Queensland's CFMEU inquiry.The commission of inquiry into alleged union misconduct is this week examining the union's alleged influence over senior public servants and ministers under the former Labor government.Office of Industrial Relations (OIR) director-general Michael De'Ath, who served under then-Labor minister Grace Grace between 2021 and 2024, has spent two days in the witness box.He has faced intense questioning from counsel assisting Dimitri Ternovski over whether union pressure influenced departmental decisions.Mr De'Ath repeatedly struggled to recall crucial conversations, even when confronted with phone calls, emails and other correspondence.At the end of Wednesday's marathon hearing, Commissioner Stuart Wood KC flagged a possible contempt finding against Mr De'Ath.Stuart Wood KC told Mr De'Ath he had been warned about his inability to recall key conversations. (Supplied)He cited a High Court ruling that a "professed inability to remember" could amount to contempt if proven to be a "deliberate" refusal to answer questions.Mr De'Ath's counsel, Emma Hoiberg, asked to consult her client if the commissioner intended to make such a ruling."It seems to me that we're getting very close to that position," Commissioner Wood replied."There's been crucial periods where one would expect the events that have been described by other witnesses would be very vivid in the mind of this witness."He professes an inability to recall but then, at other times, in matters that are much less serious, he seems to recall them with great ease.""It doesn't mean that there'll be charges, but the witness has been warned," he said.Ms Hoiberg defended her client's evidence, arguing the conversations dated back to 2022 and 2023, when Mr De'Ath oversaw a vast government portfolio."My submission would be that it's not unexpected for Mr De'Ath not to have specific recall of those sorts of conversations," Ms Hoiberg said.Union boss 'out of control'Earlier, Mr De'Ath detailed what he described as the CFMEU's "blatant refusal" to accept the OIR's proposed changes to workplace safety reporting procedures.The reforms were designed to curb the union's direct access to senior bureaucrats and require complaints to go through standard reporting channels.Mr De'Ath described the behaviour of ousted CFMEU boss Michael Ravbar during the dispute as "out of control".Michael De'Ath said ousted CFMEU boss Michael Ravbar was "out of control." (ABC News: Mark Leonardi)He recounted a heated meeting in which he claimed Mr Ravbar repeatedly insulted him, branding him pathetic, deluded and a "boofhead".When asked by Commissioner Wood whether he'd ever encountered such behaviour in his career, Mr De'Ath replied: "Never in my entire career … Mr Ravbar was just out of control."Former OIR deputy director-general Peter McKay is set to be recalled to give evidence on Thursday, after Mr De'Ath's lengthy testimony delayed his appearance.