The construction workers union directed all staff and officials to clean out their emails despite it being issued with an order to produce electronic documents to the royal commission into union corruption.
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Kylie Wray, the general manager of the Construction, Forestry, Mining and Energy Union's NSW branch, told the royal commission on Tuesday she instructed staff to clean out their emails to free up disc space. The email server had not been backed up in four years but she had not considered saving them to an external source
Ms Wray directed staff to delete emails on June 24, less than a month after the royal commission issued the union with an order to produce documents including electronic records.
She said she cleaned out CFMEU secretary Brian Parker's emails and denied suggestions she was seeking to avoid the commission's notice to produce documents.
Counsel assisting Jeremy Stoljar suggested Ms Wray was deleting emails knowing some may be caught by the commission's request.
"You wished to delete emails which would otherwise be produced to the commission in answer to notices to produce, is that right?" Mr Stoljar said.
"No, that's not right," Ms Wray replied.
In an email to staff, she said the CFMEU was not receiving external emails because the mailbox store was full.
"As we are days away from the royal commission kicking off and there is a lot going on, we need everyone to make this a priority please," she said.
CFMEU barrister John Agius SC said there was no evidencel deleted emails were caught by the royal commission's notice to produce. "There had been compliance with those notices to produce before 23 June," he said.
Outside the royal commission, CFMEU national secretary for construction Dave Noonan said the union already complied with a substantial notice to produce before the inboxes became filled.
The royal commission also received evidence from Fair Work building inspectors including Matthew Barr that CFMEU officials had abused and intimidated him at Sydney's Barrangaroo building site on July 28.
Mr Barr said one union official spat at his feet and said: "Lick it up you f-----g dog."
A female inspector reported being called a "slut".
Inspector Seamus Flynn reported being physically and verbally assaulted by CFMEU officials at the Ibis hotel construction site in Grenfell Street, Adelaide, in May.
After Mr Flynn took photos of officials to help identify them, one allegedly used his stomach to push him backwards while saying: "You want a photo, you f-----g piece of sh-t."
Mr Noonan said the royal commission had merely proven that swearing occurs on building sites.
"No one was assaulted, and if they were, it's a matter for police," he said. "You don't need a $53 million royal commission to deal with someone swearing on a building site."
Mr Noonan said the union was concerned about a group of labour hire companies linked to Sydney crime figure George Alex.
He said the companies had owed more than $1 million in entitlements to construction workers.
"The only organisation that got off its backside and chased those workers' entitlements is the CFMEU," he said.
Mr Noonan said there was no evidence suggesting CFMEU officials had received kickbacks from companies linked to Sydney crime figure George Alex. But if any emerged, he would deal with it "ruthlessly".
"Our union doesn't take bribes. Any officer of our union that engages in corruption will be sacked and dealt with by the authorities," he said.
On Monday the royal commission heard companies associated with Alex allegedly made a weekly "union payment" of $2500. Under cross examination, Michael Cohen, director of Elite Access Scaffolding, said he understood the payment was to be given to the CFMEU.