Concerns remain about AFL stadium bidder Webuild failing a disclosure test during the Expression Of Interest (EOI) process.
In the Public Accounts Committee (PAC) on Monday, Macquarie Point Development Corporation CEO Anne Beach is asked about Webuild’s failure to disclose under a specific EOI condition. She confirms the non-disclosure but answers it according to the conditions of a second separate EOI condition.
SEE THE EDITED VIDEO … PAC HEARING IN FULL HERE
Ms Beach is asked about Webuild’s failure to disclose under Conditions 3. EOI Response Schedule QEC3: Financial and Contractual Risk Management and Financial Capacity Assessment. To disclose …
Part A
- any other claims and disputes which are on foot and subject to litigation, arbitration or determination by an independent expert;
And also relates to…
Part B
- (xvi) details of any other circumstance which may impact the Respondent’s ability to meet its contractual obligations, including:
- (A) regulatory or law enforcement agency investigations of the Respondent, related organisations or principals;
- (B) business commitments of the Respondent, related organisations or principals which might affect the Respondent’s capacity to perform any obligations under the project contract;
BUT
Ms Beach answers the question in relation to Conditions 4. EOI Response Schedule QEC4: Economic and Social Benefits Test. To disclose …
In the last 24-month period, has the Respondent been subject to:
- any findings against it by a court or tribunal regarding breach of an industrial instrument, including a breach of a non-confidential consent order?
- ii. any current proceedings in respect of a breach of an industrial instrument?
Under Condition 3 Webuild failed to disclose it was involved in the NSW Kimber inquiry which probed the construction giant for using sub-contractors engaged in suspected tax evasion, worker exploitation, safety breaches and insurance fraud. SEE THE REPORT
Regardless of the outcome the inquiry, Webuild was required to disclose its involvement because inquiries into the matters are ongoing.
Today in parliament I again asked stadium minister, Treasurer Eric Abetz about the non-disclosure after he had rushed out to seek a legal opinion on the matter after Monday’s PAC hearing.
I’m concerned that three months after the EOI was submitted and Webuild got the green light to compete for the stadium, we are learning just this week that Ms Beach and Mr Abetz were unaware – had no idea – that Webuild had failed an important disclosure test under Condition 3 of the EOI process.
Mr Abetz tabled a lawyer’s letter responding to the non-disclosure concern that also ignored Condition 3 and focussed on compliance under Condition 4 of the EOI process.
Ms Beach and Mr Abetz must clear up this confusion over the EOI disclosure conditions as soon as possible.