The ACT Integrity Commission received new evidence about a series of meetings between senior public officials and Education Minster Yvette Berry's office after a senior public servant uncovered old notes while searching for Christmas decorations.
The notes showed there was a long discussion with Ms Berry, her then-chief of staff Josh Ceramidas and education officials about the application of the secure local jobs policy.
The meetings were held in February 2020 as a tender evaluation team was finalising its recommendation for Manteena to be awarded the contract for an expansion of Campbell Primary School.
This was outlined in a second day of public submissions to the ACT Integrity Commission in its investigation into the procurement process for the school's expansion.
The corruption watchdog is examining whether public officials failed to exercise their official functions honestly and impartially while handling the procurement. The contract was awarded to Lendlease, despite Manteena scoring better during two separate tender evaluations.
The commission has heard evidence the CFMEU pressured the government not to award the contract to Manteena, which the union had conflict with.
Counsel assisting the commission, Callan O'Neill, continued to provide his submission on Tuesday morning. He highlighted the notes from Rebecca Cross, who was the acting Education Directorate director-general from February 25 to March 12, 2020.
Mr O'Neill said Ms Cross had been unable to find the notes before she gave evidence to the commission but she had randomly found them when looking for Christmas decorations.
Counsel assisting painted Ms Cross as a reliable witness who did not need to present this evidence to the commission but did so and came back to provide further information as part of a private hearing.
Mr O'Neill said the notes matched evidence Ms Cross previously gave the commission. She was not in the acting role when the decision was made to award the tender to Lendlease.
This included notes from a meeting on February 24, 2020 with Ms Berry, Mr Ceramidas and John Green, a pseudonym for the education official who was at that time tasked with overseeing the procurement.
The note showed there was a "long discussion" on tenders and the secure local jobs code and the need to avoid providers that did not have appropriate standards.
The following day after this meeting Ms Cross was asked to attend another meeting with Ms Berry and Mr Ceramidas. This meeting, which occurred on February 26, was a chat about school contracts that did not meet expectations with the secure local jobs code.
The commission heard Ms Cross was given advice from Mr Ceramidas that she needed to follow the process carefully and apply the code.
The secure local jobs code is ACT government legislation that seeks to "ensure that public money goes only to businesses that do the right thing by their workers". The code was established following lobbying from the unions.
On Feburary 28, Ms Cross met Mr Green and he was tasked with undertaking an audit of the process. At this time, the tender evaluation team had made a decision that Manteena was a preferred tenderer.
Notes from a meeting with Mr Green show Ms Cross had placed a heart under Lendlease and "NL" under Manteena. "NL" meant "not liked".
Integrity commissioner Michael Adams KC questioned why so much emphasis was placed on the secure local jobs code, but this was never followed through.
"One of the odd things about this is everybody is talking about the content of and consideration concerning the secure local jobs code criterion as one of the matters to be evaluated for the purpose of the procurement," he said.
"No one ever interogates what actually occurred.
"That leads to two possible lines of reasoning. One is that it was never actually seen as a serious matter, as distinct from an attempt from the CFMEU to influence an outcome and it was an excuse and if that's so then you wouldn't want to know how serious the actual examination of that criterion was because what you want to retain is your indignation about it as an excuse for an outcome."
Mr Green has previously told the commission he recalled having a hallway conversation with Ms Cross who said the minister's office told her Manteena was not to get the job. But Ms Cross has no recollection of this.
Mr O'Neill said a contentious finding is Mr Ceramidas told Ms Cross that Manteena was not to receive the tender. He said an alternative to this is that this did not occur and Mr Green was confused. Mr O'Neill told the commissioner Mr Ceramidas rejected this finding. His lawyers are expected to provide their submission over the coming days.
Hearings are continuing.
