Mark Irving KC, who resigned as administrator in April after being appointed in August 2024, returned to the commission probing the CFMEU on Wednesday.
Questioned by counsel assisting Patrick Wheelahan KC, Mr Irving was shown an enterprise bargaining agreement between the CFMEU Victorian branch and company Form Solutions dated July 24, 2026.
By that time, Michael Crosby had taken over the embattled union's administration.
Form Solutions was allegedly directed by the wife of Bemir "Benji" Saracevic, the former national president of the Comancheros.
Mr Irving said that the task of identifying and weeding out organised crime figures from the CFMEU was "problematic".
He explained that there were up to 40 different outlaw motorcycle gangs in Australia, with the only list kept by the Australian Federal Police.
"We do not want outlaw motorcycle gangs to have roles as employers within this industry, but we do not know who they are," Mr Irving said.
Mr Irving said the union dealt with major employers who engaged with, or are controlled by organised crime.
"Does the CFMEU then say, we're not going to represent our members there?" he said.
"Workers in that part of the industry are going to remain unregulated and unprotected - that's a hard choice.
"The suggestion that I'm sure you're insinuating, that the CFMEU is in bed with organised crime under the administration is not only wildly incorrect, but false."
Under cross-examination by Chris O'Grady KC, Mr Irving said he had confidence in the administration's work.
"Are we there yet? No. Is there a way to go? Yes, years to go, and there is a plan."
Earlier, Mr Irving was grilled about the union's youth wing, including its alleged involvement in a pro-Palestine rally.
Mr Wheelahan showed Mr Irving photographs of a Brisbane protest rally in February, in which a Palestinian flag was atop a CFMEU Youth Crew flag.
He also asked Mr Irving whether he agreed with statements by Attorney-General Deb Frecklington that the banned phrase "from the river to the sea" was "there to incite hate".
Mr O'Grady objected, saying the ex-administrator was not being cross-examined on his views about Palestine or Israel.
Mr Wheelahan then asked Mr Irving if flying a Palestinian flag at the rally was something that he wished the CFMEU to be associated with.
"I would not wish the CFMEU, including the Youth Crew in Queensland, to be associated with anything involving things that are there to incite hate against Jews and Israelis, or against Palestinians," he replied.
Commissioner Stuart Wood questioned Mr Wheelahan about his line of inquiry.
Mr Irving had commissioned the explosive report by Geoffrey Watson SC, sparking Queensland's CFMEU inquiry.
