Val Gostencnik, Bill Shorten, Gerard Hayes, Sam Dastyari, Michael Williamson and the HSU Administration
Wednesday, 03 September 2014
Recall that the former HSU Official Val Gostencnik was acting for Fair Work Australia in its investigation of the HSU. At the same time Gostencnik took a brief from Bill Shorten to act for Shorten in his application that an Administrator (Michael Moore) be appointed to the HSU.
Below is the email from Bernadette O'Neill sending Val Gostencnik the FWA Investigation Report and all its Annexures. Note it was highly confidential and no-one, including the Gillard Government and its ministers was supposed to have access to the contents of the report until 7 May 2012.
The date Gostencnik got it was 3 April 2012.
Here is the evidence of Daniel Mookhey (TWU Apparatchik) as to what took place on 4 April 2012, the day after Shorten's lawyer received the confidential HSU Report from FWA. He describes a meeting with Tony Sheldon, Sam Dastyari and others that took place on 4 April.
A. That was perhaps best described as somewhat of a
12 crisis that was occupying tremendous public attention,
13 parliamentary attention; the attention of regulators,
14 amongst many others. The meeting that happened in April 4
15 was very much one of the earlier stages or acts of this
16 particular crisis and therefore, I think you'll find, that
17 the minute is reflective of the fact that the directors
18 weren't necessarily aware of how the campaign was to evolve
19 because they weren't necessarily aware of how the crisis
20 was to be resolved. In terms of the early element of
21 partial funding, it is clear at this point in time that
22 predominantly to bring the movement to some element of
23 resolution on this, to remove the sort of people who are
24 now proven and now found to have been corrupt, who are
25 partaking in those campaigns, that the whole of the
26 movement - and when I say "whole of the movement", I mean
27 the entirety of the labour movement - had to demonstrate a
28 sort of mainstream response to this particular crisis,
29 specifically the capacity for the union's rules, as well as
30 union elections in general to deliver change. The
31 'Our HSU' campaign very much had that view and very much
32 campaigned on that view, and sought support from the
33 entirety of the labour movement because it was thought that
34 the entirety of the labour movement had to demonstrate its
35 abhorrence of what had happened at that union and its
36 desire to rid the union of those people. The 'Our HSU'
37 campaign explicitly sought and went to every single person
38 that we possibly could have in respect of the wider labour
39 movement seeking their support for the campaign. So when
40 I say that the campaign was only ever partially funded,
41 what I mean by that is we put the emphasis first, and our
42 priority first was on the campaign, and in building support
43 for the campaign and building support for the change that
44 was necessary in the HSU before we necessarily prioritised
45 how we paid for it.
He speaks of the "crisis" that had become clear to the Labor movement by 4 April 2012.
Here now is the conversation between Gerard Hayes (the beneficiary of the McLean Forum money) and Michael Williamson, advising Williamson about Shorten's decision to apply for an Administrator.
Here's the transcript, page one below: