Unfit and Improper Persons currently running the Health Services Union
Sunday, 15 February 2015
Last week a new leadership team was elected to run the Health Services Union.
The bulletin or "Update" was distributed at union expense to all on its distribution list. It included this item:
That's it for the news from the courts. They forgot to mention Asmar, Kitching or any others involved in Federal Court/Fair Work Commission/Royal Commission or criminal proceedings. And there's nothing about Thomson paying back money. Nothing about Williamson paying back money. Nothing about Williamson's co-conspirators paying back money.
The HSU's action against Kathy Jackson (a former official whose last day at work was more than 3 years ago) is described in detail in these telephone intercepts involving Chris Brown, Gerard Hayes and Michael Williamson. They discuss entry into Jackson's office, packing and taking 91 boxes of documents, selecting documents that are "useful", framing charges against Jackson and a course of conduct designed to damage her.
The Royal Commission heard evidence that Jackson's expenses and emoluments were approved by her BCOM. The case against her appears to be based on presenting credit card and bank statements without the corresponding approvals - and Williamson/Hayes/Brown and others are recorded on the police intercepts discussing the removal and improper treatment of those approval records.
The Royal Commission made no adverse finding against Jackson.
Jackson is a former official but Kimberly Kitching, Diana Asmar and her team are current union officials - and workers are currently reliant on them.
Here is what the Royal Commission said about them:
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(iv) each of Diana Asmar, David Eden, Darryn Rowe, Nick Katsis, Saso Trajcevski-Uzunov and Lee Atkinson should be charged with and prosecuted for making a false statement in an application or recklessly making a false statement contrary to ss 136 and 137 of the Criminal Code (Cth) (Chapter 9); and
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(v) Kimberly Kitching should be charged with and prosecuted for aiding and abetting the contraventions of each of Diana Asmar, David Eden, Darryn Rowe, Nick Katsis, Saso Trajcevski-Uzunov and Lee Atkinson (Chapter 9);
Last Friday Vice President Watson of the Fair Work Commission made orders revoking the Right of Entry Permits for a number of union officials on Asmar's team, including her deputy. The Fair Work Commission says this:
In order to enter premises, an organisation official must have a valid and current entry permit from the Fair Work Commission. When issuing a permit, the Fair Work Commission may impose certain conditions, which limit the use of the entry permit.
The Fair Work Commission can only issue an entry permit to an official of an organisation if they are satisfied they are a fit and proper person. In deciding whether to issue a permit, the Fair Work Commission must take into account factors such as whether the official has received training about their rights and responsibilities as a permit holder, and whether the official has ever been convicted of an offence against an industrial law. The Fair Work Commission can revoke, suspend or impose conditions on an entry permit.
It's difficult to see how a union official facing serious criminal charges could be a fit and proper person to receive a second permit after having had a permit revoked. And no Right of Entry permit means union members are paying a salary to an ineffective representative.
Yet there's no outcry, no repudiation, no criticism. Michael Danby MP continues to exhibit this glowing reference for Kimberly Kitching on his website.
I have known Kimberley Kitching since she moved to Melbourne nearly 20 years ago.
She is the most intellectually impressive woman active on the moderate side of Labor politics.
Unlike many Labor women, Kimberley has had the opportunity to serve the Labor Party as a Vice President and as a member of the Administrative Committee.
Now she is a union official, as part of the team who successfully won the battle to clean up the corrupt Health Services Union
Many in Victorian Labor know that Melbourne Ports supported the preselection of Mark Dreyfus QC, Richard Marles and Bill Shorten, as we did for David Feeney in his Senate and Batman bids.
Kimberley Kitching is a candidate of equal stature and has my total support.
The narrative is that Kitching, Asmar et al somehow cleaned up the corruption. Jackson's role in reporting Williamson and Thomson to authorities (at immense personal cost) has been whited out.
The evidence of corruption within team Asmar is clear and has led to revocation of permits through which union officials function on behalf of members at work. That conduct has also led to recommendations for serious criminal charges flowing from a Royal Commission.
But to the current HSU leadership the media strategy and advice to members is to focus on Jackson, to "look over there" while current and serious corruption carries on as normal.
And to add insult to injury, Asmar/Kitching et al have their legal fees paid for by members. Further, it's current members who are paying for the lawfare against Jackson.
Health workers deserve much better than their unfit and improper leaders.