Anyone who has ever sat for a few hours to watch paint dry will know the excitement that was today’s Royal Commission hearings into Branch 1 of the Health Services Union.

This was the attack on the current management of the union by those in the Marco Bolano/Kathy Jackson camp and to say that it lacked lustre would be an understatement.

After an initial delay which was clearly down to legal issues the day’s proceedings started with the lawyer representing the current Branch Secretary and General Manager, Diana Asmar and Kimberley Kitching respectively, Remy Van de Wiel QC seeking to stop proceedings.

Van de Wiel’s attempts to halt proceedings were the most interesting part of the day, and raised an important issue.

Due to the Royal Commissions practice directions which are different to the practice directions the Commission is using into matters involving other unions, the witnesses that appeared yesterday are not able to be cross-examined until weeks later. This means that these witnesses can hop on the witness stand and make all kinds of allegations without them being challenged at all.

Van de Wiel sought to be able to cross-examine the witnesses that appeared today, but as is turning out to be a habit with the Jackson faction, they all turned up to appear before a Royal Commission with no legal representation.

Some will say, “Who cares?” However given that this is a battle between two rival factions and that there is an election that will have commenced before cross-examination can commence only giving members one side of the story, I’d say it’s a pretty big issue.

Van de Wiel put it like this to the Commissioner;

“This is an example of corruption, if I might say with the greatest of respect in terms of your general overall duties, is not of great moment. This is not an inquiry, I believe, in relation to matters of improper use of funds, destruction of workers’ rights, the actions of people that are involved in a help yourself union, if you like. This is an inquiry you are conducting in terms of considerable matters of corruption and abuse of power.”

Van de Wiel seems to be just short of calling the Royal Commission part of a corrupt process, as this action of delaying cross-examination would almost appear to be an attempt to rig an election.

Most in the media room were also amused at Van de Wiel referring to the union under Bolano and Jeff Jacksons control as a “help yourself union”.

I cannot understand why there is the need for the different practice directions for the HSU hearings, it is more expensive, causes witnesses greater inconvenience, and leads to questions regarding the integrity of the Commission itself.

After the Commission dismissed the objections of Van de Wiel seven witnesses appeared before the Commission, their statements can be viewed on my resource page, except Flynn’s which is as yet unavailable in electronic format.

Those witnesses and their positions were;

Leonie Elizabeth Flynn 

Assistant Branch Secretary and Treasurer, Victoria No. 1 Branch

Robert John McCubbin

Formerly Lead Organiser, Victoria No. 1 Branch

Pik ki (Peggy) Lee

Former Industrial Officer, Victoria No. 1 Branch

Robert Phillip Morrey

Former Member of the Branch Committee of Management, Victoria No. 1 Branch

Barbara Denise Gregor

Former Member of the Branch Committee of Management, Victoria No. 1 Branch

Jayne Faye Govan

Former Organiser, Victoria No. 1 Branch

Patrick O’Brien

Member of the Branch Committee of Management, Victoria No. 1 Branch

 

From here on in it turned into Groundhog Day.

All of the witnesses told slightly differing versions of the same story, and we listened to them again, and again, and again, and again…

By the time lunch came around many of the media had left, and those that stayed were mostly finalising their stories rather than hear another repeat of the same old story.

So what was the story that beared repeating so many times?

The allegations that we heard over and over again were that the Right Of Entry tests for several union organisers were completed by either Kimberly Kitching or Pik ki Lee. Something that has been denied in the past by Kitching and Asmar and is a matter now before the Fair Work Commission.

I do not want to understate the seriousness of this matter as it does breach the law if true. However given the allegations surrounding the faction making these claims, a faction that faces allegations of misuse of members funds that are well over a Million Dollars, the cheating on a test taking up a whole day of a very expensive Royal Commission appeared to me to be not the best bang for buck at the taxpayers expense.

Luckily the witnesses had more shocking claims to go with the cheating on a few tests.

In what will no doubt come as a shock to all, those on the opposing ticket to Asmar did not receive the royal treatment from the Asmar team when they became the few members of a rival faction in a union. In allegations that were nothing short of appalling and deeply disturbing witness after witness told of being interrupted during meetings. Something that will no doubt send shockwaves through the union movement.

I don’t mean to belittle workplace bullying, but bear this in mind. This is a trade union we are talking about, these are people are employed in an organisation that is supposed to fight for people’s rights and stand up to stand over tactics from employers. If these people can’t deal with being interrupted or spoken over in a meeting may I be so bold as to suggest a different industry may be more appropriate?

One thing I did notice with the testimony of many of the witnesses in regards to the right of entry tests, is that they seemed happy to sign false declarations to say they sat the tests themselves, and now claim they lied about it. Some would go so far as to say they have admitted to fraud. However, apparently now we should accept what they say as gospel.

They offer no evidence other than whispers in corridors that nobody else has heard, or emails that seem to have gone missing somewhere, perhaps another flood? An online flood?

Despite the lack of evidence we are now expected to believe these members of Marco Bolano’s team who have already testified that they have signed false declarations. Self-confessed liars we are supposed to believe have now come good?

My opinion is that the words “reliable witnesses” do not go together in this case at all, based on their own testimony.

These matters are already before the Fair Work Commission and that is where they should have stayed.

My hope is that tomorrow something that may resemble something important will be discussed.

Touch wood.

 

 

 

 

 

 

 

 

 

 

 

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