24 March 2014

Mr David Eden Health Services Union (HSU) Victoria No. 1 Branch 208- 212 Park Street South Melbourne VIC 3205

Dear Mr Eden,

FairWork Commission

Notice of Specific Adverse Finding Relevant to Right of Entry Permit (RE 2013/747)

As you aware the Fair Work Commission (FWC) has been conducting inquiries in relation to the administration of Right of Entry (ROE) permits at the Victoria No 1 Branch (the Branch) of the Health Services Union (HSU). Those inquiries involved an allegation that during the 2013 calendar year, a range of current and former office holders and employees of the Branch were issued with ROE permits pursuant to s 512 of the Fair Work Act 2009 (the Act) based on false or misleading declarations having been made to and relied upon by the FWC.

The purpose of this correspondence is to advise that as a result of the inquiries conducted into the issuing of your ROE permit on 15 April2013 {RE 2013/747), the following adverse finding is proposed to be made;

• That in order to obtain a ROE permit, you made an intentionally false and misleading statement in a declaration for a ROE permit dated 26 March 2013 that you had received appropriate training about the rights and responsibilities of a permit holder, namely the ACTU Federal Right of Entry on line training course completed on 26 March 2013.

Action Proposed

I advise that having proposed to make the finding referred to above , I consider the following options available to me:

• Take no action; • Impose a condition on your permit in accordance with s 515 of the Act; or • Exercise a power implied by the Act to revoke your permit RE 2013/747; • Refer the matter for prosecution for a breach of s 137.1 Criminal Code Act 1995 (Cth) .

I advise that having proposed to make a finding that you made an intentionally false and misleading statement in order to obtain a ROE permit, I propose to exercise a power implied by the provisions of the Act and revoke your permit. I also advise that upon completion of the inquiries, I propose to further consider whether to refer the matter for prosecution for a breach of s 137.1 Crimina/Code Act 1995 (Cth).

11 Exhibition Street

Melbourne VIC 3000 GPO Box 1994

Melbourne VIC 300 1

Telephone: (03) 8661 7777 International : (613) 8661 7777

Facsimile: (03) 9655 0401

Email: orgs@fwc.gov.au

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For your ease of reference, I have attached part of a report which is relevant to the findings above and which is referred to as Annexure 3. In reaching the proposed finding I have referred to above, I have relied upon the materials contained within Annexure 3 and other materials which are referred to within Annexure 3.

You are invited to respond to the materials contained or referred to within Annexure 4 and the findings referred to by COB Tuesday 15 April 2014. Upon receipt of your response. if any, I propose to issue a formal written decision based on all of the available materials {including your response). I advise that any formal written decision I make will be appellable to the FWC.

Should you have any questions or would like to discuss the matter in the meantime, I can be contacted on the details provided below.

Yours Sincerely

Chris Enright

Director Regulatory Compliance Branch Fair Work Commission 03 86617818 -chris.enright@fwc.gov.au

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Mr David Eden PPH Annexure 3 Annexure Description No

3 (i) Mr David Eden's ROE permit application

3 (ii) Ms Pegg}'_ Lee's statement of 16 January 2014 Extract from Submission made by Mr David Shaw in relation to Mr

3 (iii) David Eden on behalf of the branch dated 17 February 2014 3 (iv) Statement of Mr Robert McCubbin dated 13 September 2013 3 (v)

Statement of Ms Jayne Govan dated 16 September 2013 3 (vi)

Letter to Diana Asmar dated 17 October 2013 3 (vii)

Statement of Mr Alexander Leszczynski dated 6 January 2014 3 (viii) Submission dated 11 December 2013 containing David Eden 's phone

records relatinQ to 26 March 2013 3 (ix) Submission from David Shaw of Holding Redlich on behalf of the

Branch dated 26 November 2013 3 (x)

ACTU data relating to David Eden obtained 18 December 2013 3 (xi)

Transcript of interview with Mr Eden conducted 19 December 2013 3 (xii) Report dated 17 February 2013 received from lnvest-e-gate to Mr

Chris Enright 3 (xiii) Security system extract for the March 2013 period provided in

Submission dated 17 February 2014 by Mr David Shaw on behalf of the branch

3 (xiv) Extract from HSU submission dated 17 February 2014 relating to Mr Darryn Rowe

3 (xv) Letter from Chris Enright to Ms Diana Asmar -dated 18 February 2014

3 (xvi) Leonie Flynn statement with annexures - 4 September 2013

3 (xvii) Ms Diana Asmar Statutory declaration signed 25 November 2013

3 (xviii) Emails between Mr Chris Enright and Mr Scott Mann dated 17 and 18 February 2014

3 (xix) Statutory Declaration signed by Mr David Eden dated 12 September 2013 ACTU system report obtained 12 March 2014 in relation to tests

3 (xx) performed on 15 February 2013

3 (xxi) ACTU data table received from the Branch 26 November 2013

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Annexure 3

Mr David Eden - Branch President Introduction

1. On 4 September 2013 the Assistant Secretary I Treasurer of the Victoria No 1 Branch of the Health Services Union (HSU) Ms Leonie Flynn lodged a formal statement of complaint with the Fair Work Commission (FWC) which, among other things , referred to her concern about what she described as 'Other employees completing Organisers' Right of Entry' tests during the 2013 calendar year. Following the lodgement of Ms Flynn's formal statement of complaint on 4 September 2013 the FWC commenced making inquiries about the management of the Right of Entry (ROE) permit application system by the Victoria No 1 Branch (the Branch) of the HSU during the 2013 calendar year.

2. Section 512 of the Fair Work Act 2009 (the Act) provides the statutory authority for the FWC to issue ROE permits. It is implicit in the formulation of s 512 of the Act that the FWC may make inquiries so as to determine whether it is satisfied about the permit qualification matters set out in s 513 to which it must have regard. The FWC relied upon the formulation of s 512 and s 513 of the Act to conduct inquiries into the management of the ROE permit application system by the Branch during the 2013 calendar year.

3. The essential allegation which emerged from the inquiries was that during the 2013 calendar year a range of current and former office holders and employees of the Branch were issued with ROE permits pursuant to s 512 of the Act based on false or misleading declarations having been made to and relied upon by the FWC.

4. The particulars of the allegation included that current and former office holders and employees of the Branch had signed declarations attesting to having received appropriate training as required by the Act in circumstances in which those office holders and employees had not received such training but nonetheless declared that they had and were subsequently issued with ROE permits.

5. One of the permit holders relevantly identified during the inquiries was Mr David Eden .

Permit holder Mr David Eden

6. Mr Eden holds the office of Branch President and is also employed by the Branch as an Information Officer. This document examines Mr David Eden's application for a ROE permit and a separate document refers to declarations made by Mr Eden in his capacity as a Committee of Management (COM) attesting to the fit and proper person and training requirements relevant to other Branch staff members.

7. On 26 March 2013 an application for a ROE permit was lodged with the FWC on behalf of the then proposed permit holder (PPH) Mr David Eden (Annexure 3(i)) . The application contained declarations from the Secretary of the Branch Ms Diana Asmar that Mr Eden had received the requisite train ing and testing to satisfy the permit qualification training requirements in the Act.

8. Specifically, Ms Asmar's declaration included that the proposed permit holder:

'has received appropriate training about the rights and responsibilities of a permit holder, namely:

The A CTU Federal Right of Entry online training course completed 26 March 2013. (Please see attachment 1) '

9. Attachment 1 of that declaration was a copy of the Certificate of Achievement issued to Mr Eden by the ACTU upon successful completion of the Federal ROE Course.

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Administration of Right of Entry Permits at the Branch

10. Ms Diana Asmar was elected to the position of Branch Secretary on 21 December 2012 and immediately appointed Ms Kimberley Kitching as the General Manager of the Branch.

11. Ms Asmar has made a statutory declaration dated 25 November 2013 setting out , among other things, that because of the departure of former employees of the Branch during January of 2013, there was an urgent need to address the ROE permit process and that three issues were evident.

1. Only one Branch office holder and three branch emp,oyees then held ROE permits;

2. Ms Asmar was particularly conscious of the fact that many of the people she was seeking to recruit as organisers 'had no training '; and

3. Ms Asmar had been specifically advised that the ROE permit application process at the Branch had been unethically managed by the previous leadership.

12. As a matter of urgency in January 2013 Ms Asmar tasked two key employees to put in train the process for obtaining ROE permits. The Industrial Officer Ms Peggy Lee was tasked to implement the processes for obtaining ROE permits and the General Manager Ms Kimberley Kitching was allocated the responsibility to ensure that Ms Lee completed that ongoing task. Part of the evidence demonstrating the critical role of Ms Kitching in the ROE process included that Ms Asmar later required Branch applicants for the ACTU Federal ROE course to provide their course details, including passwords, toMs Kitching. No such requirement applied toMs Lee or any other Branch employee or office holder.

13. Much of the available material relevant to the administration and processing of ROE permits at the Branch affirms that from January 2013, both Ms Peggy Lee and Ms Kimberley Kitching were the two key HSU Branch employees responsible for the administration of ROE permits.

14. The available materials demonstrate that from 16 January 2013 Ms Lee made various attempts to monitor the progress of Mr Eden's enrolment into the ACTU Federal ROE course (see emails attached to Annexure 3(ii)). The materials suggest that Mr Eden must have been aware from that time that officers were required to undertake training and complete ROE tests .

15. The materials also demonstrate that Ms Lee commenced recreational leave on 13 February 2013 and on that day travelled to Hong Kong before returning to Australia on 6 March 2013.

16. Subsequent to her return from leave and at 10:35 a.m. on 12 March 2013 Ms Lee sent an email to Ms Kitching requesting her (Ms Kitching) to provide Mr Eden's Certificate of Completion in order to continue with the administration of Mr Eden's ROE permit application. Ms Kitching advised by return email that Ms Lee should obtain Mr Eden's ACTU log in details from him.

17. At 11 :04 a.m. on 12 March 2013 Ms Lee emailed the following to Mr Eden (see submission in relation to David Eden dated 17 February 2014 (various email correspondence, Annexure 3 (iii));

'Could you please tell me your log-on details for the right of entry course? I need your certificate for the permit application '.

18. The materials demonstrate a relevant email sent by Ms Lee to Mr Eden at 4:32p.m. on 14 March 2013 contained the following:

'Are you coming back to the office tomorrow? I have an entry permit application form which needs your signature (attached) . Could you please sign it and sent it back to me asap?'.

19. The materials demonstrate a further email exchange between Ms Lee and Ms Zoe Watkins oftheACTU at4:19 p.m. on 19 March 2013.

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20. Relevantly, Ms Zoe Watkins of the ACTU emailed Ms Lee and advised the following :

'Thanks Peggy, I have had a look in our system and I cannot find a David Eden at all. When did he register for the course?'.

21 . The materials demonstrate that at 5.09 p.m. on the same day {19 March 2013), Ms Lee sent an email to Mr Eden attaching the ACTU course application form.

22. The materials demonstrate that at 8.59 a.m. on 20 March 2013 Ms Lee responded to the previous email from Ms Zoe Watkins of the ACTU and provided the following :

'Thanks. I will put in the application form for David asap '.

23. The materials demonstrate that at 4.28 p.m. on 20 March 2013 Ms Lee emailed the ACTU attaching Mr Eden 's ROE training course application form and included :

Hi Zoe, Could you please process the application for David Eden as soon as possible? Please see the attached form.

Could you please also send me a copy of the confirmation letter so that I can make sure that he is enrolled? Thanks!

24. On 22 March 2013 both Mr Eden and Ms Lee were electronically copied into an email from the ACTU which provided Mr Eden 's ACTU ROE tra ining password and attached his Enrolment Confirmation Letter. Since at least that time Ms Lee had unfettered access to Mr Eden's ACTU password and account.

25. Based on the available materials there is little if any evidence that Ms Asmar took any active role in ROE administration and testing and the evidence as indicated above is that she had allocated that responsibility toMs Lee and Ms Kitching.

Inquiries conducted relevant to Mr David Eden

26. Mr Eden is currently Branch President and has held that office since December 2012.

27. As a result of the allegations made by Ms Flynn and subsequent inquiries, the FWC wrote to Mr Eden on 4 September 2013 advising that information had been received which had raised significant concern about whether he had received the requisite ROE ACTU online training and whether he had participated in the testing questionnaire which is a part of that training package. Specifically, Mr Eden was advised that the FWC was concerned that his declaration may have been incorrect and possibly misleading.

28. The FWC requested Mr Eden to provide a Statutory Declaration {Annexure 3(xix)) confirming that he was actually the person who received the appropriate training and completed the on line ROE test which is part of the ACTU training package.

29. On 16 September 2013 the FWC received a Statutory Declaration signed by Mr Eden and dated 12 September 2013. The declaration provided that Mr Eden was the person who actually completed the on line ROE test which is part of the ACTU training package.

Statements provided to Branch

30. On 17 September 2013 and in response to a request from Mr David Shaw of Holding Redlich, copies of signed statements from two previous employees of the Branch, Mr Robert McCubbin (Annexure 3 (iv)) and Ms Jayne Govan (Annexure 3 (v)) were provided to the Branch .

31. The contents of the McCubbin and Govan statements will be referred to in more detail below. Relevantly, both Mr McCubbin and Ms Govan concede in their signed statements that while each of them had been issued with ROE permits , neither had received the relevant training and each of their applications had contained false and misleading declarations. Both Mr McCubbin and Ms Govan were able to identify a number of Branch employees who had

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falsely declared in their ROE applications that they had received appropriate ROE training including Mr Eden .

Request for Records

32. On 25 September 2013 the FWC requested the Branch to examine records which could identify the whereabouts and movements of a range of Branch permit holders on dates and times relevant to the ROE issue. In particular, the Branch was requested to examine :

• Relevant diary entries;

• Relevant HSU mobile phone records; and

• Relevant HSU Citylink vehicle records.

Confidential Sources

33. During the course of inquiries being conducted , the FWC received information from two persons who provided information relevant to the ROE permit issue although unlike Ms Flynn, Ms Govan and Mr McCubbin, they had not initially provided signed statements.

34. As a matter of procedural fairness and on 17 October 2013, the FWC wrote to the Branch advising that the FWC was in receipt of information from two confidential sources described as Confidential Source 1 (CS1) and Confidential Source 2 (CS2) which might assist the Branch in the preparation of its response to the ROE permit issue. The correspondence to the Branch is attached as Annexure 3 (vi).

35. In relation to the 17 October 2013 correspondence, the FWC relevantly advised the Branch that a confidential source had provided information that:

'Mr David Eden and Mr Darren Rowe were not the people who actually did their own ROE training and testing .. .

Ms Kitching however, was not the person who received the training or performed the ACTU on-line tests on behalf of Mr David Eden or Mr Darren Rowe .. .

The ROE training and tests completed on behalf of Mr David Eden and Mr Darren Rowe were conducted from another PC in the HSU office'.

36. The FWC advised the Branch that it was endeavouring to establish the further cooperation of the two confidential sources referred to by obtaining written statements from them and if successful, it was proposed to provide the Branch with those written statements.

37. Confidential Source 1 later identified as Mr Alex Leszczynski who on 6 January 2014 signed a statement largely prepared for the purposes of a separate investigation being conducted under s 331 of the Fair Work (Registered Organisations) Act 2009 (the RO Act) with respect to the financial management of the Branch . Within that statement, Mr Leszczynski included a heading of 'Right of Entry Permit Issue' and set out his evidence relevant to that issue (Annexure 3 (vii)).

38. Confidential Source 2 later identified as Ms Peggy Lee who on 16 January 2014 provided a statement which had been signed on 15 January 2014 setting out her knowledge and participation in the ROE administration and processes at the Branch during the 2013 calendar year (Annexure 3 (ii)). Ms Lee's statement will be further referred later in this document although it was Ms Lee who specifically identified Mr Rowe and Mr Eden as Branch employees who had not completed their own ROE tests based on her admission that she had completed the tests on each of their behalf.

39. The circumstances at this point were that on 25 September 2013 the FWC had requested an examination of Branch diary entries, mobile phone and Citylink records of staff involved in the ROE inquiries and on 17 October 2013, the Branch was provided with the confidential source information that Mr Rowe and Mr Eden were nominated as Branch staff who had not completed their own ROE tests.

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40. It would have been reasonable in those circumstances for Mr Eden to have reviewed his own mobile telephone and other records to ascertain his movements on 26 March 2013 which was the date he had declared in his ROE application that he had received his ACTU training and Certificate of Completion .

41 . Had Mr Eden reviewed his mobile phone records for his movements on 26 March 2013 when he became aware that the FWC were requesting the examination of mobile phone records and at a time the specific allegations had been made by Confidential Source 2 (later identified as Ms Lee) he would have identified that at 9.13 a.m. on 26 March 2013 he was making a mobile phone call in the Malden area of regional Victoria (Annexure 3 (viii)) The circumstances are that it would not have been possible for Mr Eden to have been making a mobile phone call in the Maldon area of regional Victoria at 9.13 a.m. and then accessing his ACTU account from the Branch office in accordance with the ACTU data at AEDT 9:51 a.m. on 26 March 2013 (which will be extensively discussed below).

Note: On 13 February 2014 the complete statements of Mr Leszczynski and Ms Lee were provided to the Branch.

The Branch Response

42. On 26 November 2013 and through Mr David Shaw of Holding Redlich solicitors, the Branch provided a general written response (see Annexure 3 (ix)) to the ROE permit issues being examined by the FWC addressing a range of matters which had emerged from correspondence and other materials. Specifically, it responded to the allegations put to the Branch on 17 October 2013 citing statements made by CS1 and CS2.

43. The Branch also provided the FWC with a data spread sheet it had received from the ACTU and which it had relied upon to prepare the response. The ACTU data spread sheet (the ACTU data) contained information identifying each HSU Victoria No 1 Branch employee who had either applied for or completed the ACTU Federal ROE course in the 2013 calendar year (see Annexure 3 (x) for data relating to David Eden). The ACTU data contained log in, access dates and times and the time taken for course participants to complete their tests .

44 . The Branch response provided, for the first time, an explanation for the ACTU data recording Mr Eden's ROE account being accessed at AEDT 9:51 a.m. on 26 March 2013 and although it was not referred to in the response , the explanation also accounted for Mr Eden making a mobile phone call in the Maldon area of regional Victoria at 9.13 a .m. on the same morning.

45. The explanation provided by the Branch response was that the ACTU system data was wrong .

46. Specifically, the Branch response provided Mr Eden's instructions that:

In relation to Mr Eden, the ACTU record shows that Mr Eden undertook his ROE test on 26 March 2013 at 8.51 am [AEDT 9.51 a.m.] and the time taken was 21 minutes 49 seconds. Mr Eden has provided a Statutory Declaration as requested by you and further instructs that he came down to Melbourne on the afternoon of 26 March 2013 to do his test- he did not do the test at 9.14 am [AEDT 10.14 a.m.] that day. To the best of his recollection, it took longer than the 21 minutes and 49 seconds set out in the ACTU record.

Mr Eden also recalls that Ms Kitching opened up the computer for him and that Mr Rowe also came down from Bendigo that afternoon to do his test.

47. The Branch response makes clear that Mr Eden's instructions are that he attended a meeting at 2.00 p.m. on 26 March 2013 in Bendigo and travelled to Melbourne later in the afternoon.

48. It is significant that the Branch response does not account for the circumstance, demonstrated by the available materials, that Ms Lee had already collated Mr Eden's ROE application and electronically submitted it by email to the FWC at 10.39 a.m. on 26 March 2013.

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(

The time at which Ms Lee electronically submitted Mr Eden's application is, at the minimum, seven hours prior to the time it would have been possible for Mr Eden to attend the Branch office to access his ACTU account. Note: In a subsequent audio recorded interview at the FWC, Mr Eden estimates that both he and Mr Rowe left the Maldon area at approximately 5.30 p.m. on 26 March 2013 and travelled to the Branch office in Melbourne (see Annexure 3 (xi) for transcript of interview at the FWC).

49. The documents collated by Ms Lee and electronically submitted to the FWC by email at 10.39 a.m. on 26 March 2013 included:

• the Form 42 PDF application dated 26 March 2013 from the Branch on behalf of Mr Eden for a ROE permit;

• declarations signed by both Ms Asmar and Mr Eden dated 26 March 2013 declaring that Mr Eden had completed his ACTU training on 26 March 2013;

• the ACTU Certificate of Completion dated 26 March 2013 which can only be issued upon successful completion of the relevant ROE test. Note: The ACTU had issued an automatically generated email at 10.15 a.m. on 26 March 2013 advising of the issue of Mr Eden's Certificate of Completion.

50. The accounts of both Mr Eden and Mr Rowe are inextricably linked because each claim that by earlier arrangement, they simultaneously travelled to Melbourne from regional Victoria specifically for the purpose of completing their ROE training and testing at the Branch office. Further, the ACTU data demonstrates that the ROE tests of both Mr Eden and Mr Rowe had been completed prior to the time each of them claim to have done the tests. In addition, the materials demonstrate that the signed ROE applications containing each of their respective declarations and Certificates of Completion, were actually in the possession of the FWC prior to the time Mr Eden and Mr Rowe claim to have completed their ROE tests. In response, both Mr Eden and Mr Rowe contend the ACTU data to be unreliable and wrong.

51. In the circumstances of the explanations of Mr Eden and Mr Rowe being inextricably linked, Mr Rowe will be referred to in some detail in this document although the particular circumstances and findings in relation to his ROE permit are separately addressed in Annexure 4.

Request for Further Records

52. It was clear from the Branch response dated 26 November 2013 that a range of extant materials had been relied upon in its preparation. It was evident for example, that telephone records , emails and other information had been examined by the Operations Officer of the Branch to inform the Branch response.

53. In order to assist with the proper assessment of the Branch response, the FWC wrote to the Branch on 27 November 2013 requesting to be provided with further records including copies of all of the extant information referred to as being examined by the Branch to assist in preparing the response.

54. Examples of further information sought included the following:

• Copies of mobile phone records;

• Copies of Citylink toll records; and

• Copies of diary entries for the relevant Branch people.

55. On 11 December 2013 and on behalf of the Branch, Operations Officer Mr Mark Donohue provided a copy of what were described as 'transactions' relevant to Mr Eden's movements on 26 March 2013 which comprised his HSU mobile telephone records for that date (Annexure 3 (viii)).

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Further Branch Responses

56. On 23 December 2013 the FWC wrote to the Operations Officer of the Branch Mr Donohue requesting additional information relevant to the IT and security records of the Branch as well as specific information relevant to Mr Eden (among others). In particular, the FWC requested:

4. copies of emails between David Eden and Ms Kimberley Kitching or Ms Peggy Lee relevant to ROE ACTU applications or FVVC ROE applications;

5. emails from David Eden forwarding ACTU Course Access details to Ms Kitching;

6. emails between David Eden and Ms Peggy Lee on 26 March 2013; and

7. any computer or other record of David Eden accessing the Park Street Office of the Branch using any electronic pass in the month of March 2013.

57. On 17 February 2014 a representative of Holding Redlich provided the FVVC with materials relevant to Mr Eden.

58. In particular the materials included email, mobile phone and security system records of access times for the Branch's 208-212 Park Street office in South Melbourne.

The ACTU Data provided to the Branch

59. On 26 November 2013 the Branch provided an excel spread sheet which it had received from the ACTU and included details of all Branch applicants for the Federal ROE Course for the 2013 calendar year (Annexure 3 (xxi)).

60. On 18 December 2013 FWC staff attended at the ACTU and received additional ACTU data relevant to a number of Branch applicants including Mr Eden. The FWC received from the ACTU the following data attached as Annexure 3 (x).

• A data table which provided details of every occasion Mr Eden's ACTU ROE account had been accessed;

• A system report which provided details of the test taken for the purposes of Mr Eden's ROE course; and

• A copy of the automatically generated email provided to Mr Eden's email account upon successful completion of the ROE test.

61. One of the columns provided in the ACTU data table is headed 'IP address'. To assist the inquiries being conducted, the services of an independent forensic computer expert were engaged. Mr Scott Mann of lnvest-e-gate Pty Ltd conducted tests and inquiries and subsequently provided a report dated 17 February 2014 (Annexure 3(xii)). In that report, the issue of Internet Protocol (IP) addresses is referred to.

62. The lnvest-e-gate report sets out that the logs relating to users' log on times and activities also record the IP address that the access occurred from. An IP address is a way of uniquely identifying a device (computer, printer, router, mobile etc.) on a network or network segment.

63. The ACTU logs relevant to Mr Eden recorded the following IP addresses:

Table 1 IP addresses recorded for Mr Eden

I Date liP address

1-2,....,6,...,M....,.a-r-ch- 2-=-0-1-3---------+..-

64. Mr Mann of lnvest-e-gate performed a 'traceroute' search and confirmed that the IP add res traces back to the HSU and is associated with the HSU's domain.

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65. The lnvest-e-gate report describes that most users connecting to the ACTU Federal ROE course will be connecting via the Internet either from home or from a business premises and in that case, the IP address that is recorded in the logs with be that of the device that provides access to the Internet, usually a modem I router. The Internet Service Provider (ISP) such as Telstra Bigpond or TPG provide the address and so when the IP address is 'looked up' it resolves back to the ISP.

66. The Invest-a-gate report describes that between 4 February 2013 and 20 March 2013, the ACTU system recorded IP addresses associated with a computer in the host's environment rather than the externaiiP addresses associated with the users accessing the system. This was due to a network configuration error that occurred as a result of a migration. The report describes that when the error was identified, a patch was implemented and the system re­commenced recording and logging extemaiiP addresses. The Invest-a-gate report included that the error did not impact the accuracy of the IP addresses recorded, the IP addresses for the devices in the host's environment were correct although the error impacted the ability to record externai iP addresses for a period of time.

67. The various materials and data received from the Branch and the ACTU were analysed against the dates relevant to Mr Eden.

Evidence concerning reliability of ACTU data

68. The available materials which are directly relevant to Mr Darryn Rowe provide evidence concerning the reliability of the ACTU data and are relevant for the inquiries conducted with respect to Mr Eden.

69. The following materials which are primarily related to Mr Rowe are included here to assist in determining the reliability of the ACTU data.

18 March 2013

70. The ACTU data (Annexure 3 (x)) recorded the following information about the first occasion that Mr Rowe's ACTU account details were accessed to view the ROE training course:

Table 2 - ACTU data relevant to access to Mr Rowe's course on 18 March 2013

User full Time IP address name Action

14:15 (AEDT) Darryn Rowe course view

14:16 (AEDT) Darryn Rowe quiz view

14:17 (AEDT) Darryn Rowe course view

71 . Relevantly, the Branch's security system (Annexure 3 (xiii)) recorded Mr Rowe's attendance at the Melbourne offices at 2.05 p.m. on 18 March 2013.

72. The materials demonstrate that some nine minutes later and at a time of 2:14p.m .• Mr Rowe sent an email to Ms Lee (see Annexure 3 (xiv)) attaching his ACTU log in password.

73. The ACTU data demonstrates that one minute after Mr Rowe sent his ACTU log in password toMs Lee and at 2.15 p.m., Mr Rowe's ACTU course and quiz were accessed and viewed.

74. The materials further demonstrate that six minutes later and at 2:21 p.m. on 18 March 2013, Ms Lee sent an email to Ms Kitching attaching Mr Rowe's enrolment confirmation letter. In that email, Ms Lee included the following narrative:

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'I believe Darryn still has not completed the course as I have just logged in to the account. I have prepared the form and I just need to get his certificate. Thanks!!' (emphasis added).

75. Although the materials appear to demonstrate that Mr Rowe was physically at the Branch office in the afternoon of 18 March 2013, it is apparent that Ms Lee was the person accessing Mr Rowe's ACTU ROE account between 2.15 p.m. and 2.17 p.m. on that day.

76. An examination of the available materials indicates that Mr Rowe left the Branch at some time in the afternoon of 18 March 2013 and his mobile phone records identify calls being made in the Mount Clear area at 6:12p.m. and 9:03p.m. on 18 March 2013.

77. These available materials demonstrate two significant issues relevant to the inquiries being conducted. Firstly, it is apparent that while Mr Rowe was actually at the Branch office in the afternoon of 18 March 2013, Ms Lee accessed his ACTU account and then engaged with Ms Kitching about Mr Rowe's ACTU testing.

78. Secondly and of potentially greater significance, the relative timing of the email exchanges and access to Mr Rowe's account strongly supports the proposition that the ACTU system was operating effectively and corroborates the following statement of the lnvest-e-gate forensic computer expert (Mr Scott Mann) whose findings and report will be further referred to later in this document:

'Tests have been conducted and although these tests were lim;ted they show that the logs recorded the correct times and dates of access as well as correctly recording what was accessed.'

19 March 2013

79. A relevant email exchange on 19 March 2013 between Ms Peggy Lee of the Branch and Ms Zoe Watkins of the ACTU was identified and is attached.

80. The materials demonstrate that at 4.09 p.m. on 19 March 2013 Ms Lee sent an email to Ms Zoe Watkins of the ACTU containing the subject line 'Right of Entry Course Application' in which an application form for an applicant (Mr Tim Rowley) was attached.

81. A return email from Ms Watkins at 4.19 p.m. the same day, contained the following narrative:

' ... as far as I can tell, Darryn Rowe has not yet completed his Federal Right of Entry test'.

82. A short time later and at 4.46 p.m., Ms Lee responded toMs Watkins with the following question:

'Can I ask when Darryn Rowe has to complete his test by?'

83. Mr Rowe's ACTU course was accessed while the email exchange was occurring between Ms Lee and Ms Watkins.

84. The ACTU data recorded the following information about the second occasion that Mr Rowe's ACTU account details were accessed:

Table 3 - ACTU data relevant to access to Mr Rowe's course on 19 March 2013

16:17 (AEDT)

19 March 2013 Darryn Rowe course view

85. Analysis of Mr Rowe's Branch mobile phone records indicate that in the afternoon of 19 March 2013, he was making a range of mobile telephone calls in rural Victoria. Mr Rowe's mobile phone records demonstrate that at 3.46 p.m. he was making a mobile phone call in Minyip area and at 5.27 p.m. he was making a mobile phone call in the Horsham area.

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86. In her statement Ms Lee also indicates that she recalled accessing Mr Rowe's course details to check on its progress at some point though could not recall when .

87. These available materials demonstrate two significant issues relevant to the inquiries being conducted. Firstly, it is apparent that while Mr Rowe was in regional Victoria in the afternoon of 19 March 2013, Ms Lee accessed his ACTU account and engaged with the ACTU about Mr Rowe's ACTU testing .

88. Secondly and of potentially greater significance, the timing of the email exchange and access to Mr Rowe's account strongly supports the proposition that the ACTU system was operating effectively and corroborates the following statement of the lnvest-e-gate forensic computer expert (Mr Scott Mann) whose findings and report will be further referred to later in this document:

'Tests have been conducted and although these tests were limited they show that the logs recorded the correct times and dates of access as well as correctly recording what was accessed.'

26 March 2013- Access to Mr Eden's ACTU Training

89. The available materials demonstrate that Mr Eden was enrolled in the ACTU on line course on 22 March 2013 and the ACTU data records that the only date his account was accessed was on 26 March 2013.

90. The ACTU data records that access to Mr Eden's ACTU account commenced at AEDT 9:51 a.m. on 26 March 2013. The data indicates that the person accessing Mr Eden 's ROE account logged into the system and one minute later, at AEDT 9:52 a.m. commenced undertaking the ROE test.

91. The data records that Mr Eden's ROE test was completed by correctly answering 29 of 30 multiple choice questions to pass in a time of 21 minutes and 49 seconds. The final ROE training access time was recorded at AEDT 10:15 a.m. on 26 March 2013.

92. At AEDT 10:15 a.m. the ACTU ROE system automatically generated an email to Mr Eden's email account attaching his Certificate of Completion. The ACTU data recorded that the test was performed on a computer with the IP address 203.42.125.116. The evi Mann is that the person accessing Mr Eden's account through the IP address must have been doing so at the Branch office in South Melbourne.

93. In a letter dated 18 February 2014 (see Annexure 3 (xv)) the FWC requested the Branch to seek further advice on the status of its two known IP addresses from Telstra so as to assist the FWC to 'better understand the status of the two IP addresses'. As at the date of this report no response has been received from the Branch.

94. Mr Eden's Branch mobile phone records (Annexure 3 (viii)) demonstrate that on 26 March 2013 he made a mobile phone call at 9:13a.m. in the regional Victorian location of Maldon and at 11 :14 a.m. made a further mobile phone while in the Bendigo area. Mr Eden's phone records indicate that it was not possible for him to be making mobile phone calls in regional Victoria and to have been in the Branch office in South Melbourne performing his ROE test between 9:52 a.m. and 10:15 a.m. on 26 March 2013.

95. It is clear and is not disputed that at least until4:11 p.m. on 26 March 2013 Mr Eden was using his mobile telephone in the Bendigo area and was not in the Branch office. In any event, Mr Eden does not claim to have performed ROE training on the morning of 26 March 2013.

26 March 2013- Lodging of Mr Eden's ROE application

96. On 26 March 2013, the materials demonstrate that Ms Lee lodged the application for a ROE permit with the FWC by sending an email to the FWC at 10:39 a.m. which attached the following documents:

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1. Form F42 Application for an Entry Permit made by David Eden

2. Declaration by COM member Ms Asmar

3. Declaration by PPH Mr David Eden

4. Certificate of Achievement stating 'This is to certify that David Eden has completed the course Federal Right of Entry March 26 2013'.

97. The FWC filed those documents and allocated the file on 27 March 2013.

Further relevant evidence concerning reliability of ACTU data

98. Email records obtained in relation to another PPH, Mr Dean Sherriff support the reliability of ACTU data during the period of time relevant to this inquiry. A nexus exists between Mr Sherriff's email records and the time his account was soon thereafter accessed.

99. Mr Sherriff's email records relevantly include that on 15 February 2013 he sent an email at 2.57 p.m. in which he forwards his enrolment confirmation letter containing his ACTU username and password to Ms Kitching.

100. In the email toMs Kitching, Mr Sherriff indicated that he needed to book the training computer in order to complete the ROE test.

101. It is apparent that Mr Sherriff attached his ACTU confirmation letter and ACTU password in his email toMs Kitching at 2.57 p.m. and that the accessing of Mr Sherriff's ACTU account occurred thirteen (13) minutes later.

102. The timing of the email from Mr Sherriff toMs Kitching at 2.57 p.m. on 15 February 2013 and the access to Mr Sherriff's ACTU account thirteen (13) minutes later, is capable of supporting the proposition that the ACTU system was operating effectively and capable of corroborating the statement of the lnvest-e-gate forensic computer expert (Mr Scott Mann) whose findings were that the ACTU data is a reliable account of the times that ACTU training was accessed.

103. Due to the instances of abnormally short test times of less than 3 minutes recorded for a number of Branch applicants whose ROE tests were undertaken on 15 February 2013, and the associated claims by Branch staff that times set out in the ACTU records were not reliable , the FWC requested that the ACTU provide data concerning the remainder of applicants who were not officers or employees of the Branch and who undertook ROE testing on 15 February 2013. On 12 March 2013 the ACTU provided to the FWC the system report providing details of the test undertaken for three of the four applicants (Annexure 3 (xx)). The ACTU were unable to locate the details concerning the fourth applicant who undertook a ROE test on 15 February 2013, advising that the records for that applicant may have inadvertently been deleted.

104. The following table is based on the ACTU data and sets out three applicants who were not associated with the Branch and whose ACTU accounts were accessed on 15 February 2013.

Table 4 Access to ACTU system by non-Branch applicants on 15 February 2013

ACTU ROE Date Time Time Time taken Grade Applicant Commenced Concluded for test

Applicant 1 15 Feb 2013 0955 1038 43 mins & 7 25/30 = 83%

AEDT 1055 AEDT 1138 sees

Applicant 2 15Feb2013 1150 1250 1 hour 29/30 = 97%

AEDT 1250 AEDT 1350

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ACTU ROE Date Time Time Time taken Grade Applicant Commenced Concluded for test

Applicant 3 15 Feb 2013 0100 0152 52 mins & 2 30/30 =

AEDT 1400 AEDT 1452 sees 100%

105. The data in Table 4 demonstrates that the ACTU system was recording times of greater duration than those recorded for the Branch applicants on 15 February 2013. There is no evidence in the materials that the ACTU data as recorded on 15 February 2013 contained any errors in relation to the test duration recorded .

Relevant witness evidence

106. Inquiries conducted by the FWC relevant to the ROE permit issue include the receipt of signed statements from the following witnesses relevant to Mr Eden.

Ms Leonie Flynn

107. Ms Flynn is the current Assistant Secretary I Treasurer of the Branch. Ms Flynn lodged a statement of complaint with the FWC which, among other things, referred to her concern about what she described as 'Other employees completing Organisers' Right of Entry' tests during the 2013 calendar year. In Ms Flynn's signed statement of 4 September 2013, (Annexure 3 (xvi)) she based her concerns about ROE permits on information she had received from a then unnamed colleague.

108. Ms Flynn's then unnamed colleague was subsequently identified by the inquiry as Ms Peggy Lee. Ms Flynn stated that her colleague had heard a conversation between Ms Diana Asmar and Ms Kimberley Kitching about ROE tests and her colleague further stated that Ms Kitching later completed a number of ROE permit tests for organisers of the Union.

109. Ms Flynn's complaint was the basis for the FWC to commence inquiries into the matter. Ms Flynn's statement also referred to Mr Eden's ROE training and stated that Ms Jayne Govan advised her that Ms Kitching had sat a number of other people's ROE tests, including Mr Eden's.

110. While Ms Flynn's complaint was the basis for the FWC to commence inquiries into the matter, she did not have direct evidence relevant to Mr Eden's ROE permit application.

Mr Robert McCubbin

111. Mr McCubbin is a former long term member of the HSU Victoria No 1 Branch and in company with his partner Ms Sandy Porter, was a member of Ms Diana Asmar's election campaigns in 2009 and 2012. Following Ms Asmar's election as Secretary in December 2012, Mr McCubbin became a part of the Branch Executive team participating in Executive meetings with Ms Asmar, Ms Kitching , Mr Donohue and others although he did not become a paid employee until April 2013.

112. Mr McCubbin signed a statement on 13 September 2013 (Annexure 3 (iv)). W ithin that statement, Mr McCubbin detailed that earlier in 2013 (he suggested in about April 2013) he had a discussion with Ms Asmar during which Ms Asmar told him that Ms Kimberley Kitching had 'done her (Diana's) Right of Entry on line test'. Mr McCubbin further stated that Ms Asmar indicated she was intending instructing the rest of the staff at the industrial day that Ms Kitching would be doing the ROE tests, including his.

113. Mr McCubbin's evidence is that he later signed an application form which falsely contained a declaration that he had received appropriate ACTU training . Mr McCubbin 's evidence was that the declaration was false because it was actually Ms Kitching who had received the training and had completed the requisite ACTU testing on his behalf.

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114. Mr McCubbin's evidence is that he was aware of a number of other Branch employees who had their ROE tests completed by Ms Kimberley Kitching, and included his belief that Ms Kitching completed the ROE test for Mr Eden.

Ms Jayne Govan

115. Ms Govan is a Registered Nurse, former union delegate and former organiser for the Branch. She completed a signed statement on 16 September 2013 (Annexure 3 (v)) and described her previous long term friendship with Ms Diana Asmar. Ms Govan described the extent of that friendship as including Ms Asmar being present at the birth of her (Ms Govan's) son in 2006. Ms Govan supported Ms Asmar during her unsuccessful election campaign for the HSU Victoria No 1 Branch in 2009 and in her successful2012 election campaign. On 29 January 2013 Ms Govan commenced employment as a 'temporary organiser' at the Branch.

116. Ms Govan included that she had been present at an industrial day at the Branch office during which a number of organisers raised the issue of ROE permits and Ms Asmar advised those present that they would not be required to complete their own ROE tests because Ms Kitching would be completing the tests for organisers. Ms Govan included that while she had signed the relevant application forms and declarations and was aware she should have been doing her own ROE test, she did not actually receive the training nor did she complete the ACTU test. Ms Govan did however, later receive a ROE permit.

117. Ms Govan further included that she was able to identify with confidence a number of other people who did not do their own ACTU ROE tests including Mr David Eden.

Ms Peggy Lee

118. Ms Lee commenced employment at the Branch in 2009 as an Administration Assistant and continued in that role following Ms Asmar's election in December 2012.

119. Ms Lee made and signed a statement (Annexure 3 (ii)) on 15 January 2014 describing that very early in 2013 Ms Asmar had tasked her to administratively arrange for the obtaining of ROE permits for organisers. Subsequent to taking on that responsibility, Ms Lee commenced a range of conversations with organisers about the ROE administrative process.

120. Ms Lee subsequently became aware that Ms Asmar had instructed organisers to forward emails they had received from the ACTU containing their course access passwords to the General Manager Ms Kimberley Kitching . Ms Lee understood that the only people who could access an organiser's ACTU course and tests were:

• The individual organiser upon receipt from the ACTU of their individual course passwords;

• Ms Asmar because the ACTU copied her into their emails; and

• Ms Kimberley Kitching because Ms Asmar had instructed organisers to forwards the ACTU emails to her.

121. Ms Lee commenced leave on 13 February 2013 and on that day travelled to Hong Kong before returning to Australia on 6 March 2013.

122. Upon her return Ms Lee was provided with what she described as a 'bundle of ROE applications, Certificates of Achievement and ROE test results' by the Branch receptionist. Ms Lee states she had hoped that on her return Mr Rowe and Mr Eden's ROE tests would have been completed and later became aware that was not the case.

123. Ms Lee details that she escalated her concerns that Mr Eden had not performed his ROE test and recalled visiting Ms Kitching's office to explain that he had not performed his test, her recollection was that Ms Kitching ignored her.

124. As Mr Eden was a country staff member and not permanently in the Melbourne office Ms Lee stated she organised for Mr Eden to his sign his F42 application form for a ROE permit in

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advance so it was ready to submit to the FWC once his test was complete. Ms Lee states that she recognises her own handwriting on Mr Eden 's application form (Annexure 3 (i)) as her own because she had dated it 26 March 2013.

125. Ms Lee states that it was clear to her that Ms Asmar and Ms Kitching expected her to perform Mr Eden's ROE test and it seemed they were asking her about it every couple of days. Due to mounting stress, noting an emotion of anger from Ms Asmar at Mr Eden's test not having been completed, pressure from Ms Kitching and the resulting fears for her job security, Ms Lee states she then decided to complete Mr Eden's ROE test on his behalf.

126. Ms Lee relevantly states:

It is difficult for me describe how stressful that period was and while I can't now recall exactly when I accessed both Darryn Rowe and David Eden's ACTU accounts, I can say as a matter of certainty I completed the ROE tests for both of them. I have been shown ACTU records (Annexure 6) which indicate that Darryn Rowe's ACTU commenced after 9. 07 p.m. on the IP address of I can confirm that the IP my home computer IP address.

127. Ms Lee also states:

There were only two instances that I recall where I was required to email the

ACTU to get copies of the emails which had been sent to organisers containing their ACTU passwords. As I say above, one of these was for David Eden and the other was for Darryn Rowe.

128. Ms Lee states that the reason she did not perform both Mr Rowe and Mr Eden's ROE tests at the same time on 20 March 2013 was because the ACTU had advised her that Mr Eden had not at that time been enrolled in the course.

129. Ms Lee confirms that she performed Mr Eden's test on the morning of 26 March 2013 stating:

I have been shown the ACTU records which provide that David Eden's ACTU account was accessed commencing at 8.51 a.m. [AEDT 9.51] on 26 March 2013. I can say that I was the person accessing David Eden's ACTU course while I was at the HSU South Melbourne Branch office using the password provided in the email forwarded to me from the ACTU.

I have earlier explained that I did not want to do the test either for Darryn Rowe or David Eden but I felt I had to for the reasons I have explained.

130. Ms Lee recounts that at 10.39 a.m. on 26 March 2013, she collated Mr Eden's pre-signed application form and declaration, facilitated the COM declaration by Ms Asmar and electronically submitted the documents by email to the FWC including attaching a copy of Mr Eden's ACTU Certificate of Completion.

Ms Diana Asmar

131 . As has been detailed above, on 26 March 2013 Ms Asmar signed a declaration and endorsed an application for a ROE permit on behalf of Mr Eden which was lodged at the FWC on the same day. Ms Asmar's declaration also attested to Mr Eden having performed ROE training on 26 March 2013.

132. Ms Asmar subsequently signed a Statutory Declaration (see Annexure 3 (xvii)) dated 25 November 2013 in which she addresses allegations about ROE permits which were made by CS1 and CS2. In relation to allegations by Mr McCubbin that she told him and directed industrial staff at a meeting that Ms Kitching would perform ROE tests on behalf of industrial staff, specifically, Ms Asmar responded:

'I emphatically deny that I told Mr McCubbin, at any time, that I was going to direct industrial staff that Ms Kitching would be doing the right of entry tests, including Mr

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McCubbin's ... there is no basis for any understanding on the part of Mr McCubbin that Ms Kitching would do right of entry tests on behalf of others or that this was done to save time for industrial organisers.'

133. Relevantly in relation to Mr McCubbin's allegation that '(b)oth Diana and Kimberley gave direction to Peggy Lee to do the right of entries; Peggy Lee refused to follow their directions' Ms Asmar stated:

I do nat agree that I gave Ms Lee a direction to do right of entry tests. As stated above, I did ask Ms Lee to do all the necessary paperwork associated with arranging the tests and applying for entry permits. Ms Lee did not refuse to follow my direction.

134. In response to Mr McCubbin's allegation that 'Diana told people not to worry about specific rights and responsibilities when accessing sites and she did not seem to think there was a problem with it', Ms As mar stated:

I deny encouraging industrial organisers to disregard their specific rights and responsibilities. To the contrary, I emphasised the need for industrial organisers to undertake the training and obtain their right of entry permits. In any event, Mr McCubbin, as the lead organiser, was directly responsible for ensuring that industrial organisers acted appropriately.

135. Ms Leonie Flynn referred to Mr Eden in her statement and included the allegation that Ms Kimberley Kitching had completed ROE tests for Branch employees including Mr Eden.

136. In response Ms Asmar's Statutory Declaration stated:

Ms Flynn is alleging that Ms Govan, in a text message sent to her, alleged that Ms Kitching undertook her right of entry test. Prior to reading Ms Flynn's allegations, I had no reason to believe that, no one other than Ms Govan had undertaken the test. My response to the other claims attributed to Ms Govan is set out below.

137. Further, Ms Govan's allegations included that a number of named Branch staff, including Mr Eden had not completed his own ROE test and in response, Ms Asmar provided that:

'Prior to seeing this allegation, I had not previously heard any allegation that either I, or the other people listed, had not undertaken the right of entry testing . As stated above, I undertook my own test. As to Mr Katsis, Mr Sherriff and Mr Eden, I have every confidence that they have, indeed, undertaken their own right of entry test. As to Mr Trajcevski­Uzunov I have no reason to believe that he did not undertake the test, he has, however, ceased working for the Branch '.

138. Mr McCubbin also alleged that a number of named Branch employees, including Mr Eden had not completed their ROE tests and that 'everyone in the office knew about it. '

139. In response Ms Asmar stated:

My response in relation to myself, Mr Eden, Mr Katsis, Mr Trajcevski-Uzunov, Ms Govan and Mr McCubbin is as set out above.

In relation to Ms Saunderson, Mr Lazarevski, Mr Massa and Mr Hassan, prior to reading Mr McCubbin 's statement, I had not previously heard any allegation that they had not undertaken right of entry testing.

Mr Darryn Rowe

140. Mr Rowe provided a signed declaration which when received by the FWC was dated 21 March 2013 for the purposes of his ROE permit. In the application, Ms Diana Asmar and Mr Rowe declared that Mr Rowe had completed ROE training on 20 March 2013. As a result of that application, Mr Rowe was issued with a ROE permit on 11 April 2013.

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141 . Mr Rowe subsequently provided a Statutory Declaration dated 15 September 2013 and although he attested to having received appropriate ACTU training and completing ROE testing, did not include that he had not received that training on the date referred to in his application.

142. In the Branch response dated 26 November 2013, Mr Rowe resiled from the declaration previously submitted to the FWC as part of his ROE application and provided instructions that he had not completed his ACTU training on 20 March 2013 but rather had completed his ACTU training on 26 March 2013 having travelled to the Branch office in Melbourne simultaneously with Mr Eden for the purpose of completing his ROE test.

143. Mr Rowe provided instructions to solicitors acting for the Branch that:

• he did not agree that he did the ROE test on 20 March 2013 and that he, like Mr Eden, did his test on the evening of 26 March 2013; and

• he recalled that both he and Mr Eden attended a meeting at 2:00 p.m. on 26 March 2013 in Bendigo and following the conclusion of that meeting, they both drove to Melbourne to undertake the ROE test.

144. The Branch response provided, for the first time, an explanation for the ACTU data recording Mr Rowe's ROE account being accessed at AEDT 10.07 p.m. on 20 March 2013 and although it was not referred to in the response, the explanation also accounted for Mr Rowe making a mobile phone call in the Horsham area at 8.39 p.m. on 20 March 2013.

145. The explanation provided by the Branch response was that the ACTU system data was wrong.

146. The Branch response did not refer to Mr Rowe's Statutory Declaration of 15 September 2013 nor did it refer to the absence of any reference in that Statutory Declaration to his declaration for an ROE permit on 21 March 2013 containing incorrect information.

147. It was considered significant that the Branch response did not account for the circumstance, demonstrated by the available materials, that five days prior to the date Mr Rowe claims to have received the ACTU training, Ms Lee had already collated Mr Rowe's ROE application and electronically submitted it by email to the FWC at 9.21 a.m. on 21 March 2013 which attached the relevant documents.

148. The Branch response did not account for the absence of any electronic security system data relevant to Mr Rowe in relation to his access to or egress from the Branch office in the evening of 26 March 2013. As referred to in this document, the Branch did provide Mr Eden's explanation for the absence of any security data relating to his access by describing his manipulation of the security system.

Mr Scott Mann

149. As indicated above, to assist the FWC inquiries being conducted, the services of an independent forensic computer analyst were engaged. Mr Scott Mann of lnvest-e-gate Pty Ltd examined the operation of the Federal online ROE training course provided by the ACTU which is hosted on a Learning Management System on a platform known as Moodie.

150. The lnvest-e-gate report (Annexure 3 (xii)) dated 17 February 2014 included that Moodie is a system well known in the e-learning sector currently Used by many organisations around the world to manage their online learning and content delivery. The report included that Australian universities such as Monash and the University of New South Wales are documented users of the system.

151 . The report sets out the inquiries, tests and analysis conducted by lnvest-e-gate to review the records which had been obtained and to establish the reliability (or not) of the data.

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152. The report found that:

'The logs maintained by Moodie have a long history and this is a contiguous, contemporaneous record that is stored in a database that is backed up at regular intervals. Tests have been conducted and although these tests were limited they show that the logs recorded the correct times and dates of access as well as correctly recording what was accessed. There are numerous instances of ACTU staff accessing the system that could be corroborated to demonstrate consistent and accurate logging of events over a period of at least twelve months'.

'In some instances the log from the ACTU Moodie LM$ indicates that tests were completed in minutes. A walk-through of the Federal Right of Entry course was performed and screenshots of the pool of questions presented in this session were taken .... the log from the 'scott_ test' account provided ... contains the data regarding the time and date tests were taken and has examples of short and longer durations, these were all caused by human interaction with the system, no additional times and dates or omissions were observed in this data.'

153. The report found that the following should be taken into account when interpreting the data:

• The ACTU data does not display Victorian Australian Eastern Daylight Time (AEDT) during the daylight savings period (the period relevant to Mr Eden's access times). Therefore daylight savings should be accounted for by adding one hour to the time recorded in the ACTU data to align with the actual time the activity occurred.

• The IP addresses associated with access times between 4 February and 20 March 2013 cannot be relied upon as the location or computer that the PPH used to access the system because during that period rather than recording the IP address associated with the computer that was used to access or perform the test an IP address associated with software system's host was recorded in the data.

154. Mr Mann also undertook f n into whether the IP address that was used to perform Mr Eden's ROE test (IP was associated with the HSU. The HSU's submission dated 17 February 2014 (provided through Holding Redlich) advised that the static IP A- H SERVICES UNION OF AUSTRALIA, Business Broadband N3739523R is IP

155. On 18 February 2014 the FWC requested Mr Mann perform a 'Traceroute' search (see emails Annexure 3 (xviii)) as to whether the IP address 203.42.125.116 is associated with any known domains. By email on 18 February 2014 having performed a Mann confirmed that IP 'traces back to' the HSU IP address is associated with a known n and therefore 'is one of' the HSU's IP addresses.

Summary of witness evidence

156. Ms Flynn's evidence is consistent with Ms Peggy Lee in relation toMs Lee's communication about organisers having their ROE tests conducted by Ms Kitching.

157. Mr McCubbin stated that Mr Eden did not perform his own ROE test although the available materials do not support his allegation that it was Ms Kitching who actually completed the ROE test on behalf of Mr Eden.

158. Ms Lee's evidence is that she had carriage of various ROE permit applications, accessed Mr Eden's ROE training module, completed Mr Eden's ROE test and electronically lodged the entire application by email to the FWC at 10.39 a.m. on 26 March 2013. Ms Lee's various email exchanges with the ACTU and Ms Kimberley Kitching on 18 & 19 March 2013 during which she simultaneously accessed Mr Rowe's ACTU account strongly supports the evidence provided by the forensic computer analyst Mr Scott Mann.

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159. Ms Asmar signed Mr Eden's ROE application on 26 March 2013 declaring that he completed training on 26 March 2013. Ms Asmar's later Statutory Declaration expresses 'every confidence' that Mr Eden performed his own test.

160. Mr Mann's lnvest-e-gate report found that the ACTU data is reliable in terms of the times and dates that ROE tests were accessed and performed. Mr Mann further found that IP addresses recorded outside of the date range 4 February and 26 March 2013 have been accurately recorded in the data as the computer used to access the ROE training.

Mr Eden's account

161. As has been outlined above, the ACTU data and other materials (particularly the evidence of Ms Lee) demonstrates that Mr Eden's ROE test was conducted at AEDT 9.51 a.m. on 26 March 2013 by Ms Lee at the Branch office and his application was lodged at the FWC at 10.39 a.m. the same morning.

162. Mr Eden's account is that the ACTU data is wrong and that he simultaneously travelled to the Branch office in the late afternoon of 26 March 2013 with Mr Rowe for the specific purpose of undertaking the ROE test.

163. The materials do not demonstrate any telephone, diary or security access records which might indicate that Mr Eden attended either in the Melbourne metropolitan area or the Branch office on the 26 March 2013.

164. By the time Mr Eden attended at the FWC on 19 December 2013 to assist with a separate investigation, the Branch had been made aware that the FWC was requesting the security records to establish whether there was any record either of Mr Eden or Mr Rowe physically attending at the Branch office on 26 March 2013.

165. During a voluntary audio recorded interview on 19 December 2013, Mr Eden provided his account of the ROE issue.

166. Mr Eden described that Mr Rowe had previously attempted to access the ACTU system 'remotely' and that it would drop out. No description was provided as to what Mr Eden considered remote access to be, nor where or when he understood Mr Rowe had attempted access.

167. Mr Eden's account is that on 26 March 2013, both he and Mr Rowe attended meetings in Bendigo and that the last meeting for that day was at 2:00p.m. Mr Eden included in his account that both he and Mr Rowe had been refused entry on 26 March 2013 on the basis of not having a ROE permit and he recalls that discussed with Mr Rowe that they were getting 'knock backs' and should travel to Melbourne to complete their ROE training.

168. No evidence or further information was provided about the premises at which Mr Eden or Mr Rowe had been refused entry on 26 March 2013 or the names of any person who may been associated with those refusals. If Mr Eden or Mr Rowe were refused entry to any premises on 26 March 2013, it is assumed that evidence about any refusals can be produced.

169. Mr Eden's account is that he left the 2.00 p.m. meeting at approximately 4.30 p.m. while Mr Rowe stayed to speak with others and that he later met with Mr Rowe near Maldon at approximately 5.30 p.m. on the same day. Mr Eden's account is that during their discussion at Maldon, he and Mr Rowe reached the conclusion that from there they should attend at the Branch office in South Melbourne specifically for the purpose of using a computer at the Branch to complete the ROE tests.

170. Mr Eden's account is that in separate vehicles, he and Mr Rowe drove to the Branch office in Melbourne rather than proceeding to their respective homes in Ballarat. Mr Eden's account it that he arrived at the Branch prior to Mr Rowe.

171 . Mr Eden's account is that he and Mr Rowe had delayed completing their ROE training because they had been told that computer systems were to be fixed to enable them to perform the test remotely. He states:

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.. . we had to come to Melbourne to do our right of entry is because, as I said, everything that we got from the office had been destroyed, there was nothing . .. . We had laptops that were not much better at paper weights, so we had no remote access. I think Darren may have tried to do his remote access to do his tests on one occasion, and it just dropped out. He tried to login through his home Internet even and it just fell out, so they weren't reliable. Mine just had pop up after pop up, just all these pop ups just coming up, up up. You could type a basic document and save it, but the computers themselves were really, really corrupted, so it got to a point where, okay, this is really starting to affect us, we're going to have to bite the bullet and go back to Melbourne and do it.

172. The inquiry noted that while Mr Eden's account is that he and Mr Rowe travelled in separate vehicles from Maldon to Melbourne, no record of any mobile phone contact between them during or after the trip is evident from the materials.

173. If Mr Eden's account about attending at the Branch at some time between 6.30 p.m. and 7.30 p.m. on 26 March 2013 is true (and there are no objective materials to indicate that it is) then he had a number of options available to gain access to the Branch garage and then Branch office. Firstly and as it would be reasonably expected, he could have used his electronic key to electronically activate the roller door. If for some reason he elected not to do so, alternatively he could have used his mobile phone to contact a number of people who appear from the records to have been at the Branch office in the evening of 26 March 2013 (see security records for Ms Kimberley Kitching at Annexure 3.xiii). Additionally, Mr Eden could have contacted Mr Rowe to coordinate their access to the Branch. Each of those options would have provided a reviewable record of his attendance at the Branch.

174. Mr Eden's account is that he chose not to use his electronic key to access the garage roller door and instead he was able to physically manipulate the mechanism of the roller door to trigger its opening. The affect of this manual manipulation was that no record of access was created and explains, according to Mr Eden why there is no security record of him accessing the roller door in the evening of 26 March 2013.

175. One remarkable aspect of Mr Eden 's choice of options if it were true, is that it is the only option which could account for the absence of any security data identifying his entry to the Branch on 26 March 2013. While it does not account for the absence of any security data identifying his egress from the Branch, an alternative explanation is that the account is intentionally false and the reason for the absence of security data is that Mr Eden did not attend the Branch on 26 March 2013.

176. Mr Eden's account is that once inside the garage of the Branch, he noticed that the security access door to the Branch had been earlier 'chocked' open by a witches hat which he contends was common and allowed him to gain access to the Branch office without a requirement to use his electronic pass. It is Mr Eden's account that the affect of the security door being 'chocked' open explains why there is no security record of him accessing the Branch building in the evening of 26 March 2013.

177. The door that Mr Eden describes was left open or 'chocked' is recorded in the Branch security records as door 19 (Ground Floor Garage). Security records for the evening of 26 March 2013 provide the following access times for the Ground floor garage door:

Date Time Door User

26/03/2013 16:40 Door 19 (Ground Floor Garage) Dean Sherriff

26/03/2013 17:38 Door 19 (Ground Floor Garage) Jayne Govan

26/03/2013 18:07 Door 19 (Ground Floor Garage) Diana Asmar

26/03/2013 18:13 Door 19 (Ground Floor Garage) Kimberley Kitching

26/03/2013 23:15 Door 19 (Ground Floor Garage) Kimberley Kitching

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178. The security information confirms that around the time Mr Eden contends the ground floor garage door was 'chocked' other Branch staff were actually using their fob card to access the door. Mr Eden contends he arrived at the Branch at around 18:30 to 18:45 and that that Mr Rowe arrived later than he did. Despite Mr Eden's contention that the door had been 'chocked' open records demonstrate the door was accessed with fob swipe card access 5 times between the hours of 16:40 and 23:15 on 26 March 2013. It was noted that these ground floor garage accesses were occurring at time between late afternoon and late into the evening when it would be expected that far fewer staff would be present at the Branch.

179. It is not disputed that Branch staff had previously 'chocked' open the ground floor garage door on prior occasions. Whether it actually occurred in the late evening of 26 March 2013 with the few staff who were present electronically accessing the door is entirely another matter.

180. In any event, Mr Eden's account did not include whether or how he or Mr Rowe were able to egress either the Branch security door or the Branch roller door without any requirement to use electronic access passes.

Note: Security data later provided by the Branch (Annexure 3 (xiii)} identified that there are no security records for either Mr Eden or Mr Rowe accessing the Branch on 26 March 2013.

181. Although the Branch response of 26 November 2013 had referred to Mr Eden's recollection of being provided access to Ms Kitching's computer in the evening of 26 March 2013 to undertake his ROE test, the issue was not canvassed during his interview.

182. In summary Mr Eden contends he and Mr Rowe performed their ROE training and test in the evening of 26 March 2013 and the ACTU data which records his ROE course being accessed at AEDT 9.52 a.m. on 26 March 2013 is wrong.

Analysis of available material and evidence

183. Detailed analysis had been conducted of all the available materials and much of the analysis is referred to throughout the document.

184. The evidence is that Ms Asmar was elected to the position of Branch Secretary on 21 December 2012 and immediately commenced exercising control over every aspect of the Branch including by appointing Ms Kimberley Kitch ing as the General Manager and commencing to appoint organisers and other temporary staff. At the same time, Ms Asmar was facilitating the departure of staff who had been appointed under the previous leadership.

185. Almost immediately, Ms Asmar identified an urgent need to address ROE permit applications and appointed Ms Kitching to oversee Ms Peggy Lee to put in train a process for obtaining ROE Permits.

186. The evidence is that Ms As mar advised a number of witnesses that organisers would not be required to complete their own ROE testing and Ms Kitching would be completing the ACTU testing on their behalf. That evidence is disputed by the Branch including and in particular, by Ms Asmar and Ms Kitching.

187. The materials demonstrate that Mr Eden was enrolled in the ACTU ROE course and on 22 March 2013, both Mr Eden and Ms Lee were provided with Mr Eden's course access password.

188. The ACTU data provides that Mr Eden's ROE course was a ... ~,"B!;~ 26 March 2013 by a person using~ the IP address of evidence is that the IP address o..__is associated with

.51 a.m. on The

189. The evidence is that it was Ms Lee who accessed Mr Eden's ACTU course and completed the ROE test on his behalf. After successfully completing Mr Eden's ROE test, Ms Lee was able to obtain his Certificate of Achievement and lodge his application with the FWC.

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190. The available evidence is that Mr Eden had signed an undated ROE application form and that on 26 March 2013 Ms Lee dated that application form, attached the ROE Certificate of Completion issued by the ACTU and arranged for Ms Asmar to sign the application form and declaration before lodging the entire application form with the FWC at 10.39 a.m. on the same morning.

191. Mr Eden's account is that the ACTU data is wrong because he received the ACTU training and performed the ROE test some seven hours after Ms Lee had lodged the application and his ROE Certificate of Completion with the FWC.

192. The materials demonstrate that if either or both the ACTU data, or the account of Ms Peggy Lee are reliable, it is clear that Mr Eden's account must be an intentionally false account.

193. The inquiry has carefully considered all of the available materials including and in particular Mr Eden's account in his statutory declaration and supporting materials, the ACTU data, the witness' evidence, all of the materials collected from or provided by the Branch and the various other accounts. There is a preponderance of cogent and reliable evidence which demonstrates that Mr Eden did not receive the ACTU training and did not perform the ROE testing on 26 March 2013 which was required as part of the ACTU course. The evidence is that both Mr Eden and Ms Asmar submitted declarations to satisfy the training requirements required by the Act and that acting on that information the FWC issued Mr Eden with a ROE permit.

General proposed findings

194. As indicated above, the inquiry has carefully considered all of the available materials, including Mr Eden's account and supporting materials, the witness accounts, all of the ACTU data and each of the circumstances surrounding the applications by the Branch and the subsequent issuing of a ROE permit to Mr Eden on 15 April 2013.

195. The inquiry has identified sufficient evidence on balance to substantiate the following:

a) Branch Secretary Ms Asmar made a declaration as a COM member which was signed and dated 26 March 2013 claiming to have made proper inquiries (including inquiries of the PPH) and claiming to having reviewed the records of the organisation;

b) Ms Asmar's declaration included that the PPH had received appropriate training about the rights and responsibilities of a permit holder namely the ACTU Federal Right of Entry online training course completed 26 March 2013 and accompanied by a copy of a Certificate of Achievement issued by the ACTU to Mr Eden dated 26 March 2013;

c) Mr Eden made a declaration which was signed and dated 26 March 2013 claiming to have received appropriate training on 26 March 2013 about the rights and responsibilities of a permit holder;

d) The inquiry has determined that Mr David Eden did not receive such training on 26 March 2013 about the rights and responsibilities of a permit holder;

e) The inquiry has determined that Ms Peggy Lee received the ACTU training by accessing Mr Eden's account on 26 March 2013 and completing the relevant ROE test;

f) The inquiry has determined that Ms Peggy Lee lodged an application for a ROE permit on behalf of Mr Eden with the FWC at 10.39 a .m. on 26 March 2013 which was at least seven (7) hours prior to the time on that date Mr Eden claims to have completed his ROE test;

g) The inquiry has determined that based on the false and misleading information contained within the declarations of Ms Asmar and Mr Eden concerning Mr Eden's training, the FWC issued Mr Eden with a ROE permit on 15 April 2013;

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h) The declaration dated 26 March 2013 signed by Mr Eden contained an intentionally false and misleading statement that he had received appropriate training on 26 March 2013 because Mr Eden had not received such training;

i) The declaration by Ms Asmar contained either a reckless or an intentionally fa lse statement that Mr Rowe had 'received appropriate training' by citing the ACTU training course completed on 26 March 2013 because Mr Eden had not received such training.

j) The account subsequently provided by Mr Eden as to completing is ROE t raining and testing on 26 March 2013 is intentionally false and misleading because he did not receive such training and testing on 26 March 2013.

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MERCOVICH, Elizabeth

From: Sent: To: Subject: Attachments:

Peggy Lee [Peggy.Lee@hsuvic.asn.au] Tuesday, 26 March 2013 10:39 AM Orgs Right of entry application Form F42.pdf

Dear Delegate of Fair Work Commission,

Please find enclosed the Form F42- application for an entry permit for Mr David Eden.

Should you have any problems regarding the above application, please contact me on 9341 3352.

Kind Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: {03) 9341 3352 fax:(03) 9341 3334 email: peqqy. lee@hsuvic. asn. au

~Please consider the environment before printing this email

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Form F42 Application for an Entry Permit

IN FAIR WORK AUSTRALIA FW A use only

FWA Matter No.:

APPLICATION FOR AN ENTRY PERMIT Fair Work Act 2009- s.5l2

Applicant (organisation or branch)

Organisation:

Branch:

Address:

Suburb:

Contact person:

Telephone:

Health Services Union

Victoria No. 1 Branch

208-212 Park Street

South Melbourne

Peggy Lee

State:

(03) 9341 33 52 Mobile:

VIC Postcode: 3205

Fax: (03) 9341 3334 Email: peggy.lee@hsuvic.asn.au

1. The Applicant is: [X ] registered under the Fair Work (Registered Organisations) Act 2009;

[ ] transitionally recognised under Schedule l to the Fair Work (Registered Organisations) Act 2009;

[ ] a State-registered association recognised under Schedule 2 to the Fair Work (Registered Organisations) Act 2009.

2. Application is made pursuant to s.512 of the Act for the issue of an entry permit to the following person:

Name: David Eden

The proposed permit holder is: [X] an Office Holder [ ] an Employee

President Office or Position held:

Committee of management member making application:

,.4 / "/ '1..../ c Date: ,;__ C7 ? 1-' ..->

Signature: ~ Name:

Capacity/Position:

Diana Asmar

Secretary

Declaration by member of committee of management

I, Diana Asmar

Of 208-212 Park Street South Melbourne VIC 3205

Health Services Union Victoria No. I Branch

316

Declare That, having made proper inquiries (including inquiries of the proposed permit holder) and having reviewed the records of the organisation, declare that the proposed permit holder is a fit and proper person to hold a right of entry permit in that, to the best of my knowledge and belief, the proposed permit holder:

(a) has received appropriate training about the rights and responsibilities of a permit holder, namely: The ACTU Federal Right of Entry online training course completed on 26 March 2013. (Please see Attachment I)

(b) has never been convicted of an offence against an industrial law;

(c) has never been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

(i) entry onto premises; or

(ii) fraud or dishonesty; or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

[Nore: s.513(2) has the effect that certain offences need not be disclosed.]

(d) has never been ordered to pay a penalty under thi s Act or any other industrial Jaw in relation to action taken by the official nor has any other person been ordered to pay a penalty in respect of such action;

(e) has not had revoked, suspended or been made subject to conditions, any permit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force);

(f) has not had cancelled, suspended or had imposed conditions on a right of entry for industrial or occupational health and safety (OHS) purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) has not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OI-IS law. from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that Jaw.

Date: t 6-/~( / ~ Signature: ~ Name:

Capacity!Position:

DianaAsmar

Secretary

Note: Adjust declarations as appropriate to reflect the facts.

Declaration by proposed permit holder

I,

317

David Eden

Of 208-212 Park Street South Melbourne VTC 3205

Health Services Union Victoria No. I Branch

Declare That:

Date:

(a) I have received the training about the rights and responsibi lities of a penn it holder referred to in the declaration above;

(b) l have never been convicted of an offence agai nst an industrial law;

(c) I have never been convicted of an offence against a Jaw of the Commonwealth, a State, a Territory or a foreign country, involving:

(i) entry onto premises; or

(i i) fraud or dishonesty; or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

(d) I have never been ordered to pay a penalty under this Act or any other industrial law in relation to my action nor has any other person been ordered to pay a penalty in respect of such action;

(e) I have not had revoked, suspended or been made subject to conditions, any pennit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force);

(f) I have not had cancelled, suspended or had imposed conditions on a right of entry for industrial or occupational health and safely purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) I have not been disqualifi ed , by any court, or other person or body, under a State or Territory industrial law or an OHS law, from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law.

J..t / 51 ~l)

Signature: ~-Name: David Eden

Capacity/Position: President

Note: Adjust declarations as appropriate to reflect the facts.

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Attachment 1

organising centre the union education foundation

CERTIFICATE of ACHIEVEMENT

This is to certify that

David Eden

has completed the course

Federal Right of Entry

March 26, 2013

approved training

FAIR WORK ACT 2009

Jennifer Evans, Director

Certificate Number A8RLSY449i

ACTU E'ducatlan In(. !lad ing as ACTU Ore;~nlsine, Education and C~mpoign Centre 365 Queen Street Mclboume VIC 3000 ABN: 88 219 345185 RTO Code: 41~1 PHONE: 03 9664 7360 FAX: 03 9670 0 837 EMAIL: orgctntre~actu .ors.au WEB: www.actu.oru.au/orecentre

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Lee Pik ki (Peggy)

States:

1. My name is Peggy Lee and I am currently employed in a role and by an

employer known to the Fair Work Commission.

2. I was previously employed as an Industrial Agreements Officer with the

Victoria No 1 Branch (the Branch) of the Health Services Union (HSU).

3. I would like to commence this statement by putting some things into context.

Firstly, I consider myself to be an honest person and consequently the facts and events

that I will set out in this statement will be absolutely truthful to the best of my

memory and ability.

4. I make this statement understanding that nothing I say in it can be used in any

proceedings against me. I also understand however, that there would be very serious

implications for me if I were to include something in this statement that I knew to be

false or that I did not know to be true. I understand I do not have to make this

statement but I am aware that if the Fair Work Commission (FWC) was to have

exercised compulsory powers under the Fair Work Act 2009 to require information

from me, then that would have resulted in the same outcome. The reason I point this

out is that I will be including in this statement that because of the pressure I felt I was

under while at the Branch, I actually completed Right of Entry Tests for other people

knowing that it was wrong to do so.

5. I would also point out that while I am willing to make this statement, I was

approached by the FWC and requested to provide information and make this

statement and not the other way around.

6. When I initially found out that the FWC wanted to speak to me about this

matter, I was in Hong Kong on holidays. When I was eventually contacted by the

FWC I made it clear that while I was willing to tell the truth, I did not want to make a

statement because I was concerned about the repercussions of doing so ifthe HSU

was to become aware I had made a statement.

PL '~

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7. I continue to be anxious and concerned about making this statement because I

will be explaining things that other people from the Branch have done and I am

concerned about the repercussions from that. I have a new job and have moved on

from the HSU and so it is stressful for me to be providing this information and

making this statement.

8. One of the main reasons that I am willing to make this statement is that I have

thought about it and I understand it is the right thing to do even if it is stressful for me.

I have already verbally told the FWC about the things that occurred with Right of

Entry tests at the HSU and so this is a way of formally putting what I have said in

writing. I will be relying on my memory for some the details in this statement as well

as the dates recorded in emails and tests.

Background

9. I was originally employed at the HSU in 2009 as an Administration Assistant.

10. I was at the HSU in 2012 prior to the elections which occurred to re-constitute

the Branch. Although I assisted in the election campaign for a ticket run by Marco

Bolano in my own time in 2012, I did not perform any of that assistance during work

time.

11 . After the elections of 2012, Diana Asmar was elected as the Secretary and

Leonie Flynn was elected as the Assistant Secretary Treasurer.

12. At the end of December 2012 and in January 2013, a lot of the staff who had

been at the HSU for some time were leaving the Branch.

13. Although I am not sure about, I think it was because that I was not considered

to be part of the previous leadership and that I had knowledge about the operations of

the Union that I was able to continue in my role as an Industrial Assistant.

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January 2013

14. From January 2013 I continued in my role as the Industrial Assistant.

I 5. Very early in 2013, Diana asked me to arrange for the obtaining of Right of

Entry (ROE) permits for organisers. The reason Diana asked me to take on this role

was partly because I was the Industrial Assistant, 1 had previously kept the folder for

Right of Entry Permits and I was one of a few people who knew how to deal with

Right of Entry Permits.

16. Based on my previous experience I explained to Diana that applicants were

required to complete the ACTU ROE course and then lodge an application with the

Fair Work Commission (FWC) for approval. It has been explained to me that Ms

Asmar has suggested that I told her that the previous leadership had allowed

organisers taking right of entry tests to have a list of answers for the test. I can say

that as far as I know, organisers did not have answers to the ROE tests and I did not

tell Diana that they did.

17. Diana told me that I was to be the person responsible for the administrative

process involved in collating forms and information and processing ROE applications.

I was the contact person for contact between the Branch and the ACTU, including

follow up inquiries, ensuring that Branch applicants and the Secretary signed the

appropriate forms and general administration of the process.

18. After Diana had instructed me to be responsible for the ROE process, I

commenced having a range of conversations with the organisers about the ROE

processes and commenced obtaining and collating the forms required for Diana and

the organisers to enrol in the ACfU course.

PL 3

322

Diana Asmar's ROE application

19. Diana Asmar was the first person to enrol in the ACTU ROE course for 20 13.

I was responsible for forwarding the application forms to the ACTU.

20. I recall very early in 2013 that Diana asked me what had happened to her

application because she needed her ROE Permit urgently to attend an employers site.

I recall telling Diana that she needed to do the actual ACTU test so that I could

process the correct forms to the FWC and Diana seemed to understand that.

21. I recall that it was soon after that conversation I received Diana's Certificate

of Completion and I recall processing it as an 'urgent' request to the FWC. Within a

couple of days of me sending the ROE documents to the FWC by email, Diana's ROE

permit was issued and returned.

22. I am not able to say whether Diana completed her own ROE test as I was only

involved in the administration of the forms.

23. I recall that after Diana had received her ROE permit, we were at an Industrial

meeting and it was obvious that Diana was very pleased about having her permit and

she was making the point that she was the first person at the Branch to have a ROE

permit issued. I recall at the meeting Diana was saying something about organisers

needing to get their permits as soon as possible.

Organisers ROE Tests

24. As I have indicated above, I had a range of conversations with the various

organisers and advised them during those conversations that an application firstly had

to be made to the ACTU to enrol in the ROE course and that the organisers would

then receive an email from the ACTU which would contain their log in details and

passwords. I explained to the various organisers that they would then have time to

access the course on line and complete the required test in their own time.

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25. I actually advised the organisers that with the information provided by the

ACTU in the course, the test was very easy and I assured each of them they would be

able to do it. I advised the organisers that after they had done their on-line tests, they

would receive their Certificate of Completion which they could forward to me so I

could continue with the next step in the process.

26. After I had advised the organisers about all of the steps involved in enrolling

in the ACTU course, completing the tests and forwarding me the Certificates of

Completion, I recall collating and submitting to the ACTU various application forms.

I recall forwarding some emails to the Finance person Kerry Georgiev so she could

expect the invoices for payment of the courses.

27. Once a number of organisers like Jayne Govan, Steve Mitchell, Dean Sherriff

and others had been enrolled in the ACTU course, as far as I was concerned, it was a

matter of me waiting for their Certificates of Completion to be forwarded to me so I

could continue with the next steps in the process.

28. l recall that a couple of weeks went by and I was asked by Diana what had

happened to the ROE applications. I told Diana that I was waiting for and had not

received any of the test results or in other words, the Certificates of Completion sol

could continue with the process.

29. It was after that conversation that I became aware that Diana asked the

organisers to forward the emails they had received from the ACTU containing their

course access passwords to Kimberley Kitching. Because the organisers then started

forwarding their ACTU emails with course access passwords to Kimberley, that

meant that the people who could access an organiser's ACTU course and tests were:

• The individual organiser;

• Diana Asmar because the ACTU copied Diana into their return emails; and

• Kimberley Kitching because Diana had told the organisers to forward the

ACTU emails to Kimberley.

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30. As far as I know, other people could not access an organiser's ACTU course

and on-line test without the password. Diana had not issued an instruction to the

organisers to forward their ACTU emails containing their passwords to me so I didn't

have access to them.

31. There were two occasions that I needed to get a copy of organisers Certificates

of Completion. At one point I needed David Eden's Certificate of Completion to

complete the administration of his application and in order to get a copy I emailed

Kimberley Kitching asking her for a copy. I will refer to the email I sent Kimberley

and the reply I received later in my statement. There was a further occasion when I

needed to get a copy of Darryn Rowe's Certificate of Completion and I emailed the

ACTU asking for his password so I could access the system to get a copy.

32. There were only two instances that I recall where I was required to email the

ACTU to get copies of the em ails which had been sent to organisers containing their

ACTU passwords. As I say above, one of these was for David Eden and the other

was for Darryn Rowe. I will explain these in further detail later in my statement.

33. As far as I know then, apart from the individual organiser, it was only Diana

and Kimberley who could access all of the organisers ACTU ROE accounts.

34. I recall that it was around the time that Diana told the organisers to forward

their ACTU emails to Kimberley that Diana kept asking me about the ROE tests.

Diana later started to get very angry that the tests hadn' t been done. I recall her

telling me that the organisers needed the ROE permits and I recall Diana mentioning

the names of Dean Sherriff, Rob McCubbin and Nick Katsis as being people who

needed permits. I told Diana that the organisers hadn't done their tests.

35. I also recall on one occasion having a conversation with Diana while we were

in a corridor of the branch. During a conversation about ROE permits, Diana directly

said to me 'Could you do the tests?' Diana was asking me to do the actual ROE tests

for organisers which was something I knew was wrong and my response to her was

'No.'

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36. I recall that Rob McCubbin was nearby to us at the time and Rob said

something about the organisers not having to do the tests themselves and I also replied

directly to Rob by saying 'No.' By saying 'No' to Rob, I was making it clear that as

far as I was concerned, the organisers would have to do their own tests and after that I

just walked away.

37. After that I was about to go on leave and I recall that before I did I forwarded

all of the ROE application forms to Kimberley Kitching. My emails forwarding the

ROE applications to Kimberley will be in the HSU system somewhere. I was hoping

that all of the permits would have been completed by the time I got back from my

leave.

38. I started my leave on 13 February 2013 and flew to Hong Kong on that day.

visited my family in Hong Kong and I returned to Australia on 6 March 2013.

39. While I was holidays in Hong Kong between 13 February 2013 and 6 March

2013, I can say as a matter of certainty that I did not access the ACTU on line system

or have anything to do with ROE permits.

40. I returned to work at the Branch in early March 2013.

41. When I did return to work, I recall having a conversation with a colleague

Alex Leszczynski who advised me that he had heard that I was going to be sacked and

replaced in my role. That caused me a lot of stress.

Bundle of Applications, Permits and test results.

42. A few days after I returned from my leave, the receptionist Jeanine handed me

a bundle of ROE applications, Certificates of Achievement and ROE test results

setting out the applicants scores and she said that she had no idea what to do with the

forms. I am not sure ifl remember all of them, but I remember some ofthe people

the forms were for including Dean Sherriff, Nick Katsis, Rob McCubbin and Jayne

Govan.

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43. Jeanine didn't seem to have knowledge or understanding of the ROE

requirements or processes and she asked me if I could take the forms and do whatever

needed to be done with them. I remember Jeanine was holding the forms and she was

saying 'they asked me to do this, and I have no idea what to do with them'. I just said

'put them on my desk and I will deal with them'.

Conversation with Kimberley Kitching

44. I remember being very disappointed about having to deal with this bundle of

permits because I was hoping that this whole permit issue would have been resolved

by the time l got back from leave. l recall later taking the bundle of applications,

Certificates and test results into Kimberley Kitching's office and I recall discussing

the permit issue with Kimberley.

45. During the conversation, Kimberley started telling me how she had completed

ROE tests for the organisers. I think it was during this conversation that Kimberley

told me she had failed the first ROE test and didn't get more than about 70% or

something like that. As the conversation went on, Kimberley got very excited as she

told me how she became very familiar with the sections of the Act that were about

ROE tests and she was excited to have achieved 100% in some ofthe tests she had

completed. I am certain about Kimberley telling me these things but I am not 1 00%

certain that she told me all of these things in the same conversation. This is because

we had more than one conversation in which Kimberley talked about her doing ROE

tests for organisers.

46. It was clear that Kimberley was talking about having done the ROE tests for

the organisers whose forms were in the bundle of documents Jeanine had handed to

me and which I took into Kimberley's office. These organisers included Dean

Sherriff, Nick Katsis, Rob McCubbin and Jayne Govan because as I said earlier, these

were some of the people who 1 recall the forms were for.

47. After I left Kimberley's office, I remember that a colleague Alex Leszczynski

happened to be looking at the ROE forms on my desk and noted that Dean Sherrifrs

form was on top of the pile. Alex had an issue with Dean's ROE application and went

327

and spoke to Kimberley about it. The issue had something to do with some type of

conviction Dean was supposed to have had which 1 don't think was declared in his

application. Alex went into Kimberley's office and spoke to Kimberley about the

issue but didn't seem to get anywhere.

48. lt was around this period that I started to really feel the pressure from Diana

wanting me to do the ROE entry tests for organisers. I was hoping that David Eden

and Darryn Rowe may have done their own ROE tests while I was on leave although I

became aware they hadn't been completed.

49. I recall at one point I was collating the ROE forms for Darryn and David and I

noticed their Certificates of Completion weren't attached. I remember sending an

email to Kimberley Kitching dated 12 March 2013 in which I asked Kimberley to

send me David Eden's certificate of completion. Kimberley responded by telling me

she was on a leave day and also telling me to ask David for his log-on details for the

ACTU course which would allow me to print out the certificate if he had already done

his test. A copy of the email l sent to Kimberley on 12 March 2013 is attached to this

statement as Annexure 1.

50. I continued to process the application forms for the organisers to be issued

with ROE permits by the FWC. I sent an email to a number of organisers on 15

March 2013 confirming that I had lodged their permit applications with the FWC.

The organisers I had sent the email to were the people whose forms I had received

from Jeanine which I had taken to Kimberley Kitching. Those organisers included:

• Jayne Govan;

• Sacha Trajcevski ;

• Dean Sherriff;

• Lee Atkinson; and

• Steven Mitchell.

51. I copied both Kimberley Kitching and Diana Asmar into that email. I am not

sure why I didn't include Rob McCubbin in that email but I do recall that I couldn't

328

get Nick Katsis to sign his form for a few days so I forwarded his application a few

days later. A copy of the email I sent to the people listed above is also attached to this

statement at Annexure 2.

52. I remember that it was still an issue that David Eden and Darryn Rowe had not

done their ROE tests and I recall again going to Kimberley's office and telling her

about it. I remember Kimberley ignored me as I stood at her doorway explaining to

her that the tests hadn't been done. Kimberley was normally nice to me but I recall at

that time she seemed to ignore me and I was disappointed with that.

53. David Eden and Darryn Rowe were country organisers and seemed to spend a

lot of time doing things together. They seemed to share the same email account at

times and there were times when if I couldn't get in contact with David Eden, I would

email Darryn Rowe and David would find out through Darryn that I was wanting to

contact him.

54. Because they were country organisers, Darryn and David were not in the

Branch office all the time so when they were in the office, I got them to sign the F42

Application for Permit forms although they did not date them. The reason I got them

both to sign the forms before they had done the tests was so that I could have signed

forms ready to process once their tests had been done and I could access a copy of

their Certificates of Completion.

55. Both Darryn Rowe and David Eden's F42 Applications for Permit are also

attached to this statement. I recognise my handwriting as writing the date of 21

March 2013 above Darryn Rowe's signature in the declaration. Diana Asmar has also

signed the F42 Application for Permit of Darryn Rowe although Diana actually dated

the form herself. The Form F42 for Darren Rowe is marked as Annexure 3. I also

recognise my handwriting as writing the date of26 March 2013 above David Eden's

signature on his Form F42 and Diana dated the form 26 March 2013. Form F42 for

David Eden is marked as Annexure 4.

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Darryn Rowe's ACTU test

56. It became very clear that Diana and by this time also Kimberley both expected

that I would do the tests for David Eden and Darryn Rowe. I knew this because they

seemed to be asking me every couple of days about the tests and 1 kept delaying

because I knew it would have been wrong for me to do the tests for other people and I

didn't want to do them.

57. I continued to be aware that Darren Rowe and David Eden hadn't done their

tests. I am not sure exactly when but I recall that I accessed Darryn's course details

and it was clear he hadn't done his test.

58. I have seen an email which I sent to the ACTU Organising Centre at 4.09 p.m

on 19 March 2013 about Tim Rowley's ACTU application. When Zoe Watkins

(Reception & Course Administrator for the ACTU) responded to my email about Tim

Rowley, she included that she had looked in their system and could not find 'a David

Eden at all'. In her return email, Zoe asked when David had registered for the course

and she also indicated that as far as she knew, Darryn Rowe had not yet completed his

Federal Right of Entry test. The email I sent to the ACTU Organising Centre at 4.09

p.m. on 19 March 20013 with the conversation I refer to above is also attached to this

statement as Annexure 5.

59. I have seen the ACTU records which show that Darryn' s ACTU course was

accessed on 18 March 2013 and 19 March 2013 from an IP address which I assume

belongs to the South Melbourne office address of the Branch. The ACTU records I

have seen are also attached to this statement as Annexure 6.

60. 1 can' t specifically remember when, but I do remember accessing Darryn' s

course details to check the ACTU account as to whether Darryn had done his own

ROE test and my access would have confirmed that Darren had not. This was a time

of significant stress for me because Diana had been angry that the tests had not been

done and Kimberley had been constantly asking me about them.

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61. l was under further stress because Alex Leszczynski was a person who had

provided me with some support and he had resigned from the Branch by this stage.

The other person who I had considered to be a support person, Hazel had also gone o r

was in the process of leaving the Branch at around this time.

62. Even more significantly l was working at the HSU on a sponsored visa and I

felt that l was under immense pressure to keep my job at the Branch because there

was a risk that ifi didn' t keep my job, I might have had to leave Australia. Because

of how angry Diana had been and the pressure I felt from Kimberley, I felt that if I did

not complete the ROE tests for Darren Rowe and David Eden that I might be fired and

my visa would immediately be at risk.

63. I knew it was wrong for me to do it but I decided I had to do the ROE tests for

Darryn Rowe and David Eden.

64. It is difficult for me describe how stressful that period was and while I can't

now recall exactly when l accessed both Danyn Rowe and David Eden's ACTU

accounts, l can say as a matter of certainty 1 completed the ROE tests for both of them.

I have been shown ACTU records (Annexure 6) which indicate that Darryn Rowe's

ACTU test was commenced after 9.07 p.m. on 20 March 2013 using the IP address of

65. l can confirm that the IP my home computer IP

address. On 19 OtX:ember 2013 I received advice from the FWC that if I brought up

the Google site and typed in 'What is my IP' then Google provides the IP address of

the account which is asking the question. When I did this, I received confinnatory

advice that~as my IP address.

66. I can confirm that the reason the ACTU data provides that my IP address was

the lP address used to complete Darren Rowe's ROE test is b~use I completed that

test from my home address in the evening of20 March 2013 after accessing Darren

Rowe's ACTU account.

12

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67. Thinking back about it now, I remember being disappointed that not only had I

have done something wrong by completing Darryn's ROE test, I also had to do it in

my own time on my own computer.

68. As I have said above, I already had a fonn F42 Application for Permit signed

by Darryn Rowe and the next day, being 21 March 2013, l collated the fonns and

documents re.quired to submit Darren's application to the FWC. I got Diana to sign

the fonn and she dated it 21 March 2013.

69. I submitted the required forms by email to the FWC, including Darren's

Certificate of Completion.

70. At 9.21 a.m. on the same day, I sent an email with the Form F42 with the

Certificate of Completion attached to the FWC. A copy of that email is attached to

this statement as Annexure 7.

71. Darryn's ROE permit was forwarded a few weeks later.

David Eden's ACTU test

72. As I have said earlier, I can say that as a matter of certainty, I also completed

David Eden's ROE test.

73. There was a problem with David Eden's enrolment with the ACTU course and

I have referred above to an email which I sent to the ACTU Organising Centre at 4.09

p.m on 19 March 2013 about Tim Rowley's ACTU application (Annexure 5). When

Zoe Watkins (Reception & Course Administrator for the ACTU) responded to my

email about Tim Rowley, she included that she had looked in their system and could

not find 'a David Eden at all'. In her retum email, Zoe asked when David had

registered. I have been shown the ACTU data which indicates that David Eden was

enrolled for the ACTU course on 22 March 2013.

74. This problem with the ACTU not having a record of David Eden's earlier

enrolment explains why l did not complete both Darryn Rowe's and David Eden's

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ROE test at the same time. When I did Darryn Rowe's ROE test on 20 March 2013,

the ACTU didn't have a record of David Eden being enrolled at that time. I was able

to obtain both Darryn Rowe's and David Eden's passwords from the ACTU.

75. To explain this further, I had originally sent an email to David Eden on 16

January 2013 attaching a ROE course application form with some advice about doing

the course. I sent a follow up email to David Eden on 19 March 2013 at 5.09 p.m.

attaching the previous email from 16 January 2013. I typed in the words 'Hi David?'

with the intention that David would read the original email from 16 January 2013

which was below my words 'Hi David?' and respond. I sent this email to David in

the hope that David might have done the ROE test himself. The email I sent on 16

January 2013 with the follow up email on 19 March 2013 are attached to this

statement as Annexure 8.

76. I have been shown the ACTU records which provide that David Eden's ACTU

account was accessed commencing at 8.51 a.m. on 26 March 2013. I can say that I

was the person accessing David Eden's ACTU course while I was at the HSU South

Melbourne Branch office using the password provided in the email forwarded to me

from the ACTU.

77. I have earlier explained that I did not want to do the test either for Darryn

Rowe or David Eden but I felt I had to for the reasons I have explained.

78. After I had completed the ROE test for David Eden which commenced at 8.51

a.m. on 26 March 2013, I collated the required forms.

79. David had previously signed the fonn F42 and so it was again a matter of me

printing out his Certificate of Completion and writing in the date of26/3/2013 above

his signature. I also arranged for Diana to sign and date her part of the application on

21 March 2013.

80. At 10.39 a.m. on 26 March 2013 I sent an email to the FWC attaching the

form F42 with signed declarations by both Diana Asmar and David Eden and

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containing David Eden's Certificate of Completion. The email I sent to the FWC is

attached to this statement as Annexure 9.

81 . I can say as a matter of certainty that the ROE tests for Darryn Rowe and

David Eden are the only two ROE tests I have completed for people at the Branch.

82. After I had completed the ROE tests referred to above I felt so bad about

doing them that I wasn't going to do any more. I recall being in an office with Mark

Donohue and Diana Asmar during which Mark was insisting to Diana that organisers

should be doing their own ROE tests. It seemed to me that Mark was aware that other

organisers had not been doing their own ROE tests because he was insisting that the

new organisers should do their own tests.

83. I do know that some of the other organisers actually did their own ROE tests

and I continued to participate in the administration process by collating the documents,

getting them signed and forwarding them to the FWC.

My Resignation

84. I can't recall exactly when but I do recall talking to the Assistant Secretary -

Treasurer Leonie Flynn about some of the things that had gone on with ROE tests

including that organisers had not been doing their own ROE tests. 1 also mentioned to

Leonie that although I was telling her about the ROE tests, I did not want Diana or

anyone else to find out I had told her about them because I knew that I would be

targeted because of it.

85. I found out later that Leonie had made a formal complaint about things she

considered had been done to her and Leonie had included my name in the letter as

having told her about ROE permits.

86. I received an email from Diana Asmar on 8 August 2013 containing

allegations about me being involved in the election campaign during work time which

were not true.

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87. I responded to Diana with the truth and that was that I had not been involved

in any of the election politics nor been involved in any campaigning during work time

and Diana provided me with an email accepting my explanation.

88. As if I had not been under enough stress by doing the ROE permits, this was

even worse because although I had not been involved in any of the politics around the

elections in the way that Diana had alleged, they (Diana and Kimberley) had found

out I had told Leonie about the ROE permits and felt sure I would now be targeted.

89. I felt under so much stress that I felt physically ill and I visited a doctor about

my stress and anxiety. This was because it was clear to me that I would be targeted

for telling Leonie about organisers not doing their own ROE permits and Leonie had

included that in her complaint to the FWC. I attended a doctor and in fact because I

had become i1l though the stress, I had to take 6 weeks off work.

90. Leonie later told me that she had re-submitted her letter of complaint to the

FWC by removing my name but by then it was too late because Diana and Kimberley

had already found out about Leonie's original letter of complaint with my name in it.

91. I had not been involved in any of the politics before Diana became the

Secretary and I didn't want to get involved in them so I decided I could not stay at the

Branch. There was obviously a breakdown in trust between Diana and I could not

work at the Branch where the Secretary didn't trust me so I resigned. My resignation

was effective from September 2013.

92. I did not tell Leonie about being targeted or about the real reason I resigned

until after I had been contacted by the FWC. The reason for that was because I knew

Leonie was having a difficult time with the issues going on at the Branch and I didn't

want her to feel worse knowing that I had resigned because she had put my name in

her letter of complaint and I was targeted because of that.

Signed

~~ Peggy Lee

:."~~~:~ An Australian legal Practilioner [WI tiM I he meaning or I he Legal Profession Act 2004} evel 22. 114 Wrl/iam Sr. Melbourne Vic 3000 16

\)L ~

335

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Re: David's right of entry course certificate

Relayed : Form FlO

Delivered: Form FlO

Hi! Can you ask David Eden for his log-on details for the ACTU course? That should then allow you to print out the certificate. Thank you, Kimberley Ps I'm on leave just for today Sent from my iPhone On 12/03/2013, at 10:35 AM, "Peggy lee" <Peggy.Lee@hsuvic.asn.au> wrote:

Hi Kimberley,

Could you please send me David Eden' s certificate of completion for the right of entry course? Thanks.

Kind Regards, Peggy

<image001.png> Peggy lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 93413352 fax:(03) 9341 3334 email: peggy.lee@hsuvic.asn.au P Please consider the environment before printing this email

Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: nicky.mccormick@dhsv.org.au (nicky.mccormick@dhsv.org.au) <mailto:nicky.mccormick@dhsv.org.au> Subject: Form FlO

Kimberley Kitching

Microsoft Outlook

Your message has been delivered to the following recipients: Microsoft Dean Sherriff (Dean.Sherriff@hsuvic.asn.au) <mailto:Dean.Sherriff@hsuvic.asn.au> Outlook Subject: Form FlO

337

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RE: Entry permit

Thanks regards Mitch ·

From: Peggy Lee Sent: Friday, 22 March 2013 5:29 PM To: Steven Mitchell Subject: RE: Entry permit

Hi Mitch,

No. In my call with the FWC last time, I was told they are dealing with their backlog at the moment. The delegates who used to come down to the Melbourne Office twice to sign off the applications have changed to visit the office once a week only. They only come down on Thursday or Friday. I am not sure how many applications they approve each time. So it does stow down the process.

Regards, Peggy

From: Steven Mitchell Sent: Friday, 22 March 2013 3:18 PM

To: Peggy Lee Subject: RE: Entry permit

Hi Peggy, Any word on the permits yet?

Regards Mitch

From: Peggy Lee Sent: Friday, 15 March 2013 11:30 AM To : Jayne Govan; Sacha Trajcevski; Dean Sherriff; Lee Atkinson; Steven Mitchell Cc: Kimberley Kitching; Diana Asmar Subject : Entry permit Hi All,

Your entry permit application has been lodged with FWC. It will usually take a couple of days for the Delegate of FWC to approve the applications. Once I receive

the permit, I will let you know.

Please keep the Original copy with you as it is the legislation under the Act that the permit holder should show the original permit if it is requested by the employer. Please don't lose it and keep it in a nice folder!

If you have any questions, please let me know. Thanks.

Kind Regards, Peggy

Steven Mi

338

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Form F42 Application for an Entry Permit

IN FAIR WORK AUSTRALIA

APPLICATION FOR AN ENTRV PERMIT Fair Work Act 2009- s.512

Organisation:

Branch:

Address:

Suburb:

Contact person:

Telephone:

llealth Services Union

Victoria No. I Branch

208-212 Park Street

South Mclboume

Peggy Lee

Stntc:

Mohilc:

VIC Postcotlc: 3205

F:•x:

(03) 9341 3352

(03) 9341 3334 Email: pcggy.lee@ hsuvic .asn.au

1. The Applicnnt is: [X) registered under the Fair Work (Registered Organisations) !lei 2009;

[ ) transitionally recognised under Schedule I to Lhc Fair Work (Registered Organisations) Ac1 2009;

[ } a State-registered association recognised under ScheCfule 2 io the Foir Work (Registered Organisations) Act 2009.

2. . Application is made pursuant to s.512 of the Act for the issue of an entry permit to the following person:

Name: Darryn Rowe

The proposed permit holder is:

Office or Position held:

[ ] an OCftcc Holder [ X) an Employee

Organiscr

Committee of management member making application:

Date: 'JI ~S :;/_] Signature: ~ Name: Diana Asmar

Capacity/Position: Secretary

Declaration by member of committee of management

1, Diana Asmar

Of 208-212 Park Street South Melbourne VIC 3205

Health Services Union Victoria No. 1 Branch \)L

~01J''( Lf&,

339

(

Declare That, having made proper inquiries (including inquiries of the proposed penn it holder) and having reviewed the records of the organisation, declare that the proposed pennit holder is a fit and proper person to hold a right of entry permit in that, to the best of my knowledge and belief, the proposed permit holder:

(a) has received appropriate lraining about the rights and responsibilities of a permit holder, namely: The ACTU Federal Right of Entry online training course completed on 20 March 20 I J. (Pitase st:e Attachment 1)

(b) has never been convicted of an offence against an industrial law;

(c) has never been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

(i) entry onto premises; or

(ii) fraud or dishonesty~ or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

[Note: s.jJ 3(2) has the effeclthat cenain offences need not be disclosed.]

(d) has never been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by the official nor has any other person been ordered to pay a penalty in respect "'Or such action;

(e) has not had revoked, suspended or been made subject to conditions, any permit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force);

(f) has not had cancelled, suspended or had imposed conditions on a right of entry for industrial or occupational health and safety (OHS) purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) has not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OHS law, from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law.

Date: 7( /J (_:) Signature: ~ Name: Diana Asmar

Capacity/Position: Secretary

Note: Adjust declarations as appropriate to reflect the facts .

Declaration by proposed permit holder

l, Darryn Rowe

340

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. ..

Of 20!1-212 Park Street South Melbourne VIC 3205

Health Services Union Victoria No. 1 Branch

Declare That:

nate:

(a) 1 have received the training about the rights and responsibilities of a pcnnit holder referred to in the declaration above;

(b) 1 have never been convicted of an offence against an industrial law;

(c) 1 have never been convicted of an offence against a law of the Commonwealth, a State, n Territory or a foreign country. involving:

(i) entry onto premises; ?r

(ii) fraud or dishonesty; or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

(d) I have never been ordered to pay a penalty under this Act or an y other industrial law in relation to my action nor has any other person been ordered to pay a penalt)' in respect of such action;

"'It

(c) I have not had revoked, suspended or been made subject to conditions, any permit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force);

(f) I have not had cancelled. suspended or had imposed conditions on a right of entry for industrial or occupational health and safety purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) I have not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OHS Jaw, from exercising, or applying for , a right of entry for industrial or occupational health and safety purposes under that law.

Signature:

Name:

Capacity/l'osition: Organiser

Note: Adjust declarations as appropriate to reflect the facts .

~L

341

~[!iii) organising centre

TUEF lhe union education foundation

CERTIFICATE of ACHIEVEMENT

This is to certify that

Darryn Rowe

has completed the course

Federal Right of Entry

March 20, 2013

approved training

FAIR WORK ACT 2009

Jennifer Evans, Director

Certiflcate Number DloiFCzpll7

.. ~ . ,.

AC1U lclucaolan In<. Incline as ACT\1 Or&~nhin£, Ecluc.olion •11 d C3mp>icn Centre 16S Ourcn Sited Melbourne VIC 3000 ABN: U ll9 3~S 185 ~TO Code: ~l~l PliONf: 01 96&4 7360 fAX: 039670 0831 EMAil: GfJ<r~lltliJ)U111.01I.JU WE8: www.actu.ora.au/orectntr<

342

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Form F42 Application for an Entry Permit

IN FAIR WORK AUSTRALIA FWA we o11~1'

FWA Molter No.:

APPLICATION FOR AN ENTRY PERMIT Fair Work Act 2009- s.S 12

Applicant (or~anisation or branch)

Organisation: Health Services Union

Branch: Victoria No. I Branch

Address: 208-212 Park Street

Suburb: South State: VIC Postcodc: Melbourne

Contact person: Peggy Lee

Telephone: (03) 9341 3352 Mobile:

3205

Fnx: (03) 934 1 3334 Email: peggy .lee@hsuvic.asn.a u

1. The Applicant is: [ X ) registered under the Fair Work (Registered Organisatio11s) Act 2009:

[ ] transitionally recognised under Schedule I to the Fair Work (Registered Organisatiolls) Act 2009;

[ ] a State-registered association recognised under Schedule 2 to the Fair Work (Registered Organisations) Act 2009.

2. Application is made pursuant to s.Sl2 of the Act for the issue of an entry permit to the following person:

Name: David Eden

The proposed permit holder is: f X ] an Office Holder [ ] an Employee

President Office or Position held:

Committee of management member making application:

Date: /: P / ~3 Signatu rc: c:::..__9--Name:

Capacity/Position:

Diana Asmar

Secretary

Declaration by member of committee of management

r, Diana Asmar

Of 20!1-2 12 Park St reet South Melbourne VIC 3205

Health Services Union Victoria No. I Branch

343

Declare That, having made proper inquiries (including inquiries of the proposed permit holder) nnd having reviewed the records of the organisation, declare that the proposed permit holder is a fit and proper person to hold a right of entry permit in that, to the best of my knowledge and belief, the proposed permit holder:

(a) has received appropriate training about the rights and responsibilities of a permit holder, namely: The ACTU Federal Right of Entry online training course completed on 26 March 2013. (Please see Anachment I)

(b) has never been convicted of an offence against an industrial law;

(c) has never been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

(i) entry onto premises; or

(i i) fraud or dishonesty; or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

[Note: s.513(2) has the effect that certain offence.t need not be disclosed. ]

(d) has never been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by the official nor has any other person been ordered to pay a penalty in respect of such action;

(c) has not had revoked, suspended or been made subject to conditions, any permit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force);

(f) has not had cancelled, suspended or had imposed conditions on a right of entry for industrial or occupational health and safety (OHS) purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) has not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OHS law, from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that Jaw.

Date: t6/~( 1 ~ Signature: c:::.__S2--Name:

CapacityfPosition:

Diana Asmar

Secretary

Note: Adjust declarations as appropriate to reflect tile facts.

Declaration by proposed permit holder

I,

344

. . .

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. . David Eden

Of 208-212 Park Street South Melbourne VIC 3205

Health Services Union Victoria No. I Branch

Declare That:

Date:

(a) r have received the training about the rights and responsibilities of a pennit holder referred to in the declaration above;

(b) I have never been convicted of an offence against an industrial law;

(c) I have never been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

(i) entry onto premises; or

(ii) fraud or dishonesty; or

(iii) intentional use of violence against another person or intentional damage or destruction of property;

{d) I have never been ordered to pay a penalty under this Act or any other industrial law in relation to my action nor has any other person been ordered to pay a penalty in respect of such action;

{e) I have not had revoked, suspended or been made subject to conditions, any permit issued under Part 3-4 of the Act or a similar law of the Commonwealth (no matter when in force) ;

[ have not had cancelled, suspended or had imposed conditions on a right of entry for industrial or occupational health and safety purposes, by any court, or other person or body, under a State or Territory industrial law or an OHS law; and

(g) [ have not been disqualified, by any court, or other person or body, under a State or Territory industrial law or an OHS law, from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law.

) .'c./ 3/)..v 1) Signature: ~-Name: David Eden Capacity/Position: President

'Note: Adjust declarntions as nppropriate to reflect the racts.

345

Attachment

(i[!jil} organising centre

TUEF the union education foundation

CERTIFICATE of ACHIEVEMENT

This is to certify that

David Eden

has completed the course

Federal Right of Entry

March 26, 2013

approved training

FAIR WORK ACT 2009

Jennifer Evans, Director

Certificate Number A8RLSY449i

ACTU EducarJol\ lnc. tradlna ~J ACTU Oreanhlnc, tduc.atoon and t.lmp•iall Centt<l65 Queen Strut Melbourne VIC 3000 ADN: 18 US 345 liS RTO Code: 4lnl PHONE: 0) 96647350 FAJC: 03 9&70 08H EMAIL: oractntrc@actu ,ori.IU WEB: www.actu.org.aufcre«nltc

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RE: Right of Entry Course Application

Thanks Peggy.

1 have had a look in our system and I cannot find a David Eden at all. When did he

register for the course?

Also, as far as I can tell, Darryn Rowe has not yet completed his Federal Right of

Entry test.

Thanks,

Zoe Watkins Reception & Course Administrator ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 t (03) 9670-0837 e zwatkins@actu.org.au orgcentre@actu.org.au w actu.org.au/orgcentre follow us on twitter @thisworkinglife <http://twitter.com/thisworkinglife>

The purpose of the ACTU Organising Centre is to build union power and influence through effective organising and growth. We do this through educating for social change, working with unions on campaigns and building union capacity through· internal change.

From: Peggy Lee [mailto:Peggy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2013 4:09 PM To: online learning Subject: Right of Entry Course Application

Dear ACTU,

Please find attached the application form for the right <lf entry course for Tim < https:/ /a pl .salesforce .com/0039000000H H MJ b ?srPos=O&srKp=003> Rowley.

Please note that the email address for Tim is rowleytim@hsuvic.asn.au <mailto:rowleytim@hsuvic.asn.au> .

We request the invoice to be sent to us for payment.

Kind Regards, Peggy

logo Tiny Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peggy.lee@hsuvic.asn.au P Please consider the environment before printing this email

Zoe watki

347

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348

• ' ...

MERCOVICH, Elizabeth

From: Sent: To: Subject: Attachments:

Peggy Lee !Peggy.Lee@hsuvic.asn.au] Thursday, 21 March 2013 9:21 AM Orgs Application for an entry permit Form F42.pdf

Dear Delegate of Fair Work Commission,

Please find enclosed the Form F42 - application for an entry permit for Mr Darryn Rowe .

Should you have any problems regarding the above application, please contact me on 9341 3352.

Kind Regards, Peggy

• ( •Hsu

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Pork Strut South Melbourne VIC 3205 ph: {OJ) 9341 3352 fax:(OJ) 9341 3334 email: pegqr./ee@hsuvic.asn.au

~Please consider the environment before printing this email

7

349

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FW: Right of David Eder entry course

From: Peggy Lee Sent: Tuesday, 19 March 2013 5:09 PM To: David Eden Subject: RE: Right of entry course

Hi David?

Regards, Peggy

From: David Eden Sent: Tuesday, 19 March 2013 5:09PM To : Peggy Lee Subject: FW: Right of entry course

From: Peggy lee Sent: Wednesday, 16 January 2013 2:17PM To: David Eden

Subject: Right of entry course Hi David,

Please see attached the right of entry course application form.

Could you please fill in the form and send it back to me? I can organise the enrolment for you. It is an online course which allows you to do it anytime and anywhere.

Kind Regards, Peggy

logo Tiny Peggy lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03)9341 3352 fax:(03) 9341 3334 email: peggy.lee@hsuvic.asn.au P Please consider the environment before printing this email

350

(

FW: Right of entry course

From: Peggy Lee Sent: Wednesday, 16 January 2013 2:17 PM To: David Eden Subject: Right of entry course

Hi David,

Please see attached the right of entry course application form.

Could you please fill in the form and send it back to me? I can organise the enrolment for you. It is an online course which allows you to do it anytime and anywhere.

Kind Regards, Peggy

Logo Tiny Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peggy.lee@hsuvic.asn.au P Please consider the environment before printing this email

David Ede1

351

(

•' n

MERCOVICH Elizabeth

From: Sent: To: Subject: Attachments:

Peggy Lee (Peggy.Lee@hsuvic.asn.au] Tuesday, 26 March 2013 10.39 AM Orgs Right of entry application Form F42.pdf

Dear Delegate of Fair Work Commission,

Please find enclosed the Form F42- application for an entry permit for Mr David Eden.

Should you have any problems regarding the above application, please contact me on 9341 3352 .

Kind Regards, Peggy

' ~ffsu

Peggy Lee Industrial Assistant Health Services Union Victorio No . 1 Branch 208-212 Pork Street South Melbourne VIC 3205 ph: (OJ) 9341 3352 fox:(03) 9341 3334 email: peqqy.lee@hsuvic. osn. au

~Please consider the environment ~efore printing this email

352

Diana Asmar

From: Peggy Lee Sent: To:

. Wednesday, January 16, 2013 2:18 PM David Eden

Subject: Right of entry course Attachments: Course Application Form for Online Federal Right of Entry 201301 08.doc

Hi David,

Please see attached the right of entry course application form.

Could you please fil l in the form and send it back to me? I can organise the enrolment for you. It is an online course which allows you to do it anytime and anywhere.

Kine! Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peqgy.lee@hsuvic. asn. au

~Please consider the environment before p rinting t his email

()

1

353

(

Diana Asmar

From: Sent: To:

Kimberley Kitching Tuesday, March 12, 2013 10:58 AM Peggy Lee

Subject: Re: David's right of entry course certificate

Hi!

Can you ask David Eden for his log-on details for the ACTU course? That shou ld then allow you t o print out t he certificate.

Thank you, Kimberley

Ps I'm on leave just for today

~ent from my iPhone .J On 12/03/2013, at 10:35 AM, "Peggy Lee" <Peggy.Lee@hsuvic.asn.au> wrote:

()

Hi Kimberley,

Could you please send me David Eden's certificate of completion for the right of entry course? Thanks.

Kind Regards, Peggy

<image001.png>

Peggy Lee Industrial Assistant Health Services Union Victoria No . 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph : (03) 9341 3352 fax:(03) 9341 3334 email: peqgy. lee@hsuvic.asn.au

~Please consider the environment before printing this email

1

354

Diana Asmar

From: Peggy Lee Sent: To:

Tuesday, March 12, 2013 10:35 AM Kimberley Kitching

Subject: David's right of entry course certificate

Hi Kimberley,

Could you please send me David Eden' s certificate of completion for the right of entry course? Thanks .

Kind Regards, Peggy

~u ~n·

H~111n set..,..c:es O,ktll

( j ggy Lee : ndustrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peqqy.lee@hsuvic.asn.au

~Please consider the environment befo;e printing this email

0

1

355

Diana Asmar

From: Sent: To: Subject:

Hi David,

Peggy Lee Tuesday, March 12, 2013 11 :04 AM David Eden RE: David's right of entry course certificate

Could you please tell me your log-on details for the right of entry course? I need your certificate for the permit application. Thanks.

Regards, Peggy

From: Kimberley Kitching Sent: Tuesday, 12 March 2013 10:58 AM To: Peggy Lee

0 ubject: Re: David's right of entry course certificate

H' l I.

Can you ask David Eden for his log-on deta ils for the ACTU course? That should then allow you to print out the certificate.

Thank you, Kimberley

Ps I'm on leave just for today

Sent from my iPhone

On 12/03/2013, at 10:35 AM, "Peggy Lee" <Peggy.Lee@hsuvic.asn.au> wrote:

c) Hi Kimberley,

Could you please send me David Eden's certificat e of completion for the right of entry course? Thanks.

Kind Regards, Peggy

<image001 .png>

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208- 212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: pegqy. lee@hsuvic.asn.au

~'Please consider the environment before printing this email

356

Diana Asmar

From: Sent: To: Subject: Attachments:

Hi David,

Peggy Lee Thursday, March 14, 2013 4:32 PM David Eden

FW: Message from KMBT_C252 SKMBT _C25213031415540.pqf

Are you coming back to the office tomorrow? I have an entry permit application form which needs your signature (please see attached ). Could you please sign it and send it back to me asap? Thanks so much.

Regards,

Peggy

From: scan@hsuvic.asn.au Cmailto :scan@hsuvic.asn.au] _Sent: Thursday, 14 March 2013 4:55 PM

( ) ..,: Peggy Lee ·- <.~bject: Message from KMBT _C252

()

357

Diana Asmar

From: David Eden Sent: To:

Tuesday, March 19, 2013 5:09 PM Peggy Lee

Subject: FW: Right of entry course Attachments: Course Application Form for Online Federal Right of Entry 201301 08.doc

From: Peggy Lee Sent: Wednesday, 16 January 2013 2:17PM To: David Eden Subject: Right of entry course

Hi David,

Please see attached the right of entry course application form.

( ;--_):auld you please fill in the form and send it back to me? I can organise the enrolment for you. It is an online course

which allows you to do it anytime and anywhere.

Kind Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334

\ )email: peggy. lee@hsuvic.asn.au

----- ~Please consider the environment before printing this email

1

358

Diana Asmar

From: David Eden Sent: To:

Tuesday, March 19, 2013 5:57 PM Peggy Lee

Subject: FW: Right of entry course Attachments: Course Application Form for Online Federal Right of Entry 201301 08.doc.doc

From: Peggy Lee Sent: Tuesday, 19 March 2013 5:09PM To: David Eden Subject: RE: Right of entry course

Hi David?

Regards,

r ; eggy

From: David Eden Sent: Tuesday, 19 March 2013 5:09 PM To: Peggy Lee Subject: FW: Right of entry course

From: Peggy Lee Sent: Wednesday, 16 January 2013 2:17PM To: David Eden Subject: Right of entry course

Hi David,

Please see attached the right of entry course application form.

''\ C---c ould you please fill in the fo rm and send it back t o me? I can organise the enrolment for you. It is an online course

which al lows you to do it anytime and anywhere.

Kind Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peggy.lee@hsuvic. asn. au

~Please consider the environment before printing this email

1

359

Diana Asmar

From: Zoe Watkins <zwatkins@actu.org.au> on behalf of online learning <online_learning@actu.org.au>

Sent: Wednesday, March 20, 2013 8:50AM To: Peggy Lee Subject: RE: Right of Entry Course Applicatiot:J

Hi Peggy,

Darryn has been enrolled in Semester 1, which will close on 30th June.

Thanks,

Zoe Watkins Reception & Course Administrator

ACTU Organising Centre Lev€!1 4/365 Queen Street, Melbourne, Victoria 3000 :t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.org.au

( yocentre@actu.orq.au · ../ · actu.orq.au/orqcentre follow us on twitter @thisworkinglife

The purpose of the ACTU Organising Centre is to build union power and influence through effective organising and growth. We do this through educating for social change, working with unions on campaigns and building union capacity through internal change.

From: Peggy Lee [mailto:Peqgy.Lee@hsuvic.asn·.aul Sent: Tuesday, 19 March 2013 4:46PM To: online learning Subject: RE: Right of Entry Course Application

Thanks Zoe. Can I ask when Darryn Rowe has to complete the test by?

Regards, Peggy

, From: Zoe Watkins [mailto:zwatkins@actu.org.au] On Behalf Of online learning ( ")ent: Tuesday, 19 March 2013 4:19 PM

.- . o: Peggy Lee Subject: RE: Right of Entry Course Application

Thanks Peggy.

_________________ , ___ _

I have had a look in our system and I cannot find a David Eden at all. When did he register for the course?

Also, as far as I can tell, Darryn Rowe has not yet completed his Federal Right of Entry test

Thanks,

Zoe Watkins Reception & Course Administrator

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.org.au orgcentre@actu. orq.au w actu.orq .au/orqcentre follow us on twitter @thisworkinglife

The purpose of the ACTU Organising Centre is to build union power and influence tl1rough effective organising and growth. We do th is through educating for social change, working with unions on campaigns and building union capacity through internal

360

change.

From: Peggy Lee [mailto:Pegqy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2013 4:09 PM To: online learning Subject: Right of Entry Course Application

Dear ACTU,

Please find attached the application form for the right of entry course for Tim Rowley.

Please note that the email address for Tim is rowleytim@hsuvic.asn.au.

We request the invoice to be sent to us for payment.

Kind Reg.ards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph : (03) 9341 3352 fcix:(03) 9341 3334 email: peqqy.lee@hsuvic. asn. au

J;. Please consider the environment before printing this email

Message protected by MailGuard: e-mail anti-virus, anti-spam and content filtering. http://www.mailguard.com.au

(j

Message protected by MailGuard: e-mail anti-virus, anti-spam and content filtering. http://www.mailguard.com.au

. Report th is message as spam

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2

361

Report this message as spam

(~)

3

362

(

Diana Asmar

From: Peggy Lee Sent: To:

Wednesday, March 20, 2013 8:59 AM online learning

Subject: RE: Right of Entry Course Application

Thanks. I will put in the application form for David asap.

Regards, Peggy

From: Zoe Watkins [mailto:zwatkins@actu.org.au] On Behalf Of online learning Sent: Wednesday, 20 March 2013 8:50AM To: Peggy Lee Subject: RE: Right of Entry Course Application

~J1i Peggy, ( ) - , arryn has been enrolled in Semester 1, which will close on 301

h June.

Thanks,

Zoe Watkins Reception & Course Administrator

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.org au orqcentre@actu .orq .au w actu.orq.au/orqcentre follow us on twitter @thisworkinqlife

The purpose of t he ACTU Organising Centre is to build union power and influence through effective organising and growth. We do this through educating for social change, working with unions on campaigns and build ing union capacity through internal change.

From: Peggy Lee [mailto:Peqgy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2013 4:46 PM

(~)o: online learning ·;ubject: RE: Right of Entry Course Application

Thanks Zoe. Can I ask when Darryn Rowe has to complete the test by?

Rega rds, Peggy

From: Zoe Watkins [mailto:zwatkins@actu.orq.au] On Behalf Of online learning Sent: Tuesday, 19 March 2013 4:19 PM To: Peggy Lee Subject: RE: Right of Entry Course Application

Thanks Peggy.

I have had a look in our system and I cannot find a David Eden at all. When did he register for the course?

Also, as far as I can tell, Darryn Rowe has not yet completed his Federal Right of Entry test.

Thanks,

1

363

Zoe Watkins· Reception & Course Administrato r

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.orq.au orqcent re@actu .orq .au w actu.orq.au/orqcentre follow us on twitter @thisworkinqlife

The purpose of the ACTU Organising Centre is to build union power and influence through effective organising and growth. We do this through educating for social change, working with unions on campaigns and building union capacity through internal change.

From: Peggy Lee [mailto:Peqgy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2013 4:09PM To: online learning Subject: Right of Entry Course Application

Dear ACTU,

Please find attached the application form for the right of entry course for Tim Rowley.

c ·)lease note that t he email address for Tim is rowleytim@hsuvic.asn.au.

vve request the invoice to be sent to us for payment.

Kind Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No . 1 Branch 208-212 Park Street South Melbourne VIC 3205

( )h: (03) 9341 3352 fax:(03) 9341 3334 -~mail: peggy.lee@hsuvic.asn.au

~Please consider the environment before printing this emai l

---··-- ·--- .. - -.--------- ---Message protected by MailGuard: e-mail anti-virus, anti-spru11 and content filtering. http: //www.mailguard.com.au

Message protected by MailGuard: e-mail anti-virus, anti-spam and content filtering. http://www.mailguru·d.com.au

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364

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Report this message as spam

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3

365

Diana Asmar

From: Sent: To: Subject: Attachments:

Hi Zoe,

Peggy Lee Wednesday, March 20, 2013 4:28 PM

online learning RE: Right of Entry Course Application Application form.pdf

Could you please process the application for David Eden as soon as possible? Please see the attached form.

Could you please also send me a copy of the confirmation letter so that I can make sure that he is enrolled? Thanks!

Regards, Peggy

("7rom: Zoe Watkins [mailto:zwatkins@actu.orq.aul On Behalf Of online learning

r~ )~nt: Wednesday, 20 March 2013 8:50AM (o: Peggy Lee Subject: RE: Right of Entry Course Application

Hi Peggy,

Darryn has been enrolled in Semester 1, which will close on 301h June.

Thanks,

Zoe Watkins Reception & Course Administrator

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.orq.au orqcentre@actu.org .au w actu .orq .au/orgcentre follow us on twitter @thisworkinqlife

(- j,e purpose of the ACTU Organising Centre is to build union power and influence through effective organising and growth. We do ~·'lis through educating for socia l change, working with unions on campaigns and building union capacity through internal

J1ange.

From: Peggy Lee [mailto:Peqqy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2.013 4:46 PM To: online learning Subject: RE: Right of Entry Course Application

Thanks Zoe. Can l ask when Darryn Rowe has to complete the test by?

Regards, Peggy

From: Zoe Watkins [mailto:zwatkins@actu.orq.au] On Behalf Of pnline learning Sent: Tuesday, 19 March 2013 4:19 PM To: Peggy Lee Subject: RE: Right of Entry Course Application

Thanks Peggy.

366

I have had a look in our system and I cannot find a David Eden at all. When did he register for the course?

Also, as far as I can tell, Darryn Rowe has not yet completed his Federal Right of Entry test.

Thanks,

Zoe Watkins Reception & Course Administrator

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatkins@actu.org.au orqcentre@actu.orq.au w actu.orq.au/orqcentre follow us on twitter @thisworkinqlife

The purpose of the ACTU Organising Centre is to build union power and influence through effective organising and growth. We do this tl1rough educating for social change, working with unions on campaigns and building union capacity through internal change.

From: Peggy Lee [mailto:Pegoy.Lee@hsuvic.asn.au] Sent: Tuesday, 19 March 2013 4:09 PM To: online learning Subject: Right of Entry Course Application

(') • ··· )ear ACTU,

Please find attached the application form for the right of entry course for Tim Rowley.

Please note that the email address for Tim is rowleytim@hsuvic.asn.au.

We request the invoice to be sent to us for payment.

Kind Regards, Peggy

( feggy L.ee ~'[ndustrial Assistant

Health Services Union Victoria No. 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph : (03) 9341 3352 fax:(03) 9341 3334 email: peqgy.lee@hsuvic.asn.au

B~ Please consider the environment bevore pri nting this email

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CJ

3

368

(

(

Diana Asmar

From:

Sent: To: Cc: Subject: Attachments:

Dear David,

Zoe Watkins <zwatkins@actu.org.au> on behalf of online learning <onli ne_learning@actu.org.au >

Friday, March 22,2013 12:22 PM David Eden Peggy Lee Enrolment in ACTU Federal Right of Entry Online Course Enrolment Confirmation Letter - D Eden.pdf

We have received your registration form for the online Federal Right of Entry course.

Please f ind attached the confirmation letter regarding your enrolment.

Kind regards,

( )oe Watkins ' ~eception & Course Administrator

ACTU Organising Centre Level 4/365 Queen Street, Melbourne, Victoria 3000 t (03) 9664-7360 f (03) 9670-0837 e zwatki ns@actu.orq.au orqcentre@actu. orq .au w actu.org.au/orgcentre fol low us on twitter ·@thisworkinqlife

!ir.til) organising centre

The purpose of the ACTU Organising Centre is to build union power and infl uence through effective organising and growth. We do this through educating for social change, working with unions on campaigns and building union capacity through internal change.

(~essage protected by Mai!Guard: e-mail anti-virus, anti-spam and content filtering. '---' http://www.mailguard.com.au

1

369

Diana Asmar

From: Peggy Lee Sent: To:

Tuesday, March 26, 2013 10:39 AM orgs@fwc.gov.au

Subject: Attachments:

Right of entry application Form F42.pdf

Dear Delegate of Fair Work Commission,

Please find enclosed the Form F42- application for an entry permit for Mr David Eden.

Should you have any problems regarding the above application, please contact me on 93413352.

Kind Regards, Peggy

Peggy Lee Industrial Assistant Health Services Union Victoria No . 1 Branch 208-212 Park Street South Melbourne VIC 3205 ph: (03) 9341 3352 fax:(03) 9341 3334 email: peggy.lee@hsuvic.asn.au

~Please consider the environment before printing this email

(_)

1

370

Diana Asmar

From: Sent: To:

Cc: Subject:

Hi All,

Peggy Lee Monday, March 25, 2013 1 '~:53 PM Jayne Govan; Sacha Trajcevski; Steven Mitchell; Nick Katsis; Dee Mcintosh; Rowley Tim; Lee Atkinson; Darryn Rowe; David Eden; Rob Mccubbin; Dean Sherriff Diana Asmar; Nathan Murphy Entry permit

I have rung the FWC for a couple of times to chase up your entry permit applications. The information from the FWC is that it takes 28 days for the applications to be reviewed and approved by the delegates of the FWC. As far as I know, they have also changed their procedure of processing and approving permits, which results in prolonging the processing time.

I totally understand that employers may request you to hold a permit when you visit a worksite. I was informed by __..__ FWC that I could only put in an urgent request for a particular application only and they do not accept urgent

( _) equest for all our applications.

If the employer requests for a permit, you should advise him/her that you have already got the certification of completion for the right of entry course and your permit will soon be approved. If he/she is getting difficult and there is an urgent matter on, let me know and 1 will explain to FWC about your particular urgent situation and request to put your application on top of the pile.

Kind Regards, Peggy

•• II ~~'u

"-'W He..~hl, SCf'vioee s \.kll<ltt

Peggy Lee Industrial Assistant

~ Health Services Union Victoria No. 1 Branch (~)08-212 Park Street

South Melbourne VIC 3205 ph : (03) 9341 3352 fax:(03) 9341 3334

-email: peqqy.lee@hsuvic .asn. au 11).

sti Please consider the environment before printing this email

371

From: unknown Page: 217 Date: 16/09/2013 2:25:28 PM

McCubbin Ro~rt John !

States: '

BackgroUllld j '

1. My~ fulam.e is Robert Jo McCubbin and I am not currently employed. I have been a: long member of the H th Services Union in Victoria No. l B:ranch. I first became a met her of the union ro y twen.ty years ago and since that time t have performed a ge of roles. The rol s I have performed include shop steward. branch Committee of~e.ment mem as an organiser and Branch Assistant Secretary.

2. It was ; bout 2002 that I first et Diana Asmar when r was the Assistant Secretary of the union. I w mtroduced to Dian and David Asmar by Jeff Jackson who was the Secretary at th time. Jeff introduc Diana to me as the person who would be taking over my role in the because I was loggerheads with Jeff about the way union funds w~ being spent · oprlarely.

I 3. In 200~ I left the union duet a motor cycle accident I had in wlri,ch I was seriously iJ:tiured. In 20~9 I returned to the ·on and became a member. Diana approached me and asked me to ~ort her in the upco · election because I was well known and popular among the meJpbets. Diana offered me the :role of Assl$tant Sec.tetary if ~he was successful. Diana had a ~on running on her cket as the Assistant Secretary but the deal was that the person would -lesign if they were el ted and I would take over the role as Assistant Secretary. l

;

4. I suppfoo Diana by going ut to hospitals with her, going door knocking with her and aUowiJ:~g ljY name to be used o documentation to gather support.

5. Diana +as not successful at t election and I resigned from the union over the btanch being talgrunated which I nsidered to be illegal.

6. I did n4thear from Djana ft the next couple of years and although I tried to contact Diana a num 'r of times, I was uns ccessful and she would not return rny calls. It was 2012 that Diana con oted me again there was going to be another election for Victoria No. 1 Branch nd she wanted my s ort again. Diana was challenged in the Federal Court about her eligi · ity to run for electi n by Marco Bolano and she was represented by Holding Redlich law . She was success in being deemed to be eligible to run for election.

i

7. I s~ Diana during h election campaign in a similar way to the previous campaign and ~s time sbe was su ful. On this occasion, Daniel Govan ran f()r Assistant Secretury I T~rer and there was cle!U' agreement between myself; Diana and David Asmar as "rell F Daniel that if Dani 1 was successful~ he would stand down from the position

, /Jrr 1

372

From: unknown Page: 317 Date: 16/09/2013 2:25:28 PM

and I would taF over the role of sistant Secretru:y I Treasurer. This agreement was common knovyledge with e~eryone n the ticket and people supporting those on the ticket.

!

8. Diana }vas successful in be' g elected in December 2012 to Secretary although Daniel was not and L~nie Flynn was elect d as the Assistant Secretary I Treasurer from an opposing tic~. After the election, iana joined me up as a member and I paid 12 .months back fees ~to ~t I could take over e role of Assistant Secretaiy I Treasurer once Diana was able to get rid pfLeonie Flynn.

I 9. Imm~ate:ly after the electi n I became part of the Executive team although I was not a paid employte at that time. This eant that l participated in Executive meetings with Diana Asmar, ~erley Kitching, ark Donohue and Luke Walladge.

I !

10. Thc're;· as open discussion one strategy to get rid of Leonie Flynn was that Luke W alladge wo d flirt with her and s t her up for a sexual harassment claim. This strategy was

discussed at · tings at Diana• s ho e with Diana, David Asmar myself and my partner Sandy. ,

I

' I 11. ThcJ s tegy fot Luke to · with Leonie didn't eventuate because there was a legal issue invol · a claim against Luk and he needed to return to Perth. After tha4 the plan became that bedey Kitching w uld take Leonie out for coffee and become friends and become a co dant. Mark Donohu would also get close to Leonie by having cigarettes with he~ and be:frie d heJ:. The putpOse f this would be so that Kimberley or Mark could get infomWion o~t of Leonie which th y could later use against her in the plan to get rid of her.

12. None ~f these plans worked d Kimberley didn tt take her out for coffee although Mark .did spen~ time with Leonie ving cigarettes with her.

I I

13. I atten ed meetings with Di Asmar, IGmberley Kitching and on several occasions with David S . w from Holding R • ich. During these meetings, the strategies discussed were how ~o e Leonie Flynn's fl · cial J:ole away from her so Diana could take over the financial role. Also discussion occ about how to extend the election period because Diana only go 14 months before an ther election is requited. I am aware that the National Secretary C • Brown will not su rt an extension to the election period.

I '-.2._A;l ~ <. 14. lt was ,~e ~· April 2013 I full time employment with the u:nion as an

paying me. ere was no sele¢tion rocess and I was appointed to the role. Within a

occupation.al ~balth and safety offi t . For the first three months I had been assisting Diana but I was dloa· so on a voluntary b is as required until the branch had the funds to start

reasonably sh rt time of me starting as the occupational health and safety officer. Diana gave me the positiot as team leade:r (lead otganiser) at a salary of $90,000 and a vehicle. phone, fuel card etc. 1

' ' !

2

373

From: unknown Page: 4rT Date: 16/09/2013 2:25:29 PM

l Righi ofEnt.f Permits

15. In uboJt April 2013 I recall ving a discussion with Diana in her office during which Diana told me ~at Kimberley Kite g had done her (Diana's) Right ofEntty on line test Diana told me ~he was going to • ct the rest of the staff at the industrial day that IGmb(:rley wo~d be doing the Rigb of Entry testst including mine.

16. Also, ~ Aprll20 13 l attend an Industrial day at the branch which is when all employees m~· t at the branch. The is firstly a housekeeping meeting for all staff and tlwn some staff lea e the meeting and th orgaru· sers meet to discuss industrial and train.hlg issues. It was at that eeting that Diana directed tbe industrial staff that all Right of Entry Permits wopld e done by Kimbed Kitching. I took this to be a specific direction from the Secretuy. !

I I

17. I un.der+tood that Kimberley ould be doing the Right of Entry training and tests because of the, rorkload of organise it would save them time if Kimberley did the tests and the organis.ers ~ould focus on ind ·a! .matters.

i 18. I recall~und the time Kim rley was running for pre-selection for a seat in Padiar.nent on nion payed time. Bo Diana and Kimberley gave direction to Peggy Lee to do the Right o Entries; Peggy Lee fused to follow their ~ctions. I remember thi.nking how brave :Peg~ was as I knew could happen to people who refused direction :from Diana. I rem~ber signing the fom Peggy Lee presented to me of which I retumcd to .Kimberley, I kp.ow that it was Kim dey Kitching that did my Right of Entry test and within a few weeks I ~ived my Right of ntry Permit.

i 19. I am cettam that Kimberly c pleted the Right of Entry test for a number of people and th€jre was* secret about it, eve one in the office knew about it. Kimberly did the tests for: !

i !

Diana Asmar; 1

David Edet( <4 President); !

Nick Katsis; I !

Jayne Govan; 1

Myselft I I I !

Moira Sanders~n;

Peter Lazar.evs~; !

Jack M:assa: I I

Wael Hassen ('~ho has resigned); ~

Sasha (surnam~ not sure). ! I I ! ,

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From: unknown Page: 5fl Date: 16/09/2013 2:25:29 PM

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20. The p~blem, apart from m · g declarations about doing the t:raining and test$ \vbicb people werenj't actually doing, is t people don't know what they need to be doing according tb.~ legislation. That inc ndes what their rights and responsibilities were in go.ing on sites. Di+ told people not to orry about specific rights and responsibilities when accessing sitc:f and she did not to think there was a problem with it.

21. My o~ concern about ple like Nick Katsis, Moira Saunderson, Peter Lazsrevski, Jack Massa, lfaelllassen and Sas is that none of them had any eA.-perienced in accessing work sites. Pfople like me, David en Diana herself and a few others at least had experie:t).ce an~ knew what we sho d and shouldn't do when using Right of Entry Permits.

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22. I bandft back my permit to e Fair Work Commission on Thursday 29 August 2013 because I am~longer employed b the Union. It is likely I will apply for a Right of Ent:zy Permit in the and the reason · gs occurred how they did with my pennit is that r considere<l th. Secretary to have gi en a specific direction about how they were tQ be obtained. I k this serionsly as s is the Secretary of the Branch.

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Cone(em nbott Cronyism

23. I h;:tve ' significant concern utmost of the people Diana employed at the Branch. My pttrtne-,r S dy and I have both told by Diana Asmar that Kimberley Kitching and her hlllsband drew Landeryou len money to Diana for her HSU election campaign. Diana told u.~ that th payback for the loan was that Kimberley would be employed in the Branch if Diana w.as su essful in the electio and that Kimberley would be supported by the Branch in cil'cmustances ere she :ran for par · amentary elections in the future. Diana bas told my partner Sandy Fd I 1hat Kimbedey son a salary of$120,000 with a car, fuel tard and a phone. I alln ~;vaJ:e that Kimberley' husband uses the union car and Kimberley uses cab vouchers. My 1concem is that this is an abuse of members funds.

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24. Sm·ce 1iana. has been ele Kimberly has run for three seats; GelJibr.md. Lalor and a Senate positi n although she was cessful with all three. I lmow that branch resources were used to s pport Kimberley's liamentary election campaigns which included printing of flye~ use o computers and telep ones and using the branch office for labor party meetings. The were often labor p · people at the branch but I recall one night when the btanch of:ttce ~ med to be full ofla r party people discussing tactics about who would get elected and wh .

25. I anl ~aware that David S undel'SOn came to Australia from England and l am coneemed abo~t whether the Brimch actually paid for him to fl.y to Al1stralia and back to

England. J! am that he was e loyed by the branch in some sort of campaign role but I am aware th~o my intemal know edge of what was going on, that he was actually employed te> rt K.itttbedey Kite "ng in her parliamentary election campaigns.

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26. llcn!Dw·thatDavid was using eonie Flynn's office and f saw Kimberley's campaign flyers in the: b~ in Leonie's office David was using. I have no doubt that David was produc;ing tbes1 flyers, using asu re ources for Kimberley>s campaign.

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From: unknown Page: 6{7 Date: 16/09/2013 2:25:29 PM

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27. David \}'as employed for an her of months and most of his time was dedicated towards ass..is~g Kimberley in her e ection campaigns. David left the HSU in around late June audit ~n't until his last · of time there that he actually did HSU work by producing bus4tess cards and other • or work.

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28. Keny qeorgiev is the curren finance manager of the branch. l was told by Diana that the reason Kert)Y was employed was use Kerry's father loaned Diana Asm.at money for her election, carppaign and the payba k was that Kerry was to get a job at the branch. I know that Ke:rry G~giev is on $100,000 alary and is supplied with a car.

29. I am ~wf.e that there is an untant who does work for the branch and so it seems a lot of union l1ds to be paying a · ce manager becawie her father lent Diana money.

30. I am al$~ concerned about th process by which Mark Donohue has been employed. Mark ran Dian~'s election campaign d he was employed after she was elected. He was employed fur a lcouple of months an then he left to go to America.

I • 31. Diana g me a couple of m nths after he left and told me he was commg back to Australia :U:td sb.e wanted to emp oy him. We discussed that he would not be on a large salary tmd wo d not get a car bo r, after his re employment I questioned Diana Asmar and she told m he was on $100,000 'th a car. I am aware that Mark Donohue gets a tram to work and do not drive the union car. Mark's partner drives the vehicle and uses the union fuel card1

32. Again 1y concern is that this is an abuse ofHSU members funds.

33. I have have a concem there have been no selection processes for empl()yed by Diana Asm and people are empl yed on the basis of previous friendships. For ~ample.

Diana's PA H ' was her PA when iana was the Mayor of Darehin~ because Hala is employed, h.er:- ister also gets emplo ed by the union as an organiser. Wael Hassen was employed on tb basis of his uncle ing employed. Moira Saunderson was employed because her bro er David was empl yed and supported by Kimberley.

' ' 34. Other ptople from the Labor arty have been employed. at the union not because of theit skills <•r b~ applying for the rol but because they have supported David A.sm.ar in his role with the~ ~r party. These peo le include Kimberley Kitching, Mark Dohohue, Nick Katsis, Cam~' Granger. Sel Sanli, athan Mwphy, Dean Sherriff, Imad Alzind, Kemal Bekhzai and D vid Saunderson. The have been others employed in the same way since I have left the on.

35. I am a~ that the union has never before had so many employees and Diana has had to re-finance th' union to pay the sal • es and vehicles. Traditionally the oDly ones to have a vehicle where efected officials and· trial staff but. seem.:; most staff under Diana Asmar has vehicles. i

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From: unknown Page: 7rT Date: 16/09/2013 2:25:30 PM

Legal Tc:ndtr Process I

36. I ha~ a further concern ab ut the legal tender process by which Holding Redlich became the~ccessful tendeJer. iana As.tnar made it very clear in a discussion with my partner Sand and J that Holding edlich were always going to be the successful tenderer for HSU legal · rk because they had upported her during her election campaign.

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37. I waslpresent with Diana en the tender envelope was opened. Diana wanted me to be there as a. 'tness although oth people came and went from Diana's office including her P A. Diana o ed the envelope d went through tht three tenders that were inside. I recall that Holding · ch was the ehea t tenderer. There were two other tenderers but my concern is th t only two tenders made it to the Branch Committee of Manngemen

38. l am ~so aware that the b ch has incwred a significant legal bill to Holding Redlich in the: fil'S'i$e months of somewh re in the vicinity of$200- $250,000. I do not believe Holding ll1 ch have done anywh re near that amount ofworlc for the branch and I am conCf:roed ; ut the possibility Holding Redlich may be recovering some of their costs of SUJ)pOrling ·ana in her election paign.

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39. It was~e evening of July 1 2013 that I resigned from. the Union because of these concerns tmd e workplace huUyin and harassment that was going on in the union by Kimberley Ki ching and Mark Don hue which was being approved by Diana Asmar.

I 40. Leoni Flynn \l\l'aS being p · culady bullied because Diana obviously didn't want her there and Jay e Govan was also bei bullied.

41. I have xpressed these con ms because I genuinely believe that union members fimds shollld used for the benefi of members and I am concerned that in some cases, funds are not eing appropriately

i Robert MeCu~bin

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l~eptemiber J~ 3 •

/KilL~~ i I i

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Govan Jayne Faye:

States:

1. My full name is Jayne Faye Govan and I am an Endorsed Enrolled Nurse.

2. I have been asked to come in to the Fair Work Commission to provide information in relation to a number of issues within my knowledge concerning the Health Services Union Vic. No. 1 Branch and I have agreed to do so.

3. In 2004 I was a Registered Nurse (Division 2) and I was a union delegate at Austin Health. The union I was a delegate for was the Health Services Union (HSU). In that role I met Diana Asmar who was a HSU organiser at the time. I became friends with Diana.

4. In 2005 I became a full time organiser employed by the HSU. At that time I was reporting to Shaun Hudson who was the Acting Assistant Secretary and Jeff Jackson was the State Secretary.

5. In June 2006 my son was born and Diana Asmar and I had become such good friends that she actually attended the birth of my son.

6. I stayed off work for 3 months and returned to work in the late part of2006. I only returned to work for a couple of weeks and my position had been changed. Because of my association with Diana Asmar at the time, I was pushed into resigning and I went back to nursing. There was in-faction fighting between various parties going on and Diana was on the outer and so my association with her had implications. It wasn't long after I left that Diana left the union as well.

7. In 2009 my brother Daniel and I supported Diana in her running for State Secretary of the HSU but she was unsuccessful.

8. In 2012, my brother Daniel and I supported Diana again in her running for State Secretary although this time, Daniel ran as her Assistant Secretary I Treasurer. Diana was successful but Daniel was not and he lost the election in a close vote to Leonie Flynn who had run on an opposing ticket to Diana. I recall that was a fiery election campaign.

9. The elections for the HSU occurred at the end ofDecember2012. Early in 2013 a number of people were either dismissed or resigned as a result of the election. My brother Daniel was put on as an organiser in January 2013 but only stayed about three weeks. After Daniel had resigned, I was put on as a temporary organiser on 29 January 2013.

l 0. I commenced my organising duties although I had a very significant workload because I was organising for three areas.

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Right of Entry Permit

11. Back in 2005/06 I had a Right of Entry Permit in my role as an organiser so I was familiar with the general requirements of the permit. I can't remember what, if any training I received back then.

12. In January and February 20131 was attending a number of sites in my role as an organiser and because I was doing so much work, I was getting asked by employers for my Right of Entry Permit. I had not been issued with a Right of Entry Permit at that stage which was fairly embarrassing and was causing me a problem. I was aware that other organisers were also having difficulties with not having a Right of Entry Permit.

13. I was present at an industrial day at the HSU office situated in Park Street, South Melbourne in February or March 2013. I recall that a number of organisers raised the issue ofRight ofEntry Permits because of the difficulties we had been experiencing. Most if not all the employees of the union would have been present at the meeting, including most if not all of the organisers. ·

14. It was during the meeting that Diana Asmar told all of us present that we would not be required to complete our own Right of Entry tests and that Kimberly Kitching would be completing the tests for us. Kimberly Kitching is the General Manager of the Branch and I will refer to her later in this statement.

15. It is my understanding that Diana was arranging for Kimberly Kitching to sit the Right of Entry tests for the organisers because having regard to our work load, we really didn' t have time to do them.

16. I knew that I should have been doing my own Right of Entry test. I had not received any training about the Right of Entry Permits but I had previous experience so l understood what my rights and obligations were. I also did my own research from the Fair Work web site and downloaded information which I provided to other members of the HSU. I did this to keep up to date with the rights and obligations of permit holders which had changed significantly between my first and second permits.

17. While I was experienced. I did feel sorry for those other organisers who would not have been aware of their rights and obligations in relation to Right of Entry Permits. I can say with confidence that the following people did not do their own tests:

• Nick Katsis; • Dean Sherriff; • Diana Asmar; • Sasha (whose surname I am not sure of and who is no longer at the HSU); • David Eden~ and • Rob McCubbin.

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18. The reason I can say that with confidence is because Dean, Nick and Sasha started at the same time as I did and we spoke about it among ourselves. It was common knowledge and not something that was hidden from anyone.

19. Diana actually boasted that Kimberly got around 99 or 100% when Kimberley completed Diana's test.

20. The next thing that occurred was that I received my Right ofEntzy Permit from the Industrial Assistant.

21. I did speak to Dee Mcintosh who is another organiser after receiving my permit. When I spoke to her, Dee told me that she was getting harassed by the management at sites for not having a permit and she had to take others with a permit out to meetings. Dee had to sit her own test because hers wasn't being done by Kimberley who had become busy with her pre selection campaigns.

22. I was also of the understanding that Dee assisted Tim Rowley to do his permit.

23. I recall that there was some problem with the application forms and David Eden got me to sign an application form on more than one occasion. I can't be specific but there had apparently been some problem with the forms and David was the one actually witnessing the form. David is the President of the Branch.

24. For the purposes of doing the tests, emails came to my inbox but I did not respond to them because I knew Kimberly was dealing with them. To be honest it was just one less email for me to deal with in a stressful and very heavy work load.

25. On July 12 2013 I was dismissed from the HSU by Diana and Kimberly Kitching was in the office at the time. I was provided with a letter from Diana which did not set out a reason for my dismissal but the fact that my employment was ceasing immediately.

26. I am presently engaged in civil proceedings in the Federal Court in relation to that dismissal.

SMC South Melbourne

27. It was about a month ago that I was having a conversation with Leonie Flynn who is the Assistant Secretary I Treasurer. Leonie asked me if I was still paying into an account and I told her I didn't know what she was talking about. When we were having this conversation, we were at Rob McCubbin's house in Sunbury and Leonie then produced a one page document which were the Minutes of the Inaugural General Meeting of SMC South Melbourne. I have brought those Minutes to the Fair Work Commission today.

28. The date recorded as there being a meeting of SMC South Melbourne is 6 March 2013 and the Minutes record me as doing various things in the meeting.

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29. I can categorically state I have never attended a meeting of SMC South Melbourne with the persons named in those Minutes and I have no knowledge of any accoullt relevant to SMC South Melbourne. The only possibly thing I can think of which might have any connection to SMC is a crude reference to that acronym which was commonly used around theHSU.

30. There was a lot of talk about SMC and it was a very often used term around the HSU but I do not know that it is a reference to the term commonly used although it is the only thing I can think of.

31 . Also attached to the Minutes is a copy of an Authority for Business Accounts which I note has on its second page, a box ticked for Unincorporated Association.

32. I also note that there are three names recorded on the form which are;

• Diana Asmar; • David Eden; and • Kimberly Kitching.

33. I note that there is only one signature appearing on that document which purports to be that of Kimberley Kitching.

34. My concern about this is that my name has been used on Minutes to move and second motions which relate to a bank account during a meeting which I did not attend and for an account for which I have no knowledge. The date of the meeting is only about a month after I started in my role in 2013 at the HSU.

35. All sorts of questions emerge for me including why my name is being used in this way and whether members funds are being channelled into some type of account which may be a campaign account.

36. I note that Nathan Murphy's name is recorded as being one of the people present but I am not sure whether Nathan was actually employed at the union at that time.

Other concerns

37. I have other concerns about the financial management and accountability of the Vic. No. 1 Branch of the HSU.

38. I am concerned about the way Mark Donohue is employed at the HSU. Mark was originally employed by Diana as a communications officer after Mark and Luke Walladge had worked on Diana' s campaign. Mark subsequently left the HSU and went to the United States but later returned when he was reemployed by Diana in a different role as Operations Officer and provide with a HSU vehicle, Apple computer and Lap top computer. I am aware that Mark doesn't even use the HSU vehicle which is left at his home for use by his partner.

39. These are significant resources to be provided to Mark by Diana and 1 am concerned about these resources being unnecessarily provided to an office staff member.

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40. I am also concerned about the reasons and method both Kimberley Kitching and Kerry Georgiev have been employed. I have no evidence to support what I am about to say except that it has been part of the general discussion around the HSU office and I am concerned about it.

41. The discussion around the office is that Kimberley Kitching and her husband Andrew Landeryou gave money to Diana Asmar's election campaign and that Kimberley Kitching was subsequently employed as a way of paying back the money provided. I think Kimberley is on around $120,000 salary as well as a car which is a significant amount of money.

42. The discussion around the office is also that Kerry Georgiev's father provided money to Diana's election campaign and that in return, Diana would employ Kerry on $100.000 plus a car. I understand that while Kerry is the fmance manager, HSU also employs an accountant so I have no idea why the HSU would pay so much for a finance manager as well as paying for an accountant and then an auditor on top of all of that.

43. My concern is that union members funds are being inappropriately used in the way I have described above.

44. I have additional concerns about potential conflicts of interest. For example, there is a tender currently advertised on the HSU Website - cleaning tender. I am aware that Kerry Georgiev's husband and father in law have been undertaking cleaning of the HSU office since Diana Asmar has held office. I was told by Diana that I wasn't to tell anyone about the relationship between Kerry and the people doing the cleaning . It is possible that the cleaning tender is being advertised now so that it looks like it is being done properly because the same people have been doing the cleaning for 9 months.

45. Wael Hassan worked as an organiser for the branch for approximately four months. I understand that Wael is the brother in law of the IT officer !mad Alzind. Before he came to the HSU Wael was a customer service officer at Darebin City and previously worked at a chocolate factory. The issue is that Wael had no relevant experience and this is a further example of nepotism.

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46. My general concern about these appointments is that none of the relationships were disclosed to or approved by the BCOM.

47. I have a further concern about whether David Saunderson's airfare was paid for by the HSU as he lives in London and has a business there. David came to Australia to assist with union campaigns but no union campaigns were conducted during his time at the HSU.

Assistant Secretary I Treasurer

48. I have indicated above that Leonie Flynn was elected in December 2012 in the role of Assistant Secretary I Treasurer. I was aware from my conversations with Diana that after the election, it was her intention to prevent Leonie from performing the role of Assistant Secretary I Treasurer and prevent Leonie having contact with members so that Leonie

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couldn't get members on side. Diana's strategy was all about getting numbers for the next election.

49.. We were direc~ed by Diana and Dean Sherriff to give Leonie individual grievances that weren't winnable so that she felt like she was doing som~thing but couldn't gather member support while she was doing it. We were directed by Diana not to have members meetings because she had directed Leonie that she wasn't to have members meetings and Diana was trying to appear to be consistent.

50. I am aware that Diana was meeting with David Shaw from Holding Redlich about how to shut Leonie out or even how to remove her from her role. It was quite clear that there was a concerted effort to alienate Leonie from Diana and those in the branch who supported her.

51. If there were times when me or others would talk to Leonie or have a cigarette with her we would be questioned about what we were doing and why we were with Leonie. It was a toxic environment to be in.

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383

17 October 2013

Ms Diana Asmar Secretary Health Services Union (HSU) Victoria No. 1 Branch 208 - 212 Park Street South Melbourne VIC 3205

Dear Ms Asmar,

Right of Entry Permit Applications

FairWork Commission

As you are aware, the Fair Work Commission (FWC) has been engaging with Mr David Shaw from Holding Redlich who is acting on behalf of the Health Services Union (HSU) Victoria No. 1 Branch in relation to inquiries being conducted around Right of Entry (ROE) Permits and separately, a range of allegations which have been made by HSU Assistant Secretary I Treasurer Ms Leonie Flynn.

On 9 October 2013 Mr Shaw advised the FWC by email that he was assisting you and the HSU Victoria No. 1 Branch by receiving material for incorporation into a proposed response to the FWC. Mr Shaw further indicated that he was aware of contact between current employees of the HSU Victoria No. 1 Branch and former HSU Victoria No. 1 Branch employees Ms Jayne Govan and Mr Robert McCubbin. In the context of that contact, Mr Shaw requested advice from the FWC about whether there had been any new allegations or changes to the allegations which had been made which might assist in the preparation of responses being prepared.

On 10 October 2013 I advised Mr Shaw by return email that there were no new allegations or changes to the allegations which had been made which would assist in the preparation of responses.

On 16 October 2013 I received advice from Shaw in relation to the status of the HSU response to the ROE permit issue, including advice about the balance of statutory declarations requested from you, Mr Atkinson and Ms Rose Charbel.

I advise that the FWC is in receipt of recent information from two confidential sources which may assist in the preparation of responses with respect to the ROE Permit issue. Unlike Ms Jayne Govan and Mr Robert McCubbin, the two confidential sources to which I refer have not made formal statements. While the FWC is endeavouring to establish the co-operation of the two confidential sources in the making of formal signed statements, in order to assist you I have decided to provide the substance of their information to you.

11 Exhibition Street

Melbourne VIC 3000 GPO Box 1994

Melbourne VIC 3001

Telephone: (03) 6661 7777 International: (613) 6661 7777

Facsimile: (03) 9655 0401

Email: orgs@fwc.gov.au

384

Confidential Source One (CS1)

CS1 provided the following information to the FWC;

• Ms Kimberley Kitching is the person who completed the ACTU ROE training and testing for HSU Victoria No.1 Branch Secretary Ms Diana Asmar;

• On the day she was completing the ACTU ROE training and testing in January 2013 Ms Kitching sought specific advice on several separate occasions about how to answer specific ROE test questions;

• Ms Kitching used the advice she initially and then subsequently received in further discussions, to successfully complete the ACTU ROE on-line test on behalf of Ms Asmar;

• Ms Kitching indicated that the reason she was completing the test on behalf of Ms Asmar was because Ms Asmar was otherwise engaged and did not have the time to complete her own ROE training and testing.

Confidential Source Two (CS2)

CS2 provided the following information to the FWC;

• Ms Kimberley Kitching is the person who completed each of the ACTU ROE training and testing exercises for HSU employees who are recorded as having participated in ROE testing around 15 February 2013;

• Ms Kitching indicated that she completed each of the ROE testing and training exercises consecutively on her PC in her office of the HSU Victoria No. 1 Branch;

• All the FWC would need to do to prove this is to examine Ms Kitching's computer and it will be clear from analysis of her computer that Ms Kitching did the tests consecutively;

• It is likely that each of the training exercises will be shorter than the previous because she will have become more familiar with the requirements as she completed each test;

• Ms Kitching expressed satisfaction and some sense of pride that she had been able to complete the tests to a high standard and that as a result, she had developed a good knowledge of ROE procedures for the purposes of the ACTU tests;

• On subsequent occasions, Mr David Eden and Mr Darren Rowe were not the people who actually did their own ROE training and testing;

• Ms Kitching however, was not the person who received the training or performed the ACTU on-line tests on behalf of Mr David Eden or Mr Darren Rowe;

• The ROE training and tests completed on behalf of Mr David Eden and Mr Darren Rowe were conducted from another PC in the HSU office.

I have indicated above that the FWC is endeavouring to establish the further cooperation of the two confidential sources referred to above by obtaining written statements from them and if successful, it is proposed to provide you with those written statements.

Should you have any questions or would like to discuss the matter in the meantime, I can be contacted on the details provided below.

385

Yours Sincerely

Chris Enright

Director Regulatory Compliance Branch Fair Work Commission

ch ris.enri g ht@fwc.gov .au

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NOTICE TO ATTEND TO ANSWER QUESTIONS

FairWork Commission

Pursuant to paragraph 335(2)(c) of the Fair Work (Registered Organisations) Act 2009

To: Mr Alexander Leszczynski

I, Bernadette O'Neill, General Manager of the Fair Work Commission have delegated the power conferred by section 331 of the Fair Work (Registered Organisations) Act 2009 (the Act) to the Director of the Regulatory Compliance Branch of the Fair Work Commission (FWC), Mr Chris

Enright.

Delegate Enright is conducting an investigation under section 331 of the Act that concerns the Health Services Union (HSU) Victoria No. 1 Branch's compliance with a range of HSU rules relating to its financial administration in 2012 and 2013 as well as compliance by HSU officers \i\lith their general duties under section 285 of the Act in those years.

I have also delegated powers and functions under section 331 to interview, receive records and documents in response to a notice that I have issued under paragraph 335(2)(c) of the Act to Delegate Enright.

I have reason to believe that you have information relevant to the investigation about which you are capable of giving evidence because of your employment with the Health Services Union Victoria No. 1 Branch in 2012 and 2013.

As part of the investigation pursuant to paragraph 335(2)(c) of the Act I now require you to attend before Delegate Enright to answer questions relating .to matters relevant to the investigation at 9am on Monday 6 January 2014 at the premises of the Fair Work Commission at Floor 4, 1.1 Exhibition Street, Melbourne.

You may be accompanied by a third party if you choose, including a legal representative, should you wish.

You should be aware that by reason of section 337 of the Act it is an offence to fail to comply with a requirement under subsection 335(2) or to knowingly or recklessly make a statement when attending before a delegate of the General Manager of the Fair Work Commission which is false or misleading, without a reasonable excuse. Subsection 337(4) of the Act provides that a person is not excused from giving information that they are required to give under subsection 335(2) on the ground that the information might tend to incriminate them or expose them to a penalty. However the information and any information, document or thing obtained as a direct or indirect

11 Exhibition Street Melbourne VIC 3000

GPO Box 1994 Melbourne VIC 3001

Telephone: (03} 8661 7777

International: (613) 8661 7777

Facsimile: (03) 9655 0401

Email: melbourne@fwc.gov.au

387

11 December 2013

Mr Alexander Leszczynski Senior Industrial Coordinator Victoria No 3 Branch Health Services Union 107/408 Lygon Street Brunswick East VIC 3057

By email:

Dear Mr Leszczynski ,

Health Services Union· Victorian No.1 Branch

FairWork Commission

Investigation under s.331 of the Fair Work (Registered' Organisations) Act 2009 (FR2013/404)

I am writing to you concerning the Health Services Union Victorian No. 1 Branch (the Branch).

I have been delegated by the General Manager of the Fair Work Commission (FWC) the power conferred by section 331 of the Fair Work (Registered Organisations) Act 2009 (the Act) to investigate whether a reporting unit, its officers, employees and auditors have complied with:

• A provision of Part 3 of Chapter 8 of the RO Act (regarding accounts and audits);

• The reporting guidelines made under that Part:

• A regulation made for the purposes of that Part;

• A rule of a reporting unit relating to its finances or financial administration; and/or

• A civil penalty provision of the RO Act (see section 305).

As you are aware I am conducting an investigation under section 331 of the Act that concerns the Branch's compliance with a range of HSU rules relating to its financial administration in 2012 and 2013 as well as compliance by officers with their general duties under section 285 of the Act.

The General Manager has also delegated to me powers and functions under section 331 to interview, receive records and documents in response to a notice issued under paragraph 335(2)(c) of the Act.

I enclose a Notice pursuant to paragr~ph 335(2)(c) of the Act requiring you to attend before me to answer questions at 9am on Monday 6 January 2013 at the .. premises of the Fair Work Commission at Floor 4, 11 Exhibition Street, Melbourne.

You may be accompanied by a third party if you choose, including a legal representative, should you wish.

11 Exhibition Street J

Melbourne VIC 3000

GPO Box 1994

Melbourne VIC 3001

'Telephone: (03) 8661 7777 International: (613) 6661 7777

Facsimile: (03) 9655 0401

Email: melbourne@fwc.gov.au

388

Leszczynski Alex John

States:

1. My full name is Alexander Jolm Leszczynski, though I am generally referred to as Alex rather than Alexander, and I am currently employed as an industrial officer with the

Health Services Union (HSU) Victoria No. 3 Branch. My official title is Senior Industrial Coordinator. To the best of my recollection the information contained in this statement is

true.

Background

2. ~completed my arts/law degree in late 1999, and since 2001 I have chosen to work in various roles in Unions in a number of different States of Australia, though predominantly as an Industrial Officer. Between 2007 and 2011 for example, I was employed by the Finance Sector Union in Melbourne as a National Industrial Officer. From April 2011 I worked for the National Tertiary Education Industry Union (NTEU) in Perth as an Industrial Officer, before leaving in late 2012 to take up the Senior Industrial Officer position with HSU in Victoria, in part to move back to the Eastern states to be closer to my family.

3. In around September 2012 I became aware through a public advertisement process that applications were being sought for the role of a Senior Industrial Officer in the Health Services Union (HSU), Victoria. I applied for the position that was being largely managed by the Deputy Administrator of the HSU in Victoria Mr Jim Simmonds, and also by Administrator for the HSU East Mr Michael Moore. I was subsequently interviewed for the position and in a merit based application process, I was offered the position. Though I had some concerns about taking the position given the recent history of the HSU, I realised that the members of the HSU still needed industrial representation and as such accepted the position.

4. Because I was living in Perth at the time, there was about a six week time frame for

me to give notice to the NTEU who I was working for at the time, pack up my belongings, arrange for them to be transported and move to Melbourne to take up the position with the HSU.

5. I believe that it was on or around 12 November 2012 that I commenced in the position, although at that time the No. 1 and No. 3 branches of the HSU Victoria were still largely operating as one under the administration of the administrators I have referred to above.

6. When I took up the position, I did not have any prior association or relationship of any kind with Diana Asmar, Leonie Flynn or any other elected official of the HSU Vic. No. 1 Branch, past or present. I had never met any of these people prior to them being appointed to

the elected positions they took up after the elections. I can say as a matter of certainty that I was not associated with any of the people who had run or were ru.n.¢ng for elected positions

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in the HSU Vic. No. 1 Branch, nor was I part of any ticket for the elections. I was not associated in any way with any person or any part of the election process and so I considered

myself to be independent from any of that election process.

7. I did know the wife of Craig McGregor (Craig at the time of my commencing as a Senior Industrial Officer was running as Secretary for the HSU Vic. No.3 Branch) as Craig's

wife worked for the NTEU who I had previously been employed by. I also knew ·Fleur Brehems who was also running for the Secretary position of the HSU Vic. No. 3 Branch on a

different ticket, as I had completed an ACTU training course with her and seen her at the then Fair Work Australia, though it has been over a year since I had seen or even spoken to her.

8. Although the role did not immediately involve me working exclusively for the HSU

Vic. No. 1 Branch, it was made clear to me that following the election of officials in December 2012 I would be working exclusively as the Senior Industrial Officer for the HSU

Vic. No. 1 Branch. My selection by the administrators in a merit-based selection demonstrated that they were satisfied with my experience and qualifications to perform that role in what was clearly a very tumultuous time for the HSU.

9. The elections occurred in December 2012 following which Diana Asmar was elected as the Secretary, Leonie Flynn was elected as the Assistant Secretary - Treasurer and other persons were elected to various positions. It was just prior to Christmas of 2012 that I first met Diana Asmar. The assistant administrator who was involved in my appointment, (Jim Simmonds) explained to Diana that I had recently been employed by him so that, I believe, it

was obvious that I was not part of the previous regime of staff at the HSU which, as I have said above, had been through a troubled period.

10. It was obvious to me following the appointment of Diana Asmar as the Secretary of HSU Vic. No. 1 Branch that the branch was going to need me because most of the previous

organisers were terminated by Diana and I was the only experienced industrial officer left at the branch. There was a junior Industrial Officer employed, Ms Hazel Ondari (who was

terminated by Diana in February 2012), though she had only recently completed her studies and had limited industrial knowledge or experience. It appeared to me that the reason I was not terminated initially was because I had been recently employed by the administrator and in

that sense, I was not associated with t~e previous regime of the Branch.

11. While there were a small number of organisers left, it was necessary for me to become involved in assisting with disciplinary interviews and other duties generally performed by the organisers that had generally not been performed by the Senior Industrial Officer previously.

12. I met Kimberley Kitching at around the same time I met Diana. Her position at the time was General Manager.

Management of HSU Vic. No. 1 Branch

13. From my observations in the first month of 2013, it seemed to me that the HSU Vic.

No.1 Branch was effectively being run by Kimberley Kitching, Mark Donohue and Luke Walladge. They appeared to me to be the people generally doing the day to day running of

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the branch, rather than Diana Asmar. While Diana would sometimes make broad statements to staff about what the Branch should do, it seemed to me that it was in effect Kimberley, and to a lesser extent Mark and Luke, who generally (though not always) made most of the real decisions about the branch. That is not to say that I agreed with some of the things that these people were doing or that I thought what they were doing was right, it was just that they seemed to be running the branch more so than Diana. I am aware that both Mark and Luke had previously worked for Unions, though I don't believe they were in senior roles, though I can't be certain about tllis. In the case of Kimberley I do not believe that she had any previous Union experience, and nothing I saw indicated otherwise.

14. While I believed that Kimberley, Mark and Luke were in effect running the Branch, I made some observations about how they were doing it. There was a lot of work that needed to be done to rebuild the branch, yet there were significant periods oftime when this did I).Ot seem to a big concern of Kimberley, Mark and Luke. I regularly saw Mark, Luke and to a lesser extent Kimberley, doing very little, such as sitting around and talking about things other than work, particularly Labor party politics, and in one case watching television on screens that had been installed in some offices by the previous leadership of the Branch. I understand that we all need to take a break from work at times and when I was working 10 -12 hours a day most weekdays, I would take a break. During a break for example I would read articles on history or sport or do other things on the internet. However given the number of hours work I was performing and the fact that I was almost always the last person to leave work, I did find this lack of work and effort on their part disconcerting.

15. It was clear that much of the decision making was not being made by Diana, but instead by Kimberley and others. Diana did not strike tpe as being particularly intelligent or having great industrial relations knowledge, and as a result I was puzzled as to why she had received support in running for the Secretary position of the HSU Vic. No. 1 Branch. On one occasion in February, when I was still trusted by the leadership of the branch, Dean Sheriff indicated to me that Diana and her husband David Asmar had some power within the Victorian Labor Party and had significant support within the party. If this is true (and again I can't say it is) it may explain why Diana had received support in running for the Secretary position of the HSU Vic. No. 1 Branch.

16. In the case of Luke Walladge however he was not with the Union long. One day we were told that he had to return to Perth as his mother-in-law was ill. However soon after he left I saw an article in the Age indicating that Luke had appeared in court as it was reported he owed money to a sex worker, though this does not appear to have been for sexual services. I cannot say whether this was the case or not, as I know that things aren't always accurately reported in the media. The article in question can be found at the following link: http://www. theage.com.au/vi ctorialunion-secretary-asked-to-cover-tab-20130303-?fede.html . (Attached as Annexure 1)

Process for employing staff

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17. It wasn't until 14 February 2013 when Kevin Bradford was tenninated because of allegedly disobeying a directive that it became clear that something wasn't quite right at the branch, and that the 'writing was on the wall' as far as my employment at the HSU Vic. No.1 Branch was concerned. By the 'writing was on the wall' I mean that I realised if a person was not seen to be one of 'their' people ('their' being Diana Asmar and members of her ticket, people affiliated with her in the Labor party, her friends or the supporters of her campaign) then things might not go well for that person at the branch.

18. As a result of a lack of experienced organisers, Kevin's workload, like mine, was large. However I started to see staff try to blame Kevin for things that were not his fault. I remember a specific incident where Dean Sheriff, shortly after Dean commenced employment at the branch, tried to bl.arne Kevin for not responding to an Employer's email. When Dean gave me a paper copy of the email, I saw that the email had been addressed to Dean a day or two earlier, and not Kevin. When I raised this with Dean, he was unable to respond. Kevin issued unfair dismissal proceedings which were later settled prior to arbitration, but I formed the view that he had been dismissed because he wasn't seen to be one of 'their' people and that was the real reason behind his dismissal. One night when we in Hobart for a HSU conference, Dean told me after a few drinks that Kevin's termination probably was harsh, but that Diana needed people who were loyal to her given there was

. going to be an election the next year, and not someone who could threaten her. This did strike me as strange, and the only reason I could think of why Dean made this comment was that Kevin was (and may still be) a member of the Labor party and at one point had been Mayor of Casey Council.

19. However I did clearly understand in January 2013 that the HSU Vic. No.1 Branch needed to get organisers on board to carry out the business of the Union, and as such a number of organisers were employed in early January. I also understood why Diana may not want to retain ~rganisers who had supported and campaigned for the Marco Bolano ticket. I expected that Diana and the management of the branch would start advertising for organiser positions to carry out the necessary roles, although as I will refer to below, that did not occur in January, February or even March 2013, while I was still employed at the Branch.

20. With regards to Mark Donohue, he left the HSU Vic. No. I Branch in either late January or early to mid-February 2013 to take up a position in the United State of America. However after my employment at the branch was terminated, I was made aware of the fact that Mark was re-employed by the HSU Vic. No.1 Branch. In neither circumstance when Mark was employed by the HSU Vic. No.1 Branch did I see any indication his position had been advertised or that he was employed through a competitive, merit based process.

21. A clear indication that proper processes were not going to be followed wa~ the way in which Dean Sherriff was brought on board as a lead organiser in late January 2013 without the position being publicly advertised, and as became apparent quite quickly, without the skills or knowledge to do the job properly. I was immediately concerned about Dean's appointment and I formed the view that he didn't have the skills to be a lead organiser. This became clear to me when I saw he couldn't find agreements on the Fair Work website, as

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well as the quality and content of some letters to employers which he initially wrote, which I found necessary to write or re-write for him just so that they dealt with the matters appropriately. An example of one of these letters that I found it necessary to write, a template letter lodging a dispute/grievance with an Employer, is attached at Annexure 2 with an associated email.

22. I also found it necessary to explain to Dean issues surrounding the requirements for exercising the Right of Entry provisions in the Fair Work Act and in particular, what an Organiser is required to do. I have attached a copy of an email dated 29 January 2013 I sent to Dean explaining what an Organiser is required to do. It is attached as Annexure 3.

23. One night at a HSU conference in Hobart, after he had had a few drinks, Dean told me that he had been involved in Diana's election campaign, although he did not explicitly say that this was the reason for him being appointed by Diana. One of the things he indicated he did during Diana's. election campaign was produce flyers/brochures attacking the other candidates, known as a "shit-sheet". Within a short time of him commencing, as indicated above, certain things happened which raised serious concerns for me.

24. I recall a particular industrial issue in which staff at the MacKellar . Centre of Barwon Health were being asked to pay to park their cars in the hospital car park, which they had not been required to do previously. I remember that Dean wanted to take industrial action over this, and when I explained to him that lawful industrial action couldn't be taken outside of a bargaining period under the Fair Work Act, he seemed very surprised by that. I wondered how anybody carrying out the job of lead organiser could be surprised at something so basic and I immediately became concerned about his understanding of industrial legislation and issues.

25. Dean then suggested that we simply re-write the-Agreement which had been previously negotiated, voted up and approved by the Commission as a way of dealing with this matter. When I explained to Dean that under the Fair Work Act we couldn't ·simply re-write an agreement that had been neggtiated, voted up by staff and approved by the Commission he was also surprised. I thought it was extraordinary that a person in a lead organiser role would not have a basic understanding of how enterprise agreements operated and my concerns had been escalated.

26. I recall that there was an incident that was reported by me by an employer regarding one of the organisers that were employed by Diana at the HSU Vic. No. 1 Branch but who 'I believe is no longer employed there. The organisers name was Sasha Uzunov and the employer was Y ooralla, who provide disability services. The employer advised me that Sasha had been quite aggressive to a HR person at the organisation and had in effect 'stood over them', yelled at them and made gestures in an aggressive manner. I was well aware that, regardless ot: what I may think of some of an Employer's actions, my job generally required me to have a decent working relationship with employers (though I know this is not always possible) if I was to achieve good outcomes for the Union's members and when Sasha's behaviour was explained to me, I formed the view that if he had behaved in the way

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described then that was inappropriate. I also realised that such behaviour could endanger Sasha's Right of Entry Permit if he did in fact have one.

27. I spoke to Dean about the behaviour expecting Dean would have a view that organisers need to behave appropriately in a workplace, but I was surprised to hear that Dean thought Sasha's behaviour was good and he laughed it off. While I know that as a Union Official one needs to "stand-up" to employers, I was concerned about this because I was more than aware of the •fit and proper' person requirements in Right of Entry Permits under the Fair Work Act and I thought aggressively standing over people, yelling at them and gestuting at them in an aggressive manner may raise questions about whether Sasha was a 'fit and proper person' to hold a Right of Entry Permit under the Fair Work Act and may have implications for him obtaining or keeping a Right of Entry Permit.

28. Another example of how unsuitable and unqualified Sasha was to be an Organiser was an email he sent to a manager at Melbourne Health entitled "Greg, you playing games?'' where one line in the email from Sas~a said "Let me guess you're playing funny buggers again?" Again, I know that at time we have to t~e a hard line with an Employer, and this can mean that our correspondence to them may be blunt and forceful. However I could not believe that an Organiser would send an email lik~ the one Sasha sent, and in my mind cemented that Sasha was entirely inappropriate for 'the position. A copy of this email is attached as Annexure 4.

29. There was another occasion, and it may have been at a staff meeting, that an organiser Jayne Govan raised an issue and indicated that during a visit to an employer she had thought it necessary to block a doorway and not allow a manager to leave a room until her concerns had been addressed. I remember thinking how inappropriate that type of behaviour was and indicated this, but Dean again supported the behavioi.rr and said something like ' that's the way it is'. While I understand that in the heat of the moment someone may do something that in hindsight they maybe should not have done, it was a further example of Dean supporting what was clearly inapproptiate behaviour, even when someone has had time to reflect upon their actions and should have realised that this behaviour was not approptiate.

30. I recall being advised by someone, it might have been Leonie Flynn, that Dean had previously been charged and convicted of assault involving breaking a car window when children were in the vehicle. I recall doing a Google se_arch and finding a Herald Sun article that seemed to confirm this, and while I am not naive enough to believe that everything I read in the media is always tlue, I was a little concerned about Dean being a 'fit and proper person' to hold and retain a Right of Entry Permit on behalf of the Union. The article in question can be found at the following link: http://www .heraldsun. com. au/news/victotial dean-shertiff-career-savedlstory-e6frf7kx-1111113382408 (Annexure 5).

31. As a result of these concerns with Dean being a 'fit and proper person' to hold a right of entry permit under the Fair Work Act, I recall raising the issue with Kimberley Kitching. However she dismissed this as not being true, indicated I was not in a position to know

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whether it is or isn't true and then went into a rant about the Age. I will refer to this conversation later in the statement under the heading of Right of Entry Permit Issue.

32. There were a couple of other new organisers employed either in late January or in February, although they were appointments by Diana as there was no advertisement process going on. The most common places Union positions are advertised in is on the Unions NSW website, which not only advertised Union positions in NSW but in the whole of Australia, and on Workplace Express. None of the positions filled by staff appointed by Diana I saw advertised on these websites, which can be found here: http://www.unionsnsw.org.au/jobs and here http://www.workplaceexpress.corn.au/n106 rc job site browse.php . By contrast I saw positions advertised by both the HSU NSW branch and the HSU Vic. No. 3 Branch advertised on at least one of these websites.

33. I do recall that at one particular staff meeting, Diana advised the staff that at some point in the future the 'Organiser positions would be advertised which staff could apply for, though no indication was given when this would be.

34. At another staff meeting we were told that the Union revolves around Diana as the Secretary. I recalled thinking how wrong that was. It is my view that the Union revolves around its membership and not around Diana or any secretary or Union official. I later raised this with Kimberley, who indicated that from the 'organisers' point of view the Union revolved around Diana. I again indicated that from the organisers point of view the Union should revolve around the members, but Kimberley just' dismissed this.

35. It was late February or early March 2013 that I was told by Kimberley that we were getting another Industrial Officer whose name was Nathan Murphy. As I had been working long hours, often up to and beyond 8.00 p.m. because of the extremely heavy workload around this time, on the one hand I thought it was good news that we were getting another Industrial Officer. However I did have concerns that the Branch had now been operating for a couple of months under its new leadership without positions being advertised, as far as I was aware, and I wondered when the appointment of people would stop and advertised, merit based selection ofstaffwas going to commence.

36. I am not an apologist for the previous leadership of the HSU Vic. No. 1 Branch by any stretch of the imagination, and one reason for this was that there was plenty of work that needed to be done that had not been done by the previous leadership. For example there were a number of enterprise agreements that had long since expired that needed to be negotiated but had not been, as well as individual matters where members had been waiting months for the Union to assist them. The result of this was that my workload was extremely heavy, not just performing the work an Industrial Officer, but also continuing to do the work an organiser would normally do. For example I recall things got to the stage where, on the Australia Day weekend in 2013, I caught the train out to regional Victoria to meet with members to get details and documents on a back-pay issue because it simply had to be done and there was no one else to do it. Normally I would have expected an Organiser to obtain this information arid then pass it on to the relevant industrial staff member. As such, the

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prospect of employing another Industrial Officer was one that I supported, so long as they were employed in an appropriate manner and had the experience to perform the work.

37. When Nathan Murphy was appointed by Diana, given what I had seen transpire in the Branch in the past couple of months, I did what people often do these days and did a Google search on Nathan. What I saw suggested that Nathan didn't seem to have the experience to be an Industrial Officer. Prior to being employed at the HSU Vic. No. 1 Branch, he appeared to have been employed as a growth organiser at the A WU according to the A WU newsletter found at the following link: http://vic.awu.net.au/sites/vic.awu.net.au/files/update no 05 march 1 2012.pdf (Annexure 6). Though · he had worked as an organiser, the role of an organiser and an industrial officer is very different one, and even as an organiser with the A WU some of his actions appear to have left a lot to be desired if the CFMEU are correct in their newsletter found at the following link: http://www.cfmeuvic.com.au/downloads/wage/cfmeuv­springmagpglll.pdf .

38. I also noted that Nathan, from the time he was employed, seemed to be quite close to Diana's husband David Asmar who was often in the office. I noted on two occasions Nathan · asking David if he wanted to go up to the roof as he wanted to have a cigarette. All this did was heighten my suspicion that Nathan had been employed as he was close to Diana.

39. I freely admit that before I left the Union due to my dismissal, that I was quite vocal in indicating to Kimberley, Dean and Nathan the inappropriateness of employing staff who weren't selected on merit, didn't have the appropriate skills and experience for their positions, and were only appointed because of their connections with people at the Union. I was also highly critical of their actions in general and the manner in which they were running the Union.

40. For example, Dean Sherriff, Sasha Uzunov and Nathan Murphy were examples of people who appeared to have been appointed to positions without their roles being advertised, and being paid significant amounts of money not because of their skills but because of who they were connected with at the Union. I understood Dean and Nathan to be connected with Diana Asmar and her husband Davd Asmar through the Labor party, and Sasha Uzunov indicated to me he was a friend of Kimberley Kitching's husband Andrew Landeryou. An example of how inappropriate Sasha was to work in the role he was appointed to was that on his first day of employment at the branch he asked one of the administrative staff what an enterprise agreement was.

41. Nick Katsis was another appointment that appeared to have no previous experience in a Union position and seemed to lack the relevant skills and knowledge for his position, but he seems to have been employed at the Branch as he was a former Councillor on Darebin Council with Diana. Initially Nick was employed as an organiser, but it is my u~derstanding that he is now employed as an industrial officer. Similarly another Darebin Councillor, Steve Tsitas, appears to have been employed as an Industrial Officer with the HSU Vic. No.1 Branch after my employment at the Branch was terminated. From the comments he has made

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at meetings involving Industrial Officers from a number of branches of the HSU, it appears to

me that Steve also lacks the relevant experience and/or qualifications to be an Industrial

Officer.

42. The Administrators had appointed a finance manager, Stephen, who seemed to be doing

an appropriate job. However he was dismissed as, according to Diana, "he was making her go

through all these processes before I could spend money". Given all the alleged inappropriate

spending of HSU members' money that had been reported in the media, I thought ensuring

any Union money was spent only after going through the appropriate processes was the correct thing to do. Within hours (as opposed to any type of recruitment or selection process)

of the former finance manager's dismissal Kerry Georgiev was actually working in the office

as the new Finance Manager. I thought that this was extraordinary.

43. After being terminated I sent an email to Kimberley Kitching in which I indicated that I

was aware of some inappropriate practices taking place, particularly with the appointment of

various people connected with others in the Branch, but I didn't want to see any further harm come to the HSU Vic. No.1 Branch members. As such I indicated to Kimberley I was

prepared not to expose the issues if we could work out some transition where I could be contacted about matters I had been dealing with so the impact to members was minimal.

Kimberley didn't respond to my email but I genuinely did not want to see any negative impact on the members, particularly after the recent history of the HSU, which is why I had

not publicly raised these issues until now. I have attached a copy of the email dated 7 March

2013 including a copy of one of my pay slips which I refer to later in this statement

(Annexure 7).

44. I was not privy to the salaries, terms and conditions of staff at the HSU Vic. No.

Branch, although I understand that Kimberley Kitching and Mark Donohue are on salaries

around $120 - $125 k p.a. I understand that Luke Walladage was appointed on a salary of

around $lOOk p.a and Kerry Georgiev on a similar salary. From a financial perspective, I considered that these were very large salaries to be paying people who were appointed

without any advertised process and seemed to lack appropriate skills and experience. I was

even more concerned that these and other appointments seemed to have been made on the

basis of their friendship or connections with Diana Asmar or other people in the HSU or

Labor party.

45. I raised the issue with Kimberley Kitching that I thought it inappropriate people were

being appointed on the basis of their connections and friendships, but my concerns were

dismissed by her.

Right of Entry Permit Issue

46. I recall a discussion that occurred between Kimberley Kitching and I in January 2013

at the HSU Vic. No. 1 Branch office on Park Street in South Melbourne. I had been doing

some routine work on either an Enterprise Agreement or an individual dispute, and I recall

Kimberley started asking me questions in relation to right of entry type issues. I assumed that she was asking questions on behalf of organisers who were having right of entry problems at

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workplaces, and so I answered her questions after which she returned to what she was doing.

However, on a number of occasions Kimberley continued to ask further questions about right of entry issues. Because she was asking more right of entry questions I asked her why she

needed to know.

47. Kimberley told me that Diana was too busy to do her own right of entry training and

testing and that she (Kimberley) was doing it for her. I believe I said to Kimberley that I

didn't thirik that this was appropriate and I indicated that the person who was applying for the Right of Entry pennit was required to undertake the appropriate training if they wished to obtain a Right of Entry permit.

48. I didn't see Kimberley actually completing the test for Diana's Right of Entry Pennit but the circumstances around Kimberley asking me questions indicated to me that she was actually doing the testing for Diana at the time of our conversation. As I have said, she asked

me questions and went away and then returned to ask me more questions. It was at this point, after I asked Kimberley why she was asking me these questions, and she told me that Diana was too busy to do her own test and that she was doing it for her, all this suggested to me Kimberley was doing the test at that time.

49. I have been advised by the Fair Work Commission that the date recorded for Diana

Asmar's Right of Entry test was January 25 2013. Unfortunately any documentation that may be able to confirm this date as being the date Kimberley asked me the right of entry

I

questions referred to above I lost access to when I ceased to be employed by the HSU Vic.· No.I Branch. However from my recollection, the day Kimberley asked me the right of entry questions .referred to above, was around this time.

50. I made observations earlier in my statement and I will repeat them again as they are relevant to the Right of Entry Permit issue. I have said earlier ~at an indication to me that proper processes were not going to be followed at the Branch was the way in which Dean Sherriff was brought on board as a lead organis~r in late January 2013 as it became apparent

quite quickly that Dean did not have the skills or knowledge to do the job properly. I was immediately concerned about Dean's appointment and I formed the view that he didn't have

the skills to be a lead organiser. This became clear to me when I saw he couldn't find agreements on the Fair Work website, as well as the quality and content of some letters to employers which he initially wrote, which I found necessary to re-write for him just so that they dealt with the matters appropriately.

51. I have earlier referred to a particular industrial issue in which staff at the MacKellar Centre of Barwon Health were being asked to pay to park their cars in the hospital car park, which they had not been required to do previously. I remember that Dean wanted to take

industrial action over this, and when I explained to him that lawful industrial action couldn't be taken outside of a bargaining period under the Fair Work Act, he seemed very surprised by

that. I wondered how anybody carrying out the job of lead organiser could be surprised at something so basic and I immediately became concerned about his understanding of industrial legislation and issues.

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52. Dean then suggested that we simply re-write the Agreement which had been previously

negotiated, .voted up and approved by the Commission as a way of dealing with this matter. When I explained to Dean that under the Fair Work Act we couldn't simply re-write an agreement that had been negotiated, voted up by staff and approved by the Commission he

was al~o surprised. I thought it was extraordinary that a person in a lead organiser role would

not have a basic understanding of how enterprise agreements operated and my concerns had been escalated

53. I also found it necessary to explain to Dean issues surrounding the requirements for exercising the Right of Entry provisions in the Fair Work Act and in particular, what an Organiser is required to do. I have attached a copy of an email dated 29 January 2013 I sent

to Dean explaining what an Organiser is required to do. It is attached as Annexure 3.

54. I have also earlier referred to recalling being advised by someone, it might have been

Leonie Flynn, that Dean had previously been charged and convicted of assault involving

breaking a car window when-children were in the vehicle. I recall doing a Google search and finding a Herald Sun article that seemed to confirm this, and while I am not naive enough to believe everything I read in the media, I was a little concerned about Dean being a 'fit and proper person' to hold and retain a Right of Entry Permit on behalf of the Union. The article

m question can be found at the following link: http: //www .heraldsun. com. au/news/victoria/ dean-sherriff-career-saved/story-e6frf7kx-1111113382408 (Annexure 5).

55. I recall that on the day of my termination which was 7 March 2013, I noticed Right of Entry application forms on Peggy Lee's desk and I saw that one of the applications was Dean Sherriff s. I was aware of the assault issue I have referred to above and I went to Kimberley Kitchings office to discuss it with her.

56. During our discussion, I raised the issue about whether in the context of what had

been reported Dean could be considered to be a ' fit and proper person' to hold a Right of Entry permit under the Fair Work Act but_Kimberley dismissed the article as not being true. Kimberley indicated to me that I was not in a position to know whether the article was or was

not true and then she went into a rant which seemed to be based on Kimberley's and her husband's previous negative experience with the Age newspaper.

57. There were other people appointed to the Branch who appeared to have been appointed without any knowledge of industrial relations issues and particular the Right of Entry provisions of the Fair Work Act. I have referred to Dean Sherriff but I am also aware of Sasha Uzunov who was appointed to a role at the Branch and he indicated to me he was a friend of Kimberley Kitching's husband Andrew Landeryou. An example of how

inappropriate Sasha was to work in the role he was appointed to was that one his first day of employment at the Branch, he asked one of the administrative staff what an enterprise

agreement was.

58. Nick Katsis was another appointment that appeared to have no previous experience in a Union position and lacked the relevant skills and knowledge for his position.

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59. I calll1ot recall any meetings in which Diana made any announcements about Right of Entry Training, though while I was employed by the HSU Vic. No. 1 Branch I was not present at all staff meetings or for entire staff meetings as there were times were I was

required to be present at meetings in members' workplaces.

60. It should be noted that at the time I was terminated by the HSU Vic. No.1 Branch my

Right of Entry permit was in my office at the HSU Vic. No.1 Branch. As the Branch would not respond to my attempts at communication with them, I was not able to get possession of my Right of Entry permit and return it to the Fair Work Coinmission. As such I signed and had witnessed by my local GP a Statutory declaration to tllis affect and faxed it to the Fair Work Commission.

Holding Redlich

61. In early January I was introduced by Diana and Kimberley to David Shaw from Holding Redlich. I .also attended a function at Holding Redlich where David Shaw made it quite clear that he was very supportive of Diana and had known her for a number of years. At one point while describing their relationship David became quite emotional and it demonstrated to me that they were very close.

62. Kimberley indicated to me in January that the Union's legal work was going to be put out to tender, though she indicated that she thought that Holding Redlich would be successful in obtaining the Branch's business and she also made it clear that -Maurice Blackburn would not be successful. I believed that Maurice Blackburn would not be successful because Kimberley had previously indicated to me that it was her view Maurice Blackburn had been supportive of Kathy Jackson. Given Diana's association with David Shaw and Holding Redlich and Kimberley's comments, I did get the distinct impression that the tender process would be? mere formality, and that Holding Redlich was guaranteed to be.the successful tenderer. Of course I calll1ot be certain that this was the case.

63. However even before the branch's legal work was put out to tender, work was given to Holding Redlich. Kimberley encouraged me to pass on work that I was too busy to do on to Holding Redlich. While there was plenty of work I could have passed on to Holding Redlich given my heavy workload, I was fully aware of the cost involved in using any law firm to undertake industrial work, and had concerns about doing this. I indicated this to Kimberley, and even though she initially said to hold off while she looked into it, she later indicated to me again that I could pass on work to Holding Redlich, though I still limited what I passed on due to the potentil:il costs for the Union.

Campaigning

64. Kimberley was a constant name dropper when it came to members of the Labor Party. · She constantly told me which prominent members of the Labor party she had had dinner or lunch with, or when she had been on the phone with them. She constantly referred to the fact that she regularly had lunch on the weekend with Bill Shorten and his wife, and indicated that HSU Vic. No.1 Branch was discussed.

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65. While Kimberley often locked herself inside her office wheh taking phone calls, on a number of occasions I heard Kimberley on the phone during work hours refer to "the party" which I took to mean the Labor Party, and "pre-selection" which I assumed meant pre­

selection to run as a Labor Party candidate in a seat, though I do not recall any specific seats

being mentioned.

66. On a couple of occasions she specifically told me when she had been on the phone with

either Michael Danby or Martin Pakula given their families' association with Poland and my own Polish background.

Informal Branch Meetings

67. I observed many informal meetings occurring at the Branch involving Diana, Kimberley Kitching, Dean Sherrif, the fmance manager Kerry Georgiev, Mark Donohue (prior to his

leaving for the USA for a few months) and Nathan Murphy when he commenced. These

were regular meetings to which I was never invited and they lasted anywhere from half an hour to significantly longer. I often wondered what the point of these regular meetings was. I wondered for example, if these were meetings about finances requiring Kerry's attendance,

why would Dean be there while Leonie Flynn as Assistant Secretary I Treasurer was not. Alternatively, if these meetings were about industrial issues, there did not seem to be any reason for Kerry to be there as the finance manager, while I should have been there.

68. On top of all of that I wondered why my input was not sought as the Senior Industrial Officer. This was even more disconcerting when Nathan commenced working at the Branch

and I saw him participating in these meetings in the days leading up to my dismissal. Not only was my input not sought, I was never asked to provide formal or detailed reports to the

management of the Union .or to the Branch Committee of Management. This type of behaviour was causing me an increasing amount of frustration as it was not how Unions should operate in serving members. Even though producing such reports would have involved more work for me, I did know and accept that this was an important part ·of any

Industrial Officer position, yet Diana and Kimberley seemed to have no great interest in the work I was doing.

Position of Assistant Secretary Treasurer.

69. I referred in the earlier part of my statement to the election in which Leonie Flynn was successful in being voted as the Assistant Secretary Treasurer. I recall that both Diana Asmar and Kimberley Kitching made comments to the effect of that they wanted to keep Leonie out of the loop of things as much as possible. Diana and Kimberley openly said that they did not trust Leonie and that was because Leonie had run for the election on a different ticket to

Diana.

70. I made the observation that Leonie was not involved in the very regular meetings I mentioned above involving Dean and Kerry, and Leonie indicated to me how Kimberley and Diana were excluding her from her financial responsibilities, even though she had been elected as Assistant Secretary I Treasurer. All of the behaviour I observed from Diana and

13

401

IGmberley was consistent with them keeping Leonie out of any involvement in the running of the Branch. While I understand Leonie was on a different ticket to Diana, the simple fact was that she has been elected by the members just like Diana had, and as such she was entitled to be involved in the running of the branch.

My Dismissal

71. I remember an incident in which Dean Sherriff asked me by email if I had a file on a particular matter. I had already spoken to Dean about this matter, in particular how to find the information that he was seeking. However Dean had been unable to do this, meaning that I was required to find the infonnation. The fact that Dean was now asking me about this again was extremely frustrating and concerning. An email exchange followed between Dean and I in which I stated to Dean that you can't just provide jobs to your mates from the Labor Party and expect them to be able to do the job properly. My comments were made out of frustration with people being employed by the Branch without merit selection to perform roles which they did not appear to have the appropriate qualifications or experience for. Instead staff at the Branch seemed to be appointed on the basis of their friendship or association with other people at the Union, and I felt I could no longer keep quite on the issue (Email exchange attached as Annexure 8).

72. I was also extremely frustrated by the lack of support and commitment from Diana and IGmberley. In the days leading up to my termination I asked Diana to sign a Form F18 Declaration of Employee Organisation in Relation to Application for Approval of Enterprise Agreement so that it could be lodged with the Fair Work Conunission, as it had been decided that we would oppose the application to approve the agreement. Despite numerous requests for Diana to sign the form over a number of days, the form was not signed. On one occasion I went to IGmberley to ask her to get Diana to sign the form and I was told that Diana had gone home for the day, even though it was just after 4pm. Despite my numerous requests that the form be signed, when I was terminated the form still had not been signed by Diana.

73. This comment of mine referred to above, that you can't just provide jobs to your mates from the Labor Party and expect them to be able to do the job properly, was obviously not well received by others in the Branch and led to my dismissal.

74. In the conversation with IGmberley where I was tenninated, IGmberley refen;ed to this comment in the above mentioned email to Dean where I said you can't just provide jobs to your mates from the Labor Party and expect them to be able to do the job properly and indicated this was reason I was being terminated. IGmberley made a comment to me in response to what was perceived to be my criticism of the appointment ofNathan Murphy that it was not my decision to make. At no point however did she indicate that what I had said was not true.

75. The day I was terminated and left the office of the HSU Vic. No. 1 Branch, I forgot to tum off my computer. I recall catching the tram home and speaking to some people while on the tram about my termination. When I got home I logged back on to my HSU email account to get copies of some personal emails I had received. In between the time I had left the HSU

14

402

' '

office and the time I got home, someone had used my computer to send one of my pay slips to an email address associated with Kimberley Kitchings husband Andrew Landeryou at Vex news. There were only three people left in the HSU office when I left the day I was terminated and they were Kimberley Kitching, Dean Sherriff and Nathan Murphy. I had every reason to believe that Kimberley Kitching had sent her husband an email to a Vex news email account which did not appear to be publicly available at that time and which was not known to me. I am unable to substantiate that it was definitely Kimberley because there were two other people in the HSU office when I left.

76. After seeing my paysiip had been forwarded to Vex news, and being aware of the allegations Kimberley, Dean and Diana had made about Kevin Bradford's work, I took the opportunity on the night I was terminated to also forward to my personal email account emails that could verify certain issues I had raised with Kimberley, in case she decided to allege that I was dismissed on the basis of unsatisfactory performance or serious misconduct. I could then use these emails to defend myself if the need arose. I have the payslip which was sent to Vex news and the email I sent to Kimberley regarding my payslip being sent to Vex News, which is included in Annexure 7.

77. After I was dismissed from the HSU Vic. No. 1 Branch I was employed by the HSU Vic. No. 3 Branch the following week, on a casual basis at first, and then on a permanent basis from 10 June 2013. I became aware that Kimberley Kitching had made an allegation that I had punched walls and doors after I was terminated and became violent as a result of my dismissal. Because this was not true, and in order to protect myself from false allegations, I went and had an examination performed by a GP to examine me for any injuries or signs that I could possibly have been involved in any such incident. Of course I was not involved in any such incident, and the GP verified there was no sign I had been, but I wanted to have objective evidence about that.

. . 78. I was also advised that Kimberley Kitching had claimed that I was the person who had sent my own pay slip by email to her husband at Vex news although, as I have said above, I am aware it was sent to an email address which was did not appear to be publicly available at that time and to which I did not have access. It was clear to me that Kimberley Kitching or someone else in the office had sent the email between the time I left the HSU office and arrived home in order for her husband to somehow use that information in Vex news if the need arose. The payslip in question was the one I received just prior to Christmas that had my leave loading paid in it, as well as unused RDOs, and as a result the amount I was paid in that pay cycle was more than I would normally be paid. I suspect that this payslip was chosen for this reason so I could be "discredited" on the basis of how much I was paid if I publicly raised how much Kimberley and others in the branch were paid.

79. I understand that this statement may be provided to the HSU.

Signed ..... Date ....

15

403

26 MARCH TRANSACTIONS

DAVID EDEN TIME LOCATION ACTION

0840 Newlyn Phone

0845 Newlyn Phone

913 Maid on Phone

1114 Bendigo Phone

1149 Bendigo Phone

1151 Bendigo Phone

1156 Bendigo Phone

1217 Bendigo Phone

1242 Epsom Phone

1243 Bendigo Phone

1324 Bendigo Phone

1611 Bendigo Phone

404

Account 399 3206 428 Issued 25 Apr '13

Mobile . DAVID.

Excl. GST

Call & Usage Charges

National Direct to 24 Apr 243 calls 0.00 Mobile Originated SMS to 24 Apr 48 calls 0.00 Call Diversion charges to 24 Apr 246 calls 0.00 Service call surcharge to 24 Apr 4 calls 0.00 MobileNet MessageBank to 24 Apr 24 calls 0.00 Mobile Enhanced SMS to 24 Apr 2 calls 0.00 Mobile W AP/Internet Sessions to 24 Apr 32 sessions 0.00

Service charges

Business Advantage $130 Member Advantage Included Data 3GB Messagebank Access Fee 24mth Mobile Repayment Option Business Advantage $130 Plan

Savings due to Options Group Saver

Discounts included in Total

- ---·- -·-- - - - -------Itemised call details

National Direct

Total call charges

25 Apr to 24 May 25 Apr to 24 May 25 Apr to 24 May 25 Apr to 24 May 25 Apr to 24 May

Total service charges

Total for

97 calls

Seq Date Time Origm Numbt!r dialled !?ate I 25 Mar 08:51am Ballaral T IS 2 25 Mar 08:53am Ballaral 3 25 Mar 09:36am Ballarat 4 25 Mar 1 0:15am Sov Hill 5 25 Mar 10.29am Sov Hill 6 25 Mar 12:48pm Ballarat IS 7 25 Mar 01 :11pm Ballarat 8 25 Mar 01 :48prll Ballarat 9 25 Mar 04:18pm Ball oral

10 25 Mar 08:07pm Ballarat IS 11 ,. 26 Mar 08:40am Newlyn IS 12 26 M~r 08:<!5am N~wtyn IS 13 26 Mar 09:13am Mal don IS 14 26 Mar 11:14am Bendigo 15 26 Mar 11:49am Bend1go IS

$0.00

22.73cr 0.00 0.00

34.54 118.18

$ 129.99

$129.99

$393.66

$393.66

Milt/:>~:

1:05 1'05 0.56

10•37 0:30 4:34 2:06

10:313 5: ]8

35:33 0:05 0:05 6: 17 2:55 I : 11

page 120 o/250

Incl. GST

0.00 0.00 0.00 0.00 0.00 0.00 0.00

$0.00

25.00cr 0.00 0.00

34.54 130.00

$ 139.54

$ 139.54

$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

405

0 Account 399 3206 428 Issued 25 Apr ' 13 p.1ge 121 of 250 -----

National Direct

$..f!fl Pate Time Origin Number dialled Rute Min/sec $ 16 26 Mar 11:5\am Bendigo 3:36 0.00 17 26 Mar I 1:56am Bendigo ·t:36 0.00 18 26 Mar I 2:17pm Bendigo 0:33 0 .00 19 26 Mar • !2:42pm Epsom 0:33 0.00 20 26 Mar 12:43pm Bendigo 2:47 0.00 21 26 Mar 01:24pm Bendigo IS 1:20 0.00 -

;;..__ ]'g' · ;2~ fl(lar. 04:11pm Bendigo 0:12 0.60 . = 23 27 Mar 08:30am Lockwoodcld 0:20 0.00

== 24 27 Mar 08:59am Bendigo 0:29 0.00 25 27 Mar 09:01am Bendigo IS 16:26 0.00

- 26 27 Mar 09:23am Bendigo 0:08 0.00 - 27 27 Mar 1 0:26am Bendigo IS 15:09 0.00 = 28 27 Mar I 0:48am Bendigo IS 19:45 0.00 ::.::

29 2? Mar 12:14pm Bendigo IS 0:09 0.00 30 27 Mar 12:28pm Bendigo 0:47 0.00 31 27 Mar 12:30pm Bendigo 2:37 0.00 32 27 Mar 12:37pm Epsom IS 0:53 0.00 33 27 Mar 02:56pm Bendigo IS 0:18 0.00 34 27 Mar 03:37pm Epsom IS 1:34 0.00 35 27 Mar 05:33pm Bendigo 21:23 0.00 36 27 Mar 05:55pm Ravenswood IS 19:20 0.00 37 27 Mar 06:44pm Creswick IS 35:48 0.00 38 27 Mar !0:01 pm Ballarat IS 0:50 0.00 39 28 Mar 08:38am Ballarat 28:29 0.00 40 28 Mar 09:24am Ballarat IS 1:20 0 .00 41 28 Mar 10:24am Geelong IS 5:35 0.00 42 28 Mar 10:31am Goelong IS 6:33 0.00 43 28 Mar 10:41am Belmont 4:03 0,00 44 28Mar 10:45am Geelong IS 23:33 0.00 45 28 Mar 02:15pm SOLDIERS_HI 0:25 0.00 46 28 Mar 03:56pm Bannockburn 3:38 0,00 47 28 Mar 04:00pm Bannockburn 10:20 0.00 48 28 Mar 04:12pm Bannockburn IS 12:17 0.00 49 28 Mar 04:26pm Gee long 1:40 0.00 50 29 Mar 05:19pm Ballarat 18:49 0.00 51 30Mar 07:34am Ballarat 6:17 0.00 52 31 Mar 09:50am Ballarat 0:12 0.00 53 02 Apr 08:47am Ballarat IS 35:30 0.00 54 02 Apr 09:23am Ballarat IS 0:49 0.00 55 02 Apr 09:54am Ballara t 1: 14 0.00 56 02 Apr 10:31am Ballarat 1:09 0.00 57 02 Apr 1 0:33am Ballarat IS 9:41 0.00 58 02 Apr I 0:43am Ballarat 10:29 0.00 59 02 Apr 02'09pm Ballarat 4:41 0.00 60 02 Apr 02:16pm Ballara1 34:03 0.00 6 1 02 Apr 03:44pm Ballarat IS 5:15 0.00 62 02Apr 03:51pm Ballara1 7:39 0.00 63 03 Apr 08: 15am Ballarat IS 15:30 0.00 64 03 Apr 08:32am Ballarat 6:34 0.00 65 03 Apr 08:42am Ballarat IS 0:49 0.00 66 03 Apr 09:24am Ballarat IS 0:06 0.00 67 03 Apr 09:26am Ballarat IS 21:53 0.00 68 03 Apr 10:40am Ballarat IS 1:15 0.00 69 03 Apr 12:54pm Ballarat 0:50 0.00 70 03Apr 12:55pm Ballarat 0:02 0.00 71 03 Apr I 2:56pm Ballarat 3:35 0.00 72 03 Apr 01:10pm Ballarat 1:13 0.00

406

(

HOLDING REDLICH

26 November 2013

Mr Chris Enright Director, Regulatory Compliance Branch Fair Work Commission Level4, 11 Exhibition Street MELBOURNE VIC 3000

Dear Mr Enright

Health Workers Union -Right of Entry Permits

Partner David Shaw Direct Line (03) 9321 9885 Email david.shaw@holdingredlich.com Our Ref DS:MM 13100112

We refer to previous correspondence in relation to this matter.

Scope of Response

In this letter, we respond to:

A request that Diana Asmar and Lee Atkinson provide you with Statutory Declarations;

2 Statements made by Leonie Flynn, Rob McCubbin and Jane Govan in which they allege that some Branch employees had Right of Entry tests undertaken on their behalf;

3 Your request that the Branch focus on a cluster of Right of Entry tests conducted on 15 February 2013;

4 Claims made by 2 confidential sources.

Apart from this letter, which sets out a number of factual matters and matters put by way of submission, you will find attached to this letter Statutory Declarations from:

• Diana Asmar; and

• Lee Atkinson.

In addition, we have attached a spreadsheet provided by the ACTU, the ACTU's cover letter and 2 attachments.

Response to Claims made by Ms Flynn, Mr McCubbin and Ms Govan

Ms Asmar's Statutory Declaration denies allegations that she did not undertake her own Right of Entry test and allegations that she instructed the Branch General Manager, Kimberley Kitching, to undertake tests on behalf of other Branch employees. Ms Asmar also states that she had no knowledge of any of the matters alleged prior to seeing those allegations in the material provided to your office.

M:S00778 l_l OS

MelboWlle Sydney . Brisbane

LevelS 555 Bourke Sueet Melbow·ne Vic 3000 OX 422 Melboume GPO Box 2154 Melbourne Vic 300 I T +61 3 9321 9999 www.holdingredlich com

AH~ 15164 '27 724

407

(

25 November 2013 Page 2

Mr Chris Enright

Director, Regulatory Compliance Branch

Fair Work Commission

In the Statutory Declaration made by Lee Atkinson , he admits that he did not undertake the test and has no knowledge of who undertook the test on his behalf. We have not been able to ascertain how the "certificate of achievement" came to be issued by the ACTU. You will note that there is nothing in the statements provided by Ms Flynn, Ms Govan and Mr McCubbin that alleges that that Mr Atkinson did not undertake the test.

We are instructed by Ms Kitching , she denies the allegations made by Ms Flynn, Ms Govan and Mr McCubbin.

As to the claims made by Ms Govan and Mr McCubbin, we note that neither gives direct evidence as to who undertook the tests on their behalf. Rather, they make broad assertions that their right of entry tests were undertaken by Ms Kitching. You will also note that Ms Flynn does not provide any direct evidence but, instead, refers to being told by an unnamed colleague that Ms Kitching had done right of entry tests for organisers. These assertions, in turn, rely on an assertion that Ms Asmar instructed the industrial organisers that Ms Kitching would undertake the tests for them.

Claims made by Confidential Sources

In relation to the "information" provided by Confidential Source 1, that information and our client's response is as follows:

• Ms Kimberley Kitching is the person who completed the ACTU ROE training and testing for HSU Victoria No 1 Branch Secretary, Ms Diana Asmar.

We note that you do not set out in your letter the basis on which CS 1 makes this cla1m, that is, did CS1 actually seeMs Kitching log into a computer using the ACTU provided login forMs Asmar and proceed to complete the test. To do this, CS1 would need to have been in very close proximity in order to view what Ms Kitching was doing. CS1 does not provide the date, the time or day or the duration of the test. Ms Kitching denies this allegation.

• On the day she was completing the ACTU ROE training and testing in January 2013 Ms Kitching sought specific advice on several separate occasions about how to answer specific ROE test questions.

The allegation is denied by Ms Kitching.

• Ms Kitching used the advice she initially (sic) and subsequently received in further discussions, successfully completed the ACTU ROE online test on behalf of Ms Asmar.

Ms Kitching denies this allegation.

• Ms Kitching indicated that the reason she was completing the test on behalf of Ms Asmar was because Ms Asmar was otherwise engaged and did not have the time to complete her own ROE training and testing.

M:5007781_1 OS

Ms Kitching denies making th is statement. Ms Asmar denies that she was too busy to undertake the ROE training and testing.

408

26 November 2013 Page 3

Mr Chris Enright

Director, Regu latory Compliance Branch

Fair Work Commission

Confidential Source 2

• Ms Kimberley Kitching is the person who completed each of the ACTU ROE training and testing exercises for HSU employees who are recorded as having participated in ROE testing around 15 February 2013.

As with CS1 , we note that CS2 does not set out the basis on which he/she makes these allegations. Again, Ms Kitching, Dean Sherriff, Nick Katsis and Steve Mitchell deny this allegation.

• Ms Kitching indicated that she completed each of the ROE testing and training exercises consecutively on her PC in her office.

We note the use of the word "indicated". You do not explain how Ms Kitching is alleged to have given such an indication. Ms Kitching denies this claim. The ACTU material, to the extent that it can be relied on, does not support a claim that the tests were done "consecutively".

• All the FWC would need to do to prove this is to examine Ms Kitching's computer and it will be clear from analysis of her computer that Ms Kitching did the tests consecutively.

We are instructed that Ms Kitching no longer has the computer assigned to her in February 2013. We are also instructed that it would have been a simple thing for someone other than Ms Kitching to have used the computer assigned to her at that time and undertake the tests. As noted below, David Eden and Darren Rowe agree that they used Ms Kitching's computer which was located in her office.

• It is likely that each of the training exercises will be shorter than the previous because she will have become more familiar with the requirements as she completed each test.

The material provided by the ACTU does not support this claim.

• Ms Kitching expressed satisfaction and some sense of pride that she had been able to complete the test to a high standard and that, as a result, she had developed a good knowledge of ROE procedures for the purposes of the ACTU tests.

Ms Kitching denies this allegation.

• On subsequent occasions, Mr David Eden and Mr Darren Rowe were not the people who did their own ROE training and testing;

• Ms Kitching however was not the person who received the training or performed the ACTU online tests on behalf of Mr David Eden or Mr Darren Rowe;

• The ROE training and tests completed on behalf of Mr David Eden and Mr Darren Roe were conducted from another PC in the HSU office.

M:S007781_1 DS

In relation to Mr Eden, the ACTU record shows that Mr Eden undertook his ROE test on 26 March 2013 at 8.51 am and the time taken was 21 minutes 49 seconds. Mr Eden has provided a Statutory Declaration as requested by you and further instructs that he came down to Melbourne on the afternoon of 26 March 2013 to do his test - he did not do the test at 9.14 am that day. To the best of his recollection, it took longer than the 21 minutes and 49 seconds set out in the ACTU record .

409

26 November 2013 Page 4

Mr Chris Enright

Director, Regulatory Compliance Branch

Fair Work Commission

Mr Eden also recalls that Ms Kitching opened up the computer for him and that Mr Rowe also came down from Bendigo that afternoon to do his test.

As to Darren Rowe, he does not agree that he did the test on 20 March 2013 starting at 9.08 pm. Mr Rowe instructs that he, like Mr Eden, did his test on 26 March 2013. He recalls that both he and Mr Eden attended a meeting at 2 pm in Bendigo and, following the conclusion of that meeting, they both drove to Melbourne to undertake the test.

Branch investigations

The Operations Officer, Mark Donohue, was given responsibility for investigating the records of the Branch in order to shed light on the movements of people listed as having done their tests on 15 February 2013. To this end, Mr Donohue has:

• Made contact with the ACTU to ascertain what information can be provided from its IT systems;

• Examined the Branch IT systems;

• Examined at mobile phone records;

• Examined at Citylink toll records;

• Examined at diary entries for the people in question.

Examination of emails and IT Systems etc

Mr Atkinson

In relation to Mr Atkinson, it appears that the ACTU, in response to an application for training made on behalf of Mr Atkinson, sent an email to both Mr Atkinson and Ms Asmar providing the password. Ms Asmar acknowledges receiving the email and sending it onto Mr Atkinson. Mr Atkinson has no recollection of receiving the email but subsequently found the emails on his computer. At the time of Mr Atkinson's test was undertaken, it would have been easy for someone with the password provided by the ACTU to have used a computer in the Branch offices to undertake the right of entry test.

The ACTU record indicates that Mr Atkinson's Certificate of Completion was issued at 10.16 am on 15 February 2013. Mr Atkinson's mobile phone records suggest that he was in the South Melbourne office from about 3 pm to on 15 February 2013 but that, at the time Certificate was issued, his mobile phone records show that he was in Geelong.

Ms Govan

It appears that Ms Govan's application to undertake ACTU right of entry training was partly prepared by Peggy Lee forMs Govan. It was sent to the ACTU on 30 January 2013 and a standard letter was emailed back to her on 4 February 2013 and copied toMs Asmar. Ms Govan then sent a copy toMs Kitching and Ms Asmar forwarded the copy sent to her to Ms Govan. The application for a right of entry permit was filled out by Ms Lee and signed by Ms Govan and Ms Asmar. We also note that Ms Govan's email and telephone records indicate that she was in the office from about 8.30 am to 12 noon on 15 February 2013.

M:S007781_1 OS

410

Mr McCubbin

26 November 2013 Page 5

Mr Chris Enright

Director, Regulatory Cornpl1ance Branch

Fa1r Work Com mission

Mr McCubbin's application for ACTU training was prepared by Ms Lee, signed by Mr McCubbin and sent to the ACTU on 30 January 2013. The ACTU responded with a standard letter on 4 February 2013. This letter was emailed to Mr McCubbin's private email address and copied to Ms Asmar. Mr McCubbin sent a copy of his letter from the ACTU to Ms Kitching and Ms Asmar sent her copy of the ACTU's letter to Mr McCubbin. Mr McCubbin's application for a right of entry permit was prepared by Ms Lee and signed both by Mr McCubbin and Ms Asmar. In relation to whether Mr McCubbin was in the office on 15 February 2013, Mr Donohue instructs that no records could be located showing that Mr McCubbin was in the office on 15 February 2013.

Mr Sherriff

Mr Sheriffs email and telephone records indicate that he was in the office throughout the day apart from between 12 noon and 1.30 pm on 15 February 2013. At 2.57 pm he sent an email to Ms Kitching in the following terms.

"Hi Kimberley,

I need to book the training computer in order to complete the nght of entry test. Could you let me know please? Thanks"

We note that the ACTU records indicate that he had done his test at this point. Mr Sherriff recalls sending the email and recalls doing the test following on from the email. Accordingly, Mr Sherriff does not agree that he undertook the test at 2.10 pm. As to the relatively short time taken by Mr Sherriff to do the test, we note that:

• Mr Sherriff believes the test would have taken him more than 2 minutes 31 seconds;

• Mr Sherriff previously held a Right of Entry Certificate as an organiser with another union between 1996 and 1999;

• Mr Sherriff has tertiary qualifications;

• Mr Sherriff instructs that he had no difficulty with the questions and was able to answer them without referring to the supporting material.

Mr Katsis

Nick Katsis' telephone and email records indicate that he was in the office from about 11.30 am to 1.30 pm on 15 February 2013. The ACTU records indicate that the Certificate of Completion issued at 4.03 pm. Mr Katsis' mobile phone records indicate that he was in Malvern at 3.48 pm.

Mr Katsis instructs that:

• He recalls undertaking the test in the Branch office prior to visiting a workplace early in the afternoon;

• Prior to doing the test, he recalls printing off the training material;

• He recalls that the test took him more than half an hour;

M·S007781 I OS

411

26 November 2013 Page 6

Mr Chris Enright

Director, Regulatory Compliance Branch

Fair Work Commission

• He has had previous experience as an active unionist in the workplace, has undertaken union training and worked as a migration agent.

Mr Mitchell

Records held by the Branch indicate that Mr Mitchell's Certificate of Achievement is dated 5 February 2013, not 15 February 2013 as indicated in your letter. The ACTU record indicates that Mr Mitchell attempted the test on 4 February 2013 but did not pass and re-did the test on 5 February 2013 and was successfuL

Mr Mitchell instructs that he undertook the test on the evening of 4 February 2013 at his home in Echuca. On the first attempt, he failed. On the second attempt, the following morning, he successfully completed the test.

Mr Mitchell believes that he again had access to the system on 15 February 2013 but not for the purposes of doing the test.

Tim Rowley

The ACTU record indicates that Mr Rowley was logged in for 28 days over the period 6 May 2013 to 3 June 2013. Mr Rowley recalls that he was initially logged in by Peggy Lee but did not complete the test. He then went home and attempted to log in unsuccessfully. Ultimately, when Mr Rowley did his test, he did so in the office after he was logged in by Deirdre Macintosh.

Brett Haye

The ACTU record indicates that Mr Haye undertook the test on 17 May 2013. It took 5 minutes and 21 seconds. Mr Haye instructs that the first time he undertook the test, he used Wael Hassan's computer and failed the test. On the second occasion, he was successfuL He recalls that the test took him about45 minutes

Sasha Trajcevski

Mr Trajcevski no longer works for the Branch. There are no records which indicate that he was in the office on 15 February 2013. The ACTU records indicate that he undertook the test at 2.58 pm on 15 February 2013.

Peggy Lee

The Branch has not sought to speak with a key person in this investigation, Peggy Lee, who was, at the relevant time, responsible for ensuring that entry permits were obtained. Ms Lee is no longer employed by the Branch­given the timing of her departure, and what appears to be the strong likelihood that she would be hostile to the current branch leadership, it was judged that contacting her would be unproductive. Nonetheless, the Statutory Declarations and documents examined show that:

• Ms Lee was one of the few employees inherited from the previous leadership;

• Ms Lee was on annual leave from 13 February 2013 to 6 March 2013;

• Ms Lee resigned her employment at about the same time that Ms Flynn began making allegations;

M ·S00778 1_1 OS

412

26 November 2013 Page 7

M r Chris Enright

Director, Regulatory Compliance Branch

Fair Work CommisSion

• It appears that Ms Lee, contrary to assurances she gave to Ms Asmar, at the outset, was politically involved

• A document discovered in the Branch offices shows that Ms Lee was rostered to undertake canvassing on behalf of the former leadership during the Branch elections. (Ms Flynn appears on the same list.);

• Ms Lee told Ms Asmar that the former Branch leadership had a list of answers to assist people undertaking right of entry tests;

• On the basis that Ms Lee was familiar with the process for obtaining right of entry permits, Ms Asmar assigned to Ms Lee the responsibility for assisting the industrial organisers obtain their right of entry permits. Ms Asmar did not ask Ms Lee to undertake right of entry tests on behalf of organisers;

• Mr Atkinson states that Ms Lee prepared forms for him to sign, did not tell him he needed to do a test but later told him that he had scored "1 00%'';

• Ms Lee was responsible for providing industrial organisers with partially filled out applications for ACTU training and, subsequently, forms for applying for the issue of an application for an entry permit.

Conclusion

While the Branch accepts that its investigation of this matter has not identified who undertook the Right of Entry test for Mr Atkinson or corroborated or disproved the claims made by Mr McCubbin and Ms Govan that they did not do their own tests, the weight of the evidence in relation to the remaining tests is not supportive of claims that other people were involved.

In weighing up the evidence, we note that:

• Ms Flynn, Mr McCubbin and Ms Govan, for various reasons, have differences with Ms Asmar. In this regard, as you are aware. Ms Flynn was a member of an opposing team in a very robust election process, Mr McCubbin had expectations that he would, in the longer term, have Ms Asmar's support for the position of Assistant Secretary and Ms Govan had her employment terminated part way through her probation period.

• As best we understand the allegations, Ms Flynn, Mr McCubbin and Ms Govan have no direct evidence in support of the claims that Ms Kitching undertook Right of Entry tests on behalf of others nor do they provide an explanation short of direct evidence which, if true, would decisively demonstrate the truth of the claims. None of the three make Statutory Declarations.

• You have Statutory Declarations from all current organisers, apart from Mr Atkinson, confirming that they undertook their own tests and a Statutory Declaration from Ms Asmar stating that she undertook her own test and did not give directions to Ms Kitching to undertake tests on behalf of others.

• An examination of Branch records showing the movements of people on 15 February 2013 and the ACTU records are inconclusive. As noted above:

1.1 SOJ7781_1 OS

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26 November 2013 Page 8

Mr Chris Enright

Director, Regulatory Compliance Branch

Fair Work Comm1ssion

• The ACTU records do not show someone obviously going onto a computer and then undertaking all the tests consecutively over a relatively short period of time;

• There are inconsistencies between the ACTU record and the recollections of the people undertaking the tests which cast doubt on drawing any inferences from the time of the test and the length of the test.

• The Branch does not have a capacity to simply go to a computer and ascertain from the computer who has used the computer to undertake the Right of Entry tests - Branch computers did not have user password access, hence, anyone could use any computer in the office. Furthermore, the computers used by the Branch in February 2013 have been replaced, hence, it is difficult to identify the computer used in particular tests.

• There are a variety of reasons why there are significant differences in the times taken by different people. The explanations include the level of familiarity each individual had with the Right of Entry process prior to doing the test, the individual's familiarity with using a computer to do an online test, some ind ividuals were interrupted during the course of doing the test, some individuals left the ACTU website open for considerable time, and some individuals undertook the test on more than one occasion having failed the test initially. We also note that the ACTU records show that some people answered the questions in the test in a few minutes. The people we have spoken to , who have undertaken the test, do not agree that the test could be undertaken so quickly. This is, we believe, a further indication that the times set out in the ACTU records are not reliable.

In summary, the Branch has reached a position where, apart from Mr Atkinson, Mr McCubbin and Ms Govan, it is reasonably satisfied that all the other tests in question were undertaken by the correct person. The Branch does not believe that, in the absence of new evidence, it can take this matter further.

Going forward

The Branch, for obvious reasons, cannot function effectively without its industrial organisers having right of entry permits. As you are aware, the Branch has a number of outstanding applications for right of entry permits. These are needed on the basis that the Branch has people employed who cannot properly undertake their organising duties. We trust that you are satisfied that each of these people have met the requirements of FWC for the issue of permits without their right of entry permits.

As to Mr Atkinson, the Branch regards him as a valued industrial organiser and does not wish to lose his services. At this stage, it appears that Mr Atkinson has acted on the basis of his own misunderstanding of his obligations and on the basis of receiving no instructions from Ms Lee as to the necessity to undertake the training and the test. The Branch's view is that Mr Atkinson has acted in ignorance and naivety rather than with a dishonest intent. On this basis, Ms Asmar will instruct Mr Atkinson to undertake the training and the test and remake an application. The Branch urges FWC to give favourable consideration to Mr Atkinson's renewed application.

We advise that Ms Asmar, Ms Kitching and Mr Donohue are available to meet with you to further discuss this matter if this would assist you.

M 5007781_1 OS

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Yours sincerely

, ' ~ Hoi ill~~~~

M.500778 1_1 OS

26 November 2013 Page 9

Mr Chris Enright

D1rector, Regulatory Compliance Branch

Fair Work Commission

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LYNCH, Sam

From: Sent: To: Subject:

Follow Up Flag: Flag Status:

noreply@online.tafevc.com.au Tuesday, 26 March 2013 10:15 AM online learning Awarded: David Eden-> Certificate of Completion

Follow up Completed

David Eden has received their certificate: 'Certificate of Completion' for Federal Right of Entry .

You can review it here :

http: //actu.trainingvc.com.au/ mod/certificate/ report.php?id=251

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TRANSCRIPT OF PROCEEDINGS Fair Work (Registered Organisations) Act 2009

MR CHRIS ENRIGHT MS INGRID FRASER

FR2013/404

FAIR WORK COMMISSION

S.331 - INVESTIGATION CONCERNING THE HEALTH SERVICES UNION­VICTORIAN NO. 1 BRANCH

INTERVIEW WITH MR DAVID EDEN

MELBOURNE

3.11PM THURSDAY 19 DECEMBER 2013

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MR ENRIGHT: For the purpose of the audio, Chris Enright is my name, I'm the director ofthc Regulatory Compliance Branch of the Fair Work Commission. The time is now 3.11 pm on Thursday, 19 December. Also present, if you could just introduce yourselves, please?

MS FRASER: My name is Lngrid Fraser, I'm from the Regulatory Compliance Branch.

MR EDEN: David Eden, president ofthe Health Workers Union.

M SHAW: David Shaw, solicitor.

MR ENRIGHT: As l've just briefly explained- thank you for coming down, by the way, it's a hot day- again, I've said this to other people, some people don't, you know, and I don't have any difficulty with it, might not think we mean it, but we generally mean it when we say thank you for coming along. We know that people are busy and we know it's not comfortable, we know that some people are anxious about, you know, anybody's anxious about anyone asking questions, so 1 just want to say we do appreciate it. If people didn't cooperate or didn't assist the regulators like the Fair Work Commission, then these things would take forever and that wouldn't be in anyone's interests, so I genuinely thank you.

As I briefly mentioned a moment ago, we are conducting an investigation in relation to some allegations made about the Victorian No. I branch of the HSU and specifically around financial issues and allegations about breaches of financial administration. Some of those have been publicly made, no secret about it by the secretary treasurer, Ms flynn, of the HSU, and broadly some other allegations have been made by two fmmer members of the HSU. The purpose of us inviting you today with Mr Shaw is to just canvass some of those issues and sec if you can assist the commission with its investigation. So you're okay with that?

MR EDEN: Yes, sure.

MR ENRIGHT: You understand why you're here and what it's about?

MR EDEN: Yes. Would you like me to sort of introduce myself?

MR ENRIGHT: That was going to be my next question. If you could tell me how long you've been working for Vic No. I branch of the HSU and in what role and how many roles you've got, because you are the president, and what sort of hats do you wear, could you just help us out?

MR SHAW: I think David just wants to sort of background himself a little bit.

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MR ENRIGHT: Please go right ahead. Please, feel free. If you think there's something that might assist the commission, we're all cars.

MR EDEN: I think it would help for you to know what sort of drives me as an individual and why I eventually threw my hat in the ring, I suppose, and ran for the president of the Health Workers Union. As a child, I was four years old, my father was crushed by a log in a saw mill and suffered some pretty horrific inj uries and was unable to work again, which forced my mother to rctum back to uni and become a school teacher. lt was quite unusual, 1 suppose, in the 70s to have a stay at home dad whilst mum, you know, was the bread winner. As the bread winner, she got jobs in regional towns around Ballarat, and we'd live in those regions, it was a great childhood.

But growing up my father always instilled in me and my brother, my brother and 1, that you should look out for those who are of a minority and protect those who can't protect themselves. My grandmother worked in the Ballarat Children's Home for 30 years, and there was a lot of people from an Aboriginal background ct cetera, and going to primary school with those people they would cop a hard time at school. My father seen it fit to get my brother and I enrolled in judo, and 1 was five and my brother was four, so we could certainly handle ourselves. We just looked after those who just couldn't look after themselves, whether they had a physical or mental disability or if they were of a minority cultural background, we made sure that they were looked after and protected, i f you will. It just become instinctive after a while.

One of my grandmothers was a - - -

MR ENRIGHT: One of your, sorry - - -

MR EDEN: One of my grandmothers worked in the Children's Home---

MR ENRIGHT: Yes?

MR EDEN: ---and my other grandmother was a nurse, and most of my uncles and aunties were nurses. Growing up, 1 didn't sort of think being a male and wanting to enter the nursing profession was anything unusual, and when 1 tumcd 18 1 enrolled to become a nurse at the Queen Elizabeth Centre in Ballarat and commenced my training and joined what was then the Hospital Employees Federation at the time, so 1 joined as a student. l become a state enrolled nurse, as it was back then, after 12 months of training and remained in the profession, and after a couple of years 1 started to get more actively in volved in the union and become a shop steward in about 1990.

That's because I could see other people being disadvantaged in the workplace, and just instincti ve in me I wanted to represent them and make sure that they were

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looked after. So I'd been an active shop steward, basically, from 1990, and in 1998 when Geoff Cannon took away payroll deduction and the union was pretty much decimated overnight, there was an approach by then Pauline Fegan, who was either officially or unofficiall y running the show here, and asked if I would come on, on secondmcnt to help them out to recruit all those individuals that had not rejoined due to payroll deduction being taken away, that right. I said, "Sure, no problem, I'l l come along and give you a hand for a whi le, so I went on for secondment for three months which was then extended by a further three m onths.

My employer at the time indicated that, "Look, what is it, Dave? Arc you coming back to nursing or are you goi ng to work for the union?" With that I sat down and talked with Pauline Fegan and indicated to her that I'd like to work for the union and went through the interview process, but I gave her a commitment of five years, and the reason why I gave her a commitment of five years is because I have no political ambition whatsoever and I feel, and this is just a personal opinion, that if you're out of the industry for a protracted period of time you start, whether willingly or unwillingly, los ing touch with the coalface, and l certainly didn't want to do that, so l gave a commitment of five years and 1 worked for a period of five and a half.

The extra six months was due to the fact that I had a lot of sick leave there and needed three knee recon structions, and I thought, "I'll get them seem to before I head back to nursing."

MR EN RIGHT: Not old football injuries?

MR EDEN: Judo. I did many years of judo. Whilst waiting for the un ion, I took over a region, which was Ballarat, Wimmera and the western district, and there was about I 20 members in Bal larat, and all up j ust under 1000 members across that particular area in 1998. ln five and a half years, 1 took the Ba llarat membership to over I 200 and had a huge shop steward network which they now call "sub branches", but I didn't know what they were called then, it was just instinctive of me to set these shop steward networks up and have their own newsletters and all that so1t of stuff go out. When I left the union, I left it with 2500 members in that particular region and l thought it was going in the right direction.

I returned back to the coalface, as I said I would, and I'll take you back. I was heavily involved in the - - -

MR EN RIG HT: In 98 you- - -

MR EDEN: Sorry, l returned back to the coalface in about 2004.

MR EN RIGHT: Ri ght, so after your - --

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MR EDEN: Yes. But when l was working for the union, look, we had an enterprise bargaining agreement pretty much across every industry that we represented, and I was heavi ly involved in the nurse/patient ratio as well with Wayne's World with Wayne Blair. Coincidentally, the last commission 1 was before, before 1 left the union last time, the first one - yes, it was before, on my return was - - -

MR ENRIGHT: Vaguely.

MR EDEN: ---Wayne's new (indistinct) look, I think he did a lot for the health industry, just on the side there. 1 was proud ofthe fact that we were heavi ly involved, produced a lot of evidence and fought very hard for those patient ratios. l wanted to just go back and test the waters and see if it was really working, and, yes, a lot of the issues that were present in the health industry when I left were resolved by the introduction of the nurse/patient ratio. So I worked back at Ballarat Health Services where I left from and stayed there for a period of four and a half years, and then I was wanting to get out of aged care after spending over about 18 years, J suppose in it.

1 wanted to try my hand in acute, and 1 got a position at St John of God Health Care in Ballarat, which was surpri sing itself considering I worked for the union, 1 cost them over 300,000 odd in various fines and equal opportunity hearings et cetera, but they gave me a job and I worked for them in their acute secto r and then in community based care, which was health choices. ln my role there, l wasn't just a division 2 nurse, I also specialised in wound management and I also went and do a lymphedema course and become a lymphedema practi tioner. I did that course because I recogni sed that 80 per cent of the wounds that I was treating were lymphedema related, and I actually did my training with three others at the time and we established our own business in Ballarat and we had our own shop and worked out of our own shop - our own practice I should say.

We were treating people as far as away as Warracknabeal in the Wimmera, those individuals unfortunately with cancer, but 1 was in a great place. 1 worked the best job I've ever had in my life in the community based care, my li st was my own, how 1 worked it was my own deal and I had exactly the roster 1 wanted and they treated me very, very well , and my lymphedema practice was doing very, very well also. When the corruption was announced and there was the announcement that there was going to be elections forced, my phone went crazy and 1 turned it off for a period of two weeks to really contemplate my future.

When 1 turned it back on the first person I contacted was Diana Asmar, and why 1 contacted her was because we ran in the previous elections together, and prior to those elections - - -

MR EN RIGHT: When arc we talking about now?

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MR EDEN: This was---

MR SHAW: 2009.

MR EDEN: 2009 was the previous election. We were introduced by Jane Gavin. Jane Gavin brought Diana Asmar to StJohn of God Hospital and introduced her to a person called Julie-Anne Mitchell, who's a shop steward there at StJohn's, and she also worked as an organiscr with us for a short period of time. ln fact, 1 was grooming her as my replacement but she couldn't handle the stress, and to this day her mobile phone will send off, like, a post traumatic stress episode so she doesn ' t even have her mobile phone turned up. Unf011unate, but it is a stressful job. I'm still in constant contact with Julie-Anne, but that's how I was introduced to Diana in the first place.

We sort of crossed over when I worked for the union from 98 to 2004. Diana worked over that period of time with the union as well, but being based in the country the only time I'd ever go into the city would be on our industrial day, and she'd sit on one side of the room and I'd be on the other and we might have said g'day a couple of times as we passed each other in the passage, because she was out there doing the right thing by her membership and I was out there doing the right thing by my membership, so really didn't see each other. The real introduction took place at StJohn's on that day, because Julie-Anne was be.ing approached to run on Diana's ticket on the branch committee of management, and Julie-Anne rang me and she said, "This is the guy you need to be talking to," and that's where we introduced each other and we ran for the first time together, but we were unsuccessful.

When I contacted Diana when it was announced, she sort of said. "I was expecting your call," and she goes, "Arc you going to run?" I said, "I'll run if you want to run," and she said, "Yes, no, look, I want to run," and she asked me what pos ition I wanted. I said, "Well, I want to be involved in fixing this union, but I don't want to be paid for it. I want an honourary position within the union, thinking, well, somewhere on branch committee management, like l did last time, and she then indicated to me that, "Well , the president's position is an honourary position. Do you want to run for that?" And I said, "Yes." Why? Because I wanted to be involved in fixing this union, and yet I was in the best job I've ever had in my life and getting a business up and running at the same time, it was a huge decision and I felt that I couldn't do a paid position within the union as well as committing to my partners in that business and continue to focus on nursing.

After we were successful in the election - and the reason why I ran is because the union had been abandoned, there was no-one there to look after us - and in the eight years that I had been absent l had seen an organiser once. That was further cemented by the fact that when we decided to run for the election I did the old fashioned door knock, and I door knocked over a third of Victoria. I drove to every single small town across Victoria, 1 drove 120 kilometres to knock on one door in Rainbow or Jeparit. You know, I knocked on every single door and the

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story was the same, "David, where the hell have you been, we haven't seen anyone s ince you left."

When I got to Mildura- every day after work I'd door knock the Ballarat region, and every day off I would travel further out, and 1 used all of m annual leave to then travel out throughout the Wimmcra, the Mallee, the Mildura region and the western district, and that's what I did. These holidays I'm here, first lot of holidays I've had for over two years because 1 door knocked everywhere, and the story was the same. When we got up to Mildura, I found out why everywhere in the middle was getting neglected, and one of the members was saying that she cleans houseboats. What would happen, because all the officials would fly up to Mildura on mass, cause all kinds of havoc, and then drop back to the houseboat for the rest of the week and then fly home, so that's why everywhere in the middle hadn ' t seen anyone for eight years.

When we were successful with the election we delved further into how far this corruption actually ran, and we were quite disturbed with the fact that the corruption was systemic throughout the organisation, it wasn't just the officials it was also the employees there that were wroughting the system and blowing the members' money, and we weren't happy with it. Many of them decided to leave with an offer of their entitlements ct cetera. Of course, that gutted the uni on and we didn't have the organisers on the ground, and 1 made a huge dec ision to come back on a temporary basis to assist Diana to get things up and running properly.

I used my old network where we had shop stewards in place in regional Victoria and asked them to come back and give us a hand, and some of the people who come back and worked for us in regional Victoria were country organisers in the past. Lee Atkinson worked for us in the past, and he was a fantastic guy, he worked very, very hard for the membership. Steve Mitchell as wel l out of Echuca, everyone just loves Steve Mitchell, and he agreed to come back and help us as wel l. None of these people have agreed to come back on a pennancnt basis, but they wanted to be involved in fixing this union as well, and then there was a number of shop stewards I also approached.

From the election period in January, I hardly set foot back in the office, my role was out there training up the organisers and getting member's issues addressed and fixed, because they were just crying out for help. I spent a period of a couple of months training up Darren Rowe, and in the process we identified a bloke in Bendigo called Brett Hay, and Brett Hay is j ust an absolute gem. He's from the disability sector, but hasn't worked in disability for long enough to have crushed his knowledge about what's right and what's wrong. He's a plumber by trade but worked in disabi lity, and we identified him and brought him in as well as an organiser and 1 set to work training him up as well.

I suppose what I've seen in my role since l've returned, a lot of it has been dedicated to training up staff. We've endeavoured to try and get as many people from the industry as we can, and have a real cross-representation in the industry as

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well, and have organisers in regiona l Victoria, for example, that haven't existed s ince I left who live in those communities to service those communities. W e re-established ourselves in Ballarat, in the Ballarat Trades Hall, Gcelong Trades Hall, and we're endeavouring to set ourselves back in Bendigo Trades Ha ll, 1 just don't have the room the room at the moment.

Members' issues are getting addressed. There are a lot more issues o ut there that need to be addressed, but whil st our attention is here it has affected our ability to address other issues because we've got organisers without right of entry permits and things at the moment who arc teamed up with those have right of entry permits, and I understand that's going to be rectified this week, which will be of great benefit to us. That's my background, that's basically what drives me, that's my involvement in the union. J worked on a temporary basis- --

MR ENRIGHT: From where?

MR EDEN: Out of Ballarat.

MR ENRIGHT: From January?

MR EDEN: Yes, onwards. I left my employment- --

MR ENRIGHT: So what does "temporary employment" mean?

MR EDEN: 1 was basically there for what l considered three months.

MR ENRIGHT: So full-time temporary, you mean.

MR EDEN: Yes. As l said, I've been in the union, I've done the organising work, I've been there, done that, and , as I said, 1 was very happy with my nurs ing role and my practice that was getting up and running, but this work is ongoing and some of- I've always been - l always jokingly say, "l'm an ideas man," but there's so many things that are wrong with the industry that really needs someone from the industry to know how to address, I suppose. Look, I can come up with the ideas, I just need the expertise sometimes to come in and say, "Okay, this is how you implement it." For example, I sec one of the major problems with the disability and aged care sector can be easi ly fixed through having an industry long service leave fund where people's long service leave is portable.

Where you've got employers that are going broke and our members aren't getting their rightful entitlements, then those sorts of things are protected, and it also allows our members to move from employer to employer, so where they arc, possibly getting treated as they should be, and workplace bul lying and harassment is rife in the industry, people arc going to stick it out. Say if they've been there for eight years and they're getting an absolute flogging from their employer in relation

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to bullying, they'll stick it out, they will, they'll stick it out for another two years just to get their long service leave and then walk.

If there is a long service leave fund, then it would improve, I believe, the whole industry because people wouldn't stay in that s ituation, they would move onto the next employer because they're going to be treated and they're go ing to be paid appropriately. This is pie in the sky, this is something I feel 1 need to be in volved in , this is why J'm back, 1 want to address what is wrong with aged care and disability. This is me, I was training the organisers, I was then asked - we seen that we had a deficiency with the - the fact is that the organisers were getting a lot of phone calls and they were simple award and enterprise bargaining agreement related questions, that if somebody was in the office capable of answering those questions it would drop off the workload of those particular organisers.

That role was always typically done by an infonnation officer, and our information officer was Peter Ellison when 1 worked for the union last time, and he was like a walking oracle that man, he was amazing. Because I have very good knowledge of the awards and the enterprise bargain ing agreements and how they interact, they just said, "Well, that's a really good role for you to take on. We'll create a position and advertise it and if you want to apply for it, David, apply for it, otherwise we'll appoint someone else." It's a role that needs to be filled, so the position was advertised, 1 applied for it and I got it.

That position really hasn't come to fruition because Leonie has gone off on WorkCover, and we've got many, many aged care agreements that have expired. As I've probably got a bit background in aged care as well as experience in negotiating enterprise bargaining agreements, I was asked if 1 would mind going over there and keep those enterprise bargaining agreements ticking over, and that has been my focus for the last few months and it's absolutely killing me. We could be having up to six enterprise bargaining agreement meetings per day with different employers. Thankfully, the AMF have had their offices avai lable and the employers have been coming in to us.

For us to try and get out to a ll these employers, we just wouldn't be getting through the sheer volume. When 1 was asked to take on the role, l believed that there was one enterprise bargaining agreement that had been signed off on in principle, and I took on that position in July, and since July I think---

MR ENRIG HT: Took on what position?

MR EDEN: Negotiating the aged care enterprise bargaining agreement.

MR ENRIGHT: So your role hasn' t changed. Can ljust get this clear. Ln January you started what you describe as a temporary role as the information officer?

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MR EDEN: No, as an organiser.

MR SHAW: Training the organisers.

MR ENRIGHT: I heard you say "training the organisers".

MR EDEN: And training the organisers, yes.

MR ENRIGHT: And then since that time you said there was a position advertised for an infom1ation officer.

MR EDEN: Once those organisers were trained, a position for the information officer came up and I applied for that. As 1 said, that really hasn't come about as yet because of the fact that Leonie went off on Work Cover, so I've been filling in over there whilst she's off on WorkCover, that's from July. Prior to my commencement there, I think there was one enterprise bargaining agreement that had been signed off on in principle, and l'm pretty sure there's now well in excess of200.

MR ENRIGHT: Okay. That's good. Thank you.

MR EDEN: That's what I've been doing.

MR ENRIGHT: Good. Thanks for that, that's helpful

MR EDEN: Another bit of background infonnation is that 1 have not even participated in a committee in the official capacity or just as a general member at the local kindergarten or school or sporting club or anything, so when I was elected as the president and took over the chair of branch committee management it has been a huge leaming curve for me, and it's a continual leaming curve. I've been lucky enough in recent months to go along to the national exec meetings and see how Chris chairs the national office, and that has been so valuable for me to leam to actually run the committee how it ought to be.

Having said that, the branch committee management is a very relaxed environment. 1 don't see any factional stuff. It's everyone has an opportunity to speak and they're allowed to speak and things are thoroughly explored, that's why our branch committee management meetings can take, you know, three hours or more.

MR ENRIGHT: Okay. I'll ask you something about that. The elections are in December, so from December 2012 you took up your role as the president and you automatically take up the role as the chair of the branch committee. Is that the case?'

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MR EDEN: Yes, that's right.

MR ENRIGHT: There was one meeting in December. Have you been to all the branch committee meetings that have been held?

MR EDEN: Yes.

MR ENRIGHT: Okay. I just want to go back to that first meeting because there's a couple of issues, and I'm trying to sort of go through one issue at a time.

MR EDEN: lt was almost an emergency meeting, that one in December, because when we walked into that office there was not one document that was left there, the entire contents of that office had been shredded, the computers had been wiped, the cars had been damaged to a point where we could not drive them. A wheel fell off on one of the staff and she almost had an accident, Darren was driving with his cruise control that wouldn't disengage and he almost had an accident. The damage to that place was just phenomenal, so in December, yes, we had an emergency type meeting. The administrator, he was there, and Chris from our national office was also invited down.

MR ENRIGHT: So the administrator attended the first BCOM meeting with Chris Brown?

MR EDEN: Yes, where we begged Chris for help. We want help wherever we can get it.

MR ENRIGHT: Okay. All right. Let me just get to some of the specifics from that meeting. The audit and compliance committee- --

MR EDEN: Yes?

MR ENRIGHT: - -- at that meeting there was an audit, as I understand it. There was an audit and compliance group formed. Can you remember that?

MR EDEN: I don't know if that was actually formed in December, was it?

MR ENRIGHT: According to the minutes it was.

MR EDEN: Okay. I knew it was very early on, but 1 couldn't remember exactly which meeting.

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MR ENRIGHT: According to the minutes, it was formed by - and I can't remember all the people but I'll have it in here - including Pat O'Brien was one of the people as part of the committee, and then there was a change later on. I'm just interested whether you have any memory of that.

MR EDEN: I know that the committee was formed, and I was actually nominated, I think, as the chair of that committee at the time, which J felt a little uncomfortable about, and J basically agreed to chair the first meeting to establish how the meetings will be ran in the future and my position there would then be defunct, there would be a chair officially appointed and all the rest of it, and that's the end of my involvement in that. I may have attended - no, I don't think I've attended one since, that was it.

MR ENRIGHT: You think you attended one meeting?

MR EDEN: From memory, I think l attended the one meeting. Why I think it was later, there was some tender documents in relation to - there was some tender documents that came in, in a tender box -- -

MR SHAW: Chris is actually taking you back to December, and he's asking you whether or not the committee was formed, and you don't remember that.

MR EDEN: I don't, no. Maybe it was formed there and the first meeting was in the new year. Maybe that was - - -

MR ENRIGHT: We've been told- one ofthe basis ofMs Flynn's complaints is that the committee was fonncd including Patrick O'Brien, and then she alleges, I'm not saying there's anything right or wrong about it, she alleges that it was inappropriate reformed to remove Patrick O'Brien and entered another person by the February BCOM.

MR EDEN: Where it was formed was in December---

MR ENRIGHT: December.

MR EDEN: ---and the next meeting was in February?

MR ENRIGHT: The next meeting was in January, but there was an issue that couldn't be resolved then and it was adjourned off.

MR EDEN: My recollection is that not everyone had an understanding of what that committee was actually about, and not everybody therefore who wanted to perhaps participate on that had the opportunity to actually nominate and say, "I'd like to be on that pa1ticular committee, the finance committee," and that l think is

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when we then revisited that situation, because there were other people on branch committee management that would have liked to have patticipatcd on there.

MR ENRIGHT: l'm just trying to deal with these discreet issues, which is why I'm dealing with this. Ms Flynn, her complaint is that you and the secretary were part - and she actually sets out in her statement that this is a breach of the rules because you and Ms Asmar, you and the secretary, were and continued to fonn part of that compliance committee.

MR EDEN: We certainly haven't continued to be pmt of that committee. Well, it may have been established in December. This is a long time back - --

MR ENRIGHT: Of course it is, I understand.

MR EDEN: ---and there's been a lot of water go under the bridge since then.

MR ENRIGHT: I'm asking you on the basis of your memory, so you understand.

MR EDEN: It may have been formed hastily in December where not everyone had the full understanding what the committee was, and it was really visited in January where other people actually put their hand up and said, "I'd like to be a participant in that." I have a recollection that I chaired the first one, but it was only to get that meeting up on -that committee up and running. I couldn't wear two hats, one on branch committee management and another one on the finance committee.

MR ENRIGHT: The response provided on behalf o f the HSU in relation to this complaint by Ms Flynn is that whi lst you and Ms Asmar- because the ru les say­are you familiar with the rules?

MR EDEN: In December when we walked into that mess, not as fa miliar as what I am now. I try and have a copy of the rules in front of me. 1 worked with a solicitor for four and a half years when working with the union last time, I used to be able to recite every award off the top of my head right down to th e clause word for word, and then when enterprise bargaining agreements came in, I said, "J'm confused." She said, and this is the advice she gave me, "It's sometimes better to know where to find the answer than to know the answer," and that's how I've lived my life since. I try and carry that so 1 don't need to know the rules, J just need to know where to find it.

MR ENRIGHT: Okay. On the basis of your memory, you may be able to answer this question. Ms Flynn alleges that both you, the president, and the secretary were actively involved in the audit and compliance committee, and that's a breach of the rules in her allegation. What you seem to be saying is that you possibly have chaired one meeting because of the lack of knowledge or something.

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MR EDEN: Yes.

MR ENRIGHT: Is that your recollection of your involvement in the audit---

MR EDEN: 1 think I've chaired the first one, and 1 think in the meantime we might have even got some recommendations from Fair Work AustTalia in relation to the committee and how it's made up.

MR ENRIGHT: Yes.

MR EDEN: That's basically what we introduced.

MR ENRIGHT: Do you have a clear memory? Arc you able to sit here and say now that you have not actively participated in other audit and compliance committee meetings?

MR EDEN: I think in December there wasn't an audit and compliance committee meeting, it was branch committee management where we tried to establish it, rightly or wrongly. lt must have been the January one that 1 chaired, and my recollection is that's the only one I've chaired, I haven't even sat in on another one, that's all.

MR ENRIGHT: No problem. Okay. All right. Can I just move to some allegations by Ms Flynn about breaches to the specific rules. What she says is, in effect, that the rules allocate cetiain roles and responsibilities to her as the assistant secretary treasurer and others responsibilities to the secretary. Specifically, she alleges, and I'm going to the BCOM here because of your role, the president, the chair of the BCOM, specifically she says that the BCOM has given directions to the secretary to perfonn her functions, and she cites a number of examples of that, including purchasing vehicles, obtaining quotes for ­provided examples, and the allegation is that, "BCOM directed the secretary to perfonn my duties, which is a breach of the rul es." Do you understand the allegation?

MR EDEN: I do, yes.

MR ENRIGHT: And she cites some instances, and she turns to the BCOM minutes of 6 May, where it says:

The secretary noted various safety concerns with the building, including live wires, issues with lighting and other electrical problems, and the secretary requested permission to pursue urgently three quotes for the work and pursue the best option. Motion to approve, the secretary obtain three quotes for electrical and safety compliance for the building and any vvork to be done.

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Then it says, "Move by Ms Gregor, seconded by Andrew (indistinct) Ms Flynn cites that as an example of the BCOM breaching the rules by allocating fin ancial responsibilities to the secretary that should have been allocated to her, in her view. Have you got any thoughts about that?

MR EDEN: My main concern is the health and safety of thc staff there, and we've got to have compliance with the Health and Safety Act as well. lfwe've got live wires exposed, which is exactly what we had there, and we had vehicles that were totally unsafe, then those s ituations needed to be addressed with the utmost urgency to provide a safe work environment for our staff. If branch committee management endorsed that, then they endorsed that. We needed to get it addressed really, really, quickly.

MR ENRIGHT: I'm not disputing that.

MR EDEN: The office was falling apart, things were ripped out of the walls, there was live wires hanging out everywhere, we needed to get thi s place safe, people's lives were at risk.

MR ENRIGHT: I understand that. What I'm putting to you is Ms Flynn's alleging the BCOM's breaching the rules by allocating financial responsibilities to the secretary that should have been allocated to her, and I'm just wondering whether you want to respond to that.

MR EDEN: As an employer, under section 21 of the Occupational Health and Safety Act, we've got an obligation to provide a safe work environment for our staff. I suppose that was our major concern at the time, was to provide a safe work environment for our staff. There were no health and safety policies, as I said, there was nothing in there and it was a dangerous work envi ronment.

MR SHAW: Did Leonie pipe up and say, "This is my role"?

MREDEN: No.

MR ENRIGHT: I hear what you're saying in relation to the occupational health and safety, and of course I agree with that. You would accept, I wou ld think, that if there are rules then you would be, as the BCOM, expected to comply with those rules. Would you agree with that?

MR EDEN: Leonie certainly didn't raise it as an issue at the time, as far as I'm aware. Diana Asmar took it upon herself to ensure a safe work environment for her staff, and the branch committee management endorsed that.

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MR ENRIGHT: Okay. Maybe I should ask that again. In relation to the rules, if the HSU rules set out certain requirements, would you agree or not that the BCOM is obliged to comply with those rules?

MR EDEN: Yes, they are obliged to comply with the Health Services Union rules.

MR EN RIGHT: I'll just ask you as a broad, general question: are you aware of any breach of the rules by the BCOM by directing the secretary to perfonn the financial duties of the union that should have been performed by the assistant secretary treasurer? Maybe I wasn't clear about that, should I rephrase it?

MR SHAW: You put a specific allegation which is in relation to the repairs and a specific allegation in relation to the car. I'm not sure whether it's the fleet, as to whether they're putting a more general allegation, which is: was there a general direction to the secretary to do the role of the assistant secretary. Was that the question?

MR ENRIGHT: That's probably a simpler way to put it. More generally, are you aware of the BCOM directing a secretary to perfonn the financial duties that should have been performed by the assistant secretary treasurer?

MREDEN : No.

MR ENRIGHT: No? Okay. Can I just move to the remuneration and appointment of staff issues? The rules in relation to that, you have an employment policy - - -

MR EDEN: Yes, we do. Yes .

MR ENRIGHT: We've had people here about their employment policy - sorry, their employment, and it seems to me you might fall into that category where p eople have been employed on a temporary basis and then applied for an ongoing position et cetera.

MR EDEN: Yes.

MR ENRIGHT: As a member of the BCOM and as the chair of the BCOM, can you describe what the process as far as you're concerned is and your knowledge of people's employment and appearing before the BCOM, I'd like to hear you - - -

MR EDEN: Do you want my own personally recollection of how I---

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MR ENRIGHT: Not necessarily you, J'm more interested in -- -

MR EDEN: --- went through the interview process, because mine was exactly the same.

MR ENRIGHT: I'm more interested in your role as the BCOM chair, because the BCOM ultimately have got to approve the appointment

MR EDEN: The appointments, yes.

MR ENRIGHT: - - - and remuneration, so I'm just interested in what your understanding of that is from being the chair of the BCOM.

MR EDEN: A structure or a draft structure was put forward to branch committee management as to how we thought he intemal runnings of the union as well as the organisers, industrial staff, in an ideal world this is how the structure wo uld be set up, and that was al presented to branch committee management and endorsed by branch committee management. lt was pretty early on in the piece, and the re were also amounts, as in remuneration, attached to each. There was no names, as such, it was just positions within the organisati on what we d eemed that we needed to ensure that this union ran and ran properly.

Some of those positions even now possibly aren't filled. Because of the reputation of this union, we found it very difficult to get a lead industrial officer, for example, so it still s its vacant a lthough we've got it on the fl ow chart. In an ideal world, that's where people should be sitting and what wages they should be on etcetera, but that's the example of where we still haven't fill ed all of our positions, and that was endorsed by branch committee managem ent. Diana Asmar and the other relevant people from within the office that need to be involved in the interview process interview staff, and from there they wi ll narrow it down to a point before they will present it before branch committee management where they could talk about who they were, what their background is, what their knowledge is of the industry et cetera, and branch committee management endorse their position .

MR ENRIGHT: Okay. So what was, as far as you're concemcd, the role of the branch committee in that process? By al l means, usc yourself as an example.

MR EDEN: As l said, 1 come on in emergency sort of s ituations for a period of three months, still am, and after that period - what you've also got to appreciate, we couldn't even get access to our finances, we couldn't even pay anyone, we had nothing, we had no courage to even get into our banking detai ls. When we finall y got oursel ves into a position, I suppose, to be able to offer people permanent positions and go through that process and the interviews, I put in my resume as did everybody else that was in there that wanted to continue on from a short term

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basis onto a pe1manent basis, we went through an interview and then branch committee management were introduced to us, if you like, and endorsed that.

I think as ofthree weeks ago, I'm now a permanent employee of the Health Workers Union, my trial period is finished. Okay, so everyone had a trial. period as well, so it's - - -

MR SHAW: Probationary period.

MR EDEN: Probationary, yes. My probation period finished, I think, only---

MR ENRIGHT: Maybe if I could ask you to comment or respond, if you would, if you can, to the allegation that Ms Asmar would appoint someone, she would decide their terms and conditions, salary and any terms and conditions, and that they would walk into the branch committee meeting and simply be introduced.

MR EDEN: No, that didn't happen. In fact, as 1 said, branch committee management agreed and endorsed the structure of the Health Workers Union prior to any pennanent appointments being made by branch committee management.

MR ENRIGHT: That's quite helpful. Thank you. The allegation goes further to say that, "Nobody on the branch committee had any idea what people's salaries, terms or conditions were."

MR EDEN: No, that was incorrect. The flow chart that was presented to branch committee management also had what their remuneration would be, and that was lined up with I think it was the office administration section of the award, I think, off the top of my head.

MR ENRIGHT: And were these ranges or were these -- -

MR EDEN: Yes, they were. For example, there might be an admin worker, you know, with a particular classification, you know, a particular grading, and that was the position, so there could be a range depending on industry experience as well . I suppose years of experience might affect where they come in on that pay scale. So it would have been just a: this is the classification rate, but, as 1 said, if they've got- like me, I've got 26 years industry experience; I wouldn't be coming in at first year experience, for example.

MR ENWRLGHT: So who would determine that?

MR EDEN: I would probably come in at three or five years experience depending on what- that enterprise bargaining agreement. Because we work in line with the public sector enterprise bargaining agreement.

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MR ENWRIGHT: Sure, but who would detennine- if the range was, l don't know, and 1---

MR EDEN: Well, it's just years of experience.

MR ENWRIGHT: I know, but who would determine- if the range is 80 to 120-I don't know, there's a document somewhere with ranges, but if the range was 80 to whatever you want to say, 80 to I 00, 80 to 120, whatever, who would detennine the position on that spectrum?

MR EDEN : I suppose it would go back to- it would be reflected in the enterprise bargaining agreement as to their levels of responsibility, accountability and years of experience, all that sort of stuff.

MR ENWRIGHT: But who from the HSU would determine where they fell on that scale?

MR EDEN: Well, it wouldn't be detennined by the Health Services Union, it would have been determined by the enterprise bargaining agreement.

MR ENWRIGHT: So if the scale goes from -let's pick 80 to I 00---

MR EDEN: Yes.

MR ENWRIGHT: ---for the range.

MR EDEN: Yes.

MR ENWRIGHT: All right? Use yourself as an example, ifyou like.

MR EDEN: Yes.

MR ENWRIGHT: Who determines where- the enterprise bargaining agreement won't determine where on that scale that person's salary is.

MR EDEN : Well, when I was working as the organiscr, for example, 1 was on exactly the same rate as every other organiser. So it was basically, you know, this is the lowest denominator, but I don't know what everyone else gets paid, it's not my job to l<Jlow that, but I know that Dancn Rowe staJied at the same time as me and even though I've got a lot more industry experience, I was on exactly the same rate of pay as him because we wanted to get the lowest possible denominator. We knew financially we need to be running on a shoestring budget, and Diana and I

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actually had a bit of a discussion as to where we believe people's wage rates should be coming in at, and we looked at what people are getting paid in the industry and what it would take for us to be able to get people to come across to work for us, and they're certainly not going to come across and work for us. I worked a 7.6 hour job and now I'm doing 14 hours a day for less money than what I was earning as a nurse, so what was I earning as a nurse? That's pretty much where my rate of pay was matched in, so they matched what I was eaming as a nurse.

MR ENWRIGHT: Okay.

MR EDEN: And that determined everybody, all the other organiser's rates of pay, pretty much, too. You know, we're not going to have any preference here; everyone who is doing the same job gets paid the same rate of pay, and that's pretty much how it was said.

MR ENWRIGHT: In your role as the chair of the BCOM, do you have any discussions or recollections of matters of association being brought to the attention of the BCOM, and when 1 say "association", are you familiar with the employment policy, and it's referred to in the HSU response about the employment policy that says:

!fan applicant is recommended by the selection panel and is related or associated with an official or an employee of the union, the recommendation for employment must be approved by the branch committee in writing.

Have you heard that?

MR EDEN: Yes.

MR EN WRIGHT: Yes. My general question is: were the BCOM made aware of any, to your knowledge, any circumstances where applicants were related to or associated with an employee or an official of the union?

MR EDEN: Rel ated to or associated, I don't believe that there is anyone employed there that is related to or has an association with an official - - -

MR ENWRIGHT: All right, I'll give you an example. So if Mr Sherriff, for example, was on Ms Asmar's election, 1 don't know, whatever the tenn is, team, is that a fair - - -

MS FRASER: Ticket?

MR ENWRIGHT: No, not ticket, team.

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MR EDEN: No, he was---

MR ENWRIGHT: Part of her campaign?

MR EDEN: Yes.

MR ENWRIGHT: Yes.

MR EDEN: Dean Sherriff was part of the campaign - - -

MR ENWRIGHT: Yes.

MR EDEN: ---if that was the case, is there an association? What do yo u detennine as an association, I suppose. Is there any, you know, financial association? I don't believe there would have been any financia l association . Did she know Dean Sherriff? She probably did know Dean Sherriff; she would have met him during the campaign, if not before. 1 don't know. I met Dean Sherriff, personall y, after our successful election, that's when l first met him. That was at the barbecue.

MR ENW RIGHT: Yes.

MR EDEN: Yes.

MR ENWRIGHT: Well, there are examples ofMs Asmar's f01mer EA from the City of Dare bin, for example. Would you consider that to be an association?

MR EDEN: I suppose put it thi s way: I've grown up in the country, working country towns, predominantly dealing with country members' issues. Is it unusual to have a relative or someone e lse you know working beside you? No, it's not. 1 worked with my own brother for fi ve and a half years in the A TS earl y in Ballarat. It's not unheard of or unusual. Certainl y, yes, 1 suppose what is an association, l don't know where, you know, is there a financial association or a direct relative association? I can understand that, but people have worked together, is there an association? I don't know. Would you detennine that as an association? Look, honestly, l don't know -- -

MR ENWRlGHT: Well , l'm not going to- l don't make any judgments about it, but what l do know is that Mr Shen·iff was part of Ms Asmar's election campaign, Mr Donohue was part of Ms Asmar's election campaign, and I'm asking you- all right, let's move away from those individuals. As far as the BCOM is concemed and your role as the chair of the BCOM, can you remember any issues being raised with the BCOM about associations, whatever that means, or relationships with people in the circumstances that I've just read out? So, in other words, did

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Ms Asmar come along to, as far as you're concerned, do you have any knowledge or recollection of Ms As mar coming a long with any potential employee and saying, "I'm previously associated with this person," or, "I worked with this person," or anything of the kind?

MR EDEN: Not to my recollection.

MR ENWRIGHT: Okay.

MR EDEN: I'm not saying never, but that's my recollection.

MR ENWRIGHT: An issue has been raised with us about- and this is addressed again in the 1-ISU response about predetermined motions at the BCOM, and it's touched on in the response from the HSU. Do you have any knowledge or can you assist us in relation to- if there being any predetermined motions, and if there arc, what - - -

MR EDEN: Do you mean like a meeting, unofficial meeting for branch committee management? ls that what you're saying?

MR ENWRIGHT: No, that's going to be my next question, but just in relation to motion, predetermined motions, they can be written, they can verbal, whatever, but generally they would be written, I'm guessing, I don't know, I'm just asking what do you know, if anything, about predetermined motions.

MR EDEN: Well, sir, I don't pass any motions. I sec people put motions up and I see people, you know, second them and people vote on them, and, to date, in branch committee management, I haven't even had to use my casting vote, it's always been - - -

MR SI-IA W: Do you know what Chris means by "predetermined motion"? mean, 1 think what he's driving at is: does anyone come into the meeting with a piece of paper which has got tcm1s of the motion written on it, typed up, you know, "This meeting will -- -"

MR EDEN: No.

MR SHAW: "---adopt a particular''- you know, "This meeting hereby endorses, you know, this particular EBA, or something like that.

MR EDEN: Someone might come in -I'm not saying they have, but someone may come in with something they would like to have passed as a resolution and have it drafted up.

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MR SHAW: Reall y, it just seemed to be one more innocuous allegations.

MR ENWRIGHT: If you can assist us, by all means; if you can't assist us ---

MR EDEN: l think---

MR SHAW: The parliament does actually pass bi lls which arc predetermined pieces of paper. I don't know how many committee meetings you've been to, but if you've never been to a committee meeting where someone has to come along with a pre-typed motion - - -

MR EDEN : I don't know how-- -

MR SHAW: ---then you haven't been to many meetings.

MR EDEN: I don't kn ow how many times, but I will keep repeating it.

MR SHAW: L don't know how many motions I've prepared for the Police Association where the Police Association, might have been your union - - -

MR EDEN: It was for a very long time, a very long time.

MR SHAW: And there's nothing wrong with that . What it does is allow people to, you know, have a c lear idea of what it is that they're voting on as opposed to sitting in the meeting and trying to draft up a motion.

M R EDEN : Dra ft up a motion, yes.

MR S HAW: Which is intended to pick up cc1ta in legal obligati ons.

MR ENWRIG HT: Okay. Let me say, and J'll keep repeating it, and I'll probably have to do some more: these are allegations being put by others.

MR SHAW: Well , some of them are j ust a bit sil ly and that one is sort of ---

MR ENWRIGHT: Well, let me---

MR S HA W: That one really is - that one is down the very s illy end.

MR EN WRIG HT: All right. Well , let me j ust- well , let's move on in a minute, but the HS U quite helpfully, response, and I thank my colleague here for this,

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"Ms Flynn alleges that Ms Kitching is the author of predetermined scripted motions written for BCOM members to move." Can you assist the commission in relation to that?

MR EDEN: No.

MR ENWRIGHT: Okay.

MR EDEN: Not to my knowledge. As I said, people make - because they carry a lot of paperwork, they may have already drafted something up they want to propose as a motion in branching new management. That's their prerogative.

MR ENWRIGHT: Okay. We were going to touch on -or you were going to touch on pre-meetings. The other allegation that's been raised with us is that members of the BCOM, and I'm not saying you, but maybe, 1 don't know, meet in pre-BCOM meetings to the exclusion of some members for particular purposes. Can you assist the commission in relation to that?

MR EDEN: J have met before branch committee management meetings, usually over breakfast or brunch, with members of branch committee management, usually those who have travelled in from the country areas and - - -

MR ENWRIGHT: Who would they be?

MR EDEN: --- staying overnight.

MR ENWRIGHT: Who would they be?

MR EDEN: Deni se Gregor, for exampl e and usually Lance would come in and not have breakfast before we go, because he doesn't stay overnight, he travels in, in the early hours of the morning on the bus, but it wouldn't be just restricted to-- -

MR ENWRIGHT: Comes down from the bus, does he?

MR EDEN: Comes down from Albury, Wodonga.

MR ENWRIGHT: On the business?

MR EDEN: Yes, he won't stay, either, he goes back.

MR ENWRIG HT: Yes.

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MR EDEN: Yes, very rarely. Or train, whichever---

MR ENWRlGHT: Lt doesn't matter.

MR EDEN: Yes, it doesn't matter, but he comes a long way and he's hungry when he gets there.

MR ENWRIGHT: Yes.

MR EDEN: But having said that, it's not restricted to just, you know, the country people that have been staying or that have come a long way. Yes, we sit around and have a relaxed meeting before we go in to have branch comm ittee management meeting.

MR ENWRIGHT: Okay. So the allegation is that others are restricted or prevented, or excluded from those meetings, others being the other members who weren't on Ms Asmar's ticket, for example.

MR EDEN: Pat, for example, he travels down and back.

MR ENWRIGHT: Was he pa1t ofthcsc prc-BCOM meetings?

MR EDEN: No, he arrives just right on time, parks his car, has a branch committee management meeting and leaves, so he never, you know, he's never been there, Leonie has never been there, and - - -

MR ENWRlGHT: Mr Morry?

MR EDEN: Mr Morry, no, he's never been there, either, but having said that, there's other people who arc on our ticket, if you like, that haven't been there, either. You know? ltjust depends on who wants to come down for breakfast.

MR ENWRlGHT: Thank you.

MR EDEN: And can I say at this point that Pat has been an invaluable resource for me as the president conducting these branch committee management meetings as well because he's got many years of experience on branch committee management and he's quite often guiding me and assisting me in my role, and l'm very grateful for that.

MR EN WRlGHT: Good, it's good to have - you're o nly as good as - I keep saying, you're only as good as the people around you, I keep saying that.

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MR EDEN: Yes. I guess what I'm saying is, you know, it's a very relaxed branch committee management. 1 don't see that there is a faction, as such . There's one person who causes a I ittle disruption, and that's it. You know? Otherwise, everybody else- Pat has put, you know, motions and we're all -you know, if it's relevant, then we're more than happy to second it, endorse it, he's more than happy to move motions in favour of what we've proposed and, you know, it's all- it's this one individual.

MR ENWRIGHT: Okay. Ms Flynn complains about and some ofthc minutes refer to her complaining about Ms Kitching's role in the BCOM and in the compliance committee. As the chair of the BCOM, can you tell me what your understanding is of Ms Kitching's role and whether it's changed? Let me go back. When did you first meet Ms Kitching?

MR EDEN: Ms Kitching I met shortl y after we got elected, from my recollection. Yes, it was shortly after.

MR ENWRIGHT: What was her role?

MR EDEN: Well (indistinct) L thought in an advisory sort of capacity, but 1 suppose, like the rest of us, she was there as a short-term appointment until structures, etcetera, were sorted out. Her advice and interpretations of the rules have been a fantastic resource for me as well. During branch committee management meetings, she has been always very polite, for a better word. lf she does have anything to contribute, it is always- you know, she always starts off with, "If it's okay through you, chair," and I just think that's very, you know, respectable and, you know, we're very lucky to have her there to offer us, you know, some technical advice from time to time when we need it.

MR ENWRIGHT: So apart from your understanding of her advisory role in the early stages, do you know anything about what role she has had, has now, and pat1icularly at the BCOM, in what capacity would she be appearing at the BCOM?

MR EDEN: lt just was some technical advice 1 seen her role there initially, yes.

MR EN WRIGHT: So advice.

MR EDEN: Yes. Sir, we're all very new at, you know, the rules and all that sort of stuff. It is very overwhelming and that's how l seen her position within that branch committee managing.

MR ENWRIGHT: Okay. So in terms of her employment, do you know anything about her employment?

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MR EDEN: At the time, she was on a, same as the rest of us, on a temporary position.

MR ENWRIGHT: As what, though?

MR EDEN: And then once - well, as what, 1 suppose, office manager and advisor, someone to give us some advice. It wasn't until the structures were set by branch committee management that, I suppose, she went on for a pennanent position with the new organisation within one of those positions.

MR ENWRIGHT: And you don't know what position- --

MR EDEN: I can't think of what her position actually is off the top of my head, I'm sorry.

MR ENWRIGHT: All right. We'll just move to a couple of relatively quick issues. One of them, Ms Flynn complains that Ms Asmar travels without any form of approval from anybody and the HSU response indicates that you may have some role in approving Ms Asmar's travel. Can you help us with that?

M R EDEN: Yes. Her travel arrangements all need to be approved through me and - - -

MR ENWRIGHT: And how do you do that?

MR EDEN: ---and other organisers, including myself, I mean, that's part of our role is to visit and service those outlying areas, and there needs to be sometimes overnight stays required.

MR ENWRIGHT: Yes. How do you do it with Ms Asmar? And, going back, her allegations stem from December 2012. So how do you approve her travel and how long, and when did that start, if you remember?

MR EDEN: Well , there is one area that I might not be- 1 can't- I don't know if I have approved the national office stuff, so where she has to go up to New South Wales or Brisbane, or wherever they happen to be holding it. That's all done through the national office, but for her to visit, say, Mildura and, you know, work on issues for the membership throughout the region, 1 get given a copy of her diary where she would like to go throughout regional Victoria, and, you know, if it involves overnight stays, it involves overnight stays. She came with me some months ago, I think we left Melbourne at 8.00 in the morn ing and we pulled in to Warmambool at 2 o'clock the followi ng morning.

MR ENWRIGHT: Okay. So if---

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MR EDEN: So we needed to stay.

MR ENWRIGHT: If you've been holding your president's role since December, do you know when you started approving her travel?

MR EDEN: Would have had to have been early on in the piece, would have had to have been pretty much, yes, from the word go, 1 would have thought.

MR ENWRIGHT: The response talks about a- this is the HSU response, talks about some sort of travel register or- the union travel register, and the travel register was put in place - do you know what that is, travel register?

MR EDEN: Well, we've got to put application to say, you know, we need to have, you know, accommodation away, pretty much, and that would approved.

MR ENWRIGHT: Okay. Well , can you tell me, what does it look like? What does the travel register look like?

MR EDEN: I think it's a- it's been a while since I've had it. It's just a written application fonn , off the top of my head, yes.

MR ENWRIGHT: So a written application form is one thing, I think we have a document.

MR EDEN: I've got diaries, so 1 know, you know, when she needs to be staying away. And what I tend to do was to go on lastminute.com when we first started out and find the cheapest possible accommodation we could find. Since then , we've established good relations with various motels that we stayed on a regular basis, so when we go to Horsham, for example, we don't have to cat off tin plates anymore.

MR ENWRIGHT: Okay. Can I just ask you again: what does the travel register look like?

M R EDEN: It's a - it's like the reimbursement- it's just a reimbursement sort of fonn, like it's just a pro f01ma thing, I think, yes.

MR ENWRIGHT: So there's a fonn. Is the register a book, is it a computer document, or - - -

MR EDEN: It might get translated onto computer, but it is---

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MR SHAW: Well, what documents do you see, David? 1 mean, you obviously travel from time to time, you approve Diana's travel, so if you're going to travel up to Mildura, what do you physically do?

MR EDEN: There's different request fonns, like, for example, whether or not you want a reimbursement, whether you want an ADO, whether you want leave entitlements, and there's also one for a combination as well.

MR SHAW: Okay. So if you're going to go to Mildura, do you seek prior approval from someone to go to Mildura and do you say, "That's going to involve some travel and accommodation"?

MR EDEN: Yes.

MR SHAW: Or do you just simply---

MR EDEN: And where the organisers in the first, you know, the first little while, we had to organise our own accommodation, .it is now more of a, you know, a set thing and it's got to go through the head office.

MR SHAW: So they then do the booking for you.

MR EDEN: That's right, yes. And where we were going, sort of, for the cheapest options and whatever, and then we arrived, we would find that, you know, there's a little bit of charge- there is no charge of our facilities or whatever for this particular hotel, or it's just an absolute (indistinct) we've got to better, you know, better scrutinise now.

MR SHAW: So you've got to first have the hotel direct charge the union ---

MR EDEN: Yes.

MR SHAW: --- ifthe hotel has got that.

MR EDEN: Yes.

MR SHAW: From time to time, you wou ld actually have to pay and then be reimbursed.

MR EDEN: And it's another nightmare in itself. Look, l'm waiting for reimbursement for accommodation for branch committee management last month from Caroline Fisher coming down from Nhi ll. I still haven't been reimbursed for

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that. There's just so much paperwork that you've got to fill out for these things, and your reimbursement is one, but I was doing taxi amounts that are outstanding and all that sort of stuff. Anyway - because I've got to get my approvals, they've got to be done by Diana, and Diana has got, you know, Leonie's absence. You know? I'm doing Diana's and Di is sort of doing mine, you know, that's the way it basically is.

MR ENWRIGHT: Well, it might assist you just to hear what the response provides. The transaction are recorded in the union travel register and the travel register was put in place by the branch when a requirement for a travel regi ster was drawn to its attention by the national president of the union, Chris Brown. Did he bring that to your attention or do you know anything about it?

MR EDEN: 1 can't recollect.

MR ENWRIGHT: Okay.

MR EDEN: Yes, it must be there for a purpose, that transaction, it must be there- - -

MR SHAW: We'll just get hold of the travel register, Chri s, that might s imply things -- -

MR ENWRIGHT: Thank you.

MR SHAW: --- and talking about something that's a bit more tangible.

MR EDEN: And that's probabl y then duplicated electroni cally. I don't know.

MR EN WRIGHT: Are you s ignatory to any cheque accounts or any of the financial responsibiliti es of the union?

MR EDEN: Yes.

MR ENWRIGHT: What, can you te ll me?

MR EDEN: I have the CommBiz.

MR ENWRIGHT: Yes.

MR EDEN: So there was myself and Leonie, Diana, and J think Rhonda, because Rhonda is based on Melbourne, it just was easier for l1er. All were issued with CommBiz devices for the bank.

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