One More Thing

Posted: August 1, 2012 in HSU Saga

After my previous post regarding issues within Fair Work Australia, I thought I would do a quick follow up with some important points. Actually, more like questions that need to be answered.

If FWA is unable to handle its own complaints in a transparent manner such as the complaints made against Michael Lawler by Carol Glen and Gerard Hayes, what does it say about FWA? More importantly, what confidence can the public have in its investigations and the Temby Report, seemingly based heavily on the FWA investigation, as being fair, transparent and using the full evidence required to do a full and proper investigation?

What confidence can the public have in getting a fair hearing? Not a lot from what I can see, and from what the public can deduce from both the failed investigation and public comments from FWA’s own President, and lead investigator. This is supposed to be the nations highest authority on industrial issues, it now appears to bear more resemblance to a boys club, or a Mason’s style organisation. Favours done, rules and guidelines ignored.

I would now question other big cases that have gone before them recently, such as the Qantas industrial dispute. If this HSU investigation is a display of how the FWA has chosen to operate, then I would question all of its recent controversial rulings.


Transparency anyone?


Can Iain Ross please explain to the public why FWA needs a new code of Conduct, as he is calling for. This is critical, Ross cannot just ask for one and not explain, there must be valid reasons.

The Judicial Officers take an oath of Office which is stringent. Ross seems to be implying Officers have transgressed the code, and if so have they been stood down pending a full and proper investigation? Surely Ross is pointing towards corrupt practices within FWA that need to be stamped out, otherwise why would he seek to change anything?

No report from the FWA can stand up nor have an ounce of integrity in the publics eyes.The very office has been interfered with , evidence seemingly tampered with, conflicts of interests shown, and positions used for personal gain. How can we have any faith considering this?

I’m betting Iain Ross smells a rotten stench every time he enters the building.

We can all smell it from our living rooms. It is the stench of lies and corrupt practices.

FWA is starting to resemble more of a kangaroo court, rather than an industrial court of law. When the main accuser of the alleged corrupt practices, is the one who delivers the evidence, what more can Ross expect? When that accuser also has a direct connection with the organisation the allegations relate to, it becomes even more ridiculous.

Then that evidence takes 3 years of patchwork and it can’t even stand up to police scrutiny?

Someone once said to me, “It takes longer to manufacture evidence, than it does to find evidence”. Given the way this case has been handled, nothing would surprise me.

It’s not worth the paper it’s written on if it cannot garner an outcome.

One outcome that has been garnered from the Temby Report is sure to please the members no end. As Temby forgot to investigate Kathy Jackson and the HSU Number 3 Branch, and therefore she was left out of his report. Kathy Jackson and Marco Bolano have both received a share of the entitlements that were being withheld.

Is that justice?

There are also rumours that Michael Lawler is moving to Sydney, my calls to FWA have not been returned on this issue. Rumours are also out there that FWA, or the taxpayer, is paying for not only his moving costs, but also the moving costs of Kathy Jackson as well.

Is this taxpayer dollars well spent?

I wouldn’t have thought so…..

  1. Marilyn says:

    I said as soon as I read the reasoning behind the so-called findings against Thomson that it was a bogus report by FWA.

    On spousal travel – there were no rules, he broke them.

    On credit cards use – there were no rules, he broke them.

    Who cares if he was in Perth on 26 February 2003, he was in Sydney at a brothel.

    The whole thing was that bogus.

  2. DP says:

    “~ Rumours are also out there that FWA, or the taxpayer, is paying for not only his moving costs, but also the moving costs of Kathy Jackson as well.

    Is this taxpayer dollars well spent? ” ~

    Any way to stop this continuous rorting before it’s to late ?

  3. Leni says:

    Will FWA be attending their Housewarming too? One thing Kathy won’t be needing is a footstool , she’s got plenty of those i hear.

  4. Roger Grealy says:

    Yes the Lawler, Abbott, Jackson HSU connections are almost as sleazy as the Abbott/Pyne/Ashby/Brough /Qld Lib connections . You are doing a great job Wixxy.

  5. Peter Lloyd says:

    Fair Work Australia does, as Ross suggested, indeed need to return to its old name of the Australian Industrial Relations Commission. Why? Because the Orwellian title ‘Fair Work Australia’ makes the public forget this organisation is basically a court, part of the judiciary. A judge of a ‘normal’ court behaving as Lawler has would be attacked by his peers, the public would immediately understand the ramifications of the man’s actions, particularly given his girlfriend’s bizzare attitude to the court system as seen in her interactions with Justice Flick.

    Because it’s ‘only’ this ‘fair work oz’ thing, the media, the rest of the judiciary, and the public ignore the way FWA has abused the principle of the separation of powers, doing all it can to make its investigation appear like a judgement.

    That Ross has to call for a code of conduct highlights how out of hand FWA has become: regular judges don’t need to be guided by a ‘code of conduct’ because they appreciate EVERYTHING THAT THEY DO relies on their integrity. They must defend it at all times, the entire legal system relies on this.

    Codes of conduct have a habit of coming to mean ‘anything not explicitly covered is fair game’. Lawler’s apparent actions in writing to the NSW police ‘in his capacity as a private citizen’, alone, are grounds for his removal.

  6. Slumdog says:

    Mr Abbott “gospel truth” who needs truth or policies, (costed, detailed or otherwise) when you have News Ltd,the ABC and the mining barons ….Trillion’s of dollars in untapped mineral deposits in Afghanistan The ore deposits — including huge veins of iron, copper, cobalt, gold and critical industrial metals like lithium — are so big and include so many minerals that are essential to modern industry that Afghanistan could eventually be transformed into the most important mining center in the world,.. Plus, Rare volcanic rocks in the rugged, dangerous desert of southern Afghanistan has world-class concentrations of rare earth elements, the prized group of raw materials that are essential in the manufacture of many modern technologies,

    A lot of people don’t seem to have any idea why we’re fighting a war in Afghanistan. The answer is very simple—Resources: Afghanistan is an absolute ‘Aladdin’s Cave’ of mineral resources. spending $100-500+ billion to secure resources worth untold $ trillions, makes extremely good economic sense. It’s obvious why the US and UK Governments are prepared to invest all this money and soldier’s lives in the war. If the conflict with the Taliban can ever be stabilised, then the Afghans/We, can start to exploit their country’s vast resources, . THE AUSTRALIAN Parliament and justice system is now completely controlled by the media and mining barons and democracy is dead in this country. Why should our young men and women be risking their lives in Afghanistan protecting the wealth of these greedy mining barons. The richest people on earth, V The poorest people on earth. Terrorism in any form is wrong tbut we should be asking ourselves, Who ARE the real terrorists. Forget the medals…Bring our kids home..

  7. pete says:

    The most surprising aspect of this to me has been Ian Temby. I have always thought highly of him based on his earlier work, most disappointing

  8. Justin K says:

    Every Australian is considered innocent until proven guilty. Thomson has not fronted a court. He has not been charged. Till now there is no indication that he will be charged. A report was handed down by Fair Work Australia, a statutory body with no authority to bring prosecutions or make determinations of law – something it acknowledged in the report – and passed on to other bodies. The NSW police brought no charges. The Australian Electoral Commission found the FWA report in error as regards its assertions of wrongdoing on Thomson’s part in a matter of weeks.
    How did the Electoral Commission arrive at his conclusion in weeks?? and the FWA investigations despite being exhaustive took 3 years ?? and cannot bear up to any real scrutiny?

    My understanding is that the FWA is the peak Industrial Court that deals with pressing industrial disputes and matters, in an open , fair, transparent and prompt manner.In the FWA presidents own words he has told “tribunal members they need to hand down decisions within set times, avoid political controversy when contributing to public debate and exercise “considerable care” to ensure they do not use the status of their office for private purposes.”

    Should we the public feel concerned that there appears a crisis of confidence in the Highest Industrial Court’s administration of Industrial Law matters ? and that confidence in it’s Senior Officers acquitting themselves under the Oath of Office is not negotiable ?

  9. jaycee says:

    I have this funny feeling we’re all being done-over by the canny-legalities brigade!….Like; “here’s the crime…here’s the culprit….we just add a little bit of these legal points and……VOILA’!!….it all magically disapears!….but don’t you worry about the injustice…we’ll sort that out and get back to you….(yeah, about 2018)..”

  10. Sue says:

    Moving Cardinell Pell to Sydney didn’t change his attitudes on protecting the church and clergy before children.
    Moving Lawler to Sydney won’t change his attitude in involving himself in his fiance’s control of a union and the money behind it.

  11. Tess says:

    You’d be interested in Kathy Jackson’s mention in the wikileaks cables:

    “In addition, the AWU
    holds two out of six seats on the National Selection
    Committee, which is chaired by the Prime Minister. This
    group is responsible for allocating the ALP’s federal
    parliamentary seats. Putting her role into context, Kathy
    Jackson, the HSU’s National Secretary told us that she and
    other Union Secretaries wield at least as much influence as
    junior state ministers at the state level by controlling who
    is selected to run for Parliament (Ref. C).”

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