Media release

HSU Victoria No. 1 Branch proceedings commence

Wednesday, 23 May 2012 The Fair Work Australia General Manager today commenced proceedings in the Federal Court of Australia against the Health Services Union (HSU) and three former officers of the HSU Victoria No.1 Branch. Fair Work Australia General Manager Ms Bernadette ONeill said the three officers were Ms Pauline Fegan, Mr Jeff Jackson and Mr Shaun Hudson. I am seeking the imposition of pecuniary penalties for eight contraventions of civil penalty provisions by the HSU, for two contraventions of civil penalty provisions by Ms Fegan on two occasions, for 10 contraventions of civil penalty provisions by Mr Jackson and for six contraventions of civil penalty provisions by Mr Hudson. I am also seeking orders requiring Mr Jackson and Mr Hudson to pay compensation for what is alleged to be unauthorised expenditure of HSU funds. Documentation initiating the proceedings was filed in the Victorian Registry of the Federal Court by the Australian Government Solicitor on behalf of the General Manager. The matter is listed for directions on 25 June 2012. Following senior counsels advice, the proceedings exclude findings 4 and 22 of the investigation report. These contraventions concerned presentation of documents by the former Branch Secretary to the Branch Committee of Management and compliance with HSU Rules regarding preparation of financial reports. The investigation report was prepared by her Delegate, a senior officer of Fair Work Australia. On 14 March 2012 Ms ONeill announced in a media statement that she had concluded her deliberations concerning Fair Work Australias investigation into the HSU Victoria No. 1 Branch and foreshadowed action in the Federal Court of Australia pursuant to section 336(2) of the Fair Work (Registered Organisations) Act 2009. The maximum penalty that can be imposed by the Court in respect of each occasion on which conduct is found to have contravened a civil penalty provision is $11000 for a body corporate and $2200 for an individual. The maximum possible penalties that could be imposed by the Court should it grant all of the orders that are being sought is $88,000 against the HSU, $4400 against Ms Fegan, $22,000 against Mr Jackson and $13,200 against Mr Hudson. In addition, orders for compensation are sought against Mr Jackson and Mr Hudson for what is alleged to be unauthorised expenditure of HSU funds.

Media seeking further information are asked to contact: Communications Manager Judy Hughes Phone: 03 8661 7862, 0407 920 815 Email: judy.hughes@fwa.gov.au
www.fwa.gov.au

Senior Communications Adviser Roger Mitchell Phone: 03 8661 7011, 0407 427 431 Email: roger.mitchell@fwa.gov.au
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