Page 5 - Newsletter#13 2021

Despite this, a calculation was made that sufficient was with in the way proposed, i.e., by the laying of a charge
done to discourage a referral to the Federal Court. In pursuant to Rule 58. The attachments below formed part
that, they’ve been proved correct. The particular matters of the charge filed initially with the Qld Branch Secretary.
in dispute, while in our view, involve important matters
of principle, are not such as to excite the intense interest
of rank-and-file members at large.

Neither do we wish to give excuse for additional
thousands of dollars of members money to be frittered
away on wholly unnecessary legal expenses resulting
from the National Secretary’s poor management skills,
as instanced for example, in the dismissal of the former
Qld Branch Office Administrator.
All that had to happen was for the National Secretary to
wrap his arms around the Branch Secretary and his
colleagues and say, “Comrades, there’s a far more
constructive way of dealing with these issues than
charging members under the rules”.

In proof of this, we place on record, thanks to the
intervention of Bob Carnegie, the Acting Branch
Secretary Jason Miners, and Mike Barber jointly
reached an accommodation some months back
concerning Face Book postings, based on the well
understood concept of mutual respect and the
requirement for civil debate around issues of union
policy and direction. …..“Whatever your agenda, I get it
ladies, who cares, but get facts right first”…..
Finally, reference is made to a second decision of
National Council also recently advised to Mike
concerning his charge of abusive and/or insulting
conduct against Assistant Branch Secretary Paul Personal Comment by Mike Barber…..
Gallagher which has been outstanding for almost 12 The pursuit of the charges against Mike Barber were
months without resolution. based solely on the content and publication of

In this matter the National Council has determined to Newsletters on social media. The Charge by Barber,
dismiss the charge. The right of National Council to use directed at P.Gallagher under Rule 58,(xi) were also
its discretionary powers in this case is not at issue. based on posts (above) by him to Barber and other
Whether Councillors dealt with the charge appropriately MUA members on the same social media. Yet there is
is another matter. a stark contrast in the obvious ‘political’ decisions taken,
and outcomes of the Appeal by National Council
The evidence suggests the matter was dealt with towards an elected official that differ from those towards
somewhat arbitrarily and simply regarded as a trade-off a R&F member in the result of their views.
of some description in return for the manner in which the
Appeal matter was dealt with. If so, we do not regard Members need only to refresh their memory, and review
that as appropriate conduct by National Council in the charges against Barber, on the Newsletter Qld R&F
matters of this kind. FB page, to see that post in March this year, and then
contrast the language used by Barber, to the usual
Mike Barber charged Assistant Secretary Paul abusive style of that of P.Gallagher. Charges by Barber
Gallagher arising from his unacceptable attacks against are based on Gallaghers’ response to comments on FB.
members using absolutely foul and insulting language
by use of email, social media and at times, even verbally Breaking News…..
in meetings. The screenshot attached to this article, It has been reported from members at Hutchies (BCT)
directed towards his fellow officials of all people, is but Brisbane Terminal, that Paul Petersen has been given
a minor example of how Mr Gallagher at times, conducts back responsibility for the worksite. Reports indicate a
himself. meeting was held with them on site where Jason Miners

By any standards, this is unacceptable conduct from any and Paul Petersen addressed MUA members.
member, be they rank and file or of official status and
should be dealt with appropriately even if National
Council did not consider the matter ought to be dealt Page.2.