Page 5 - Newsletter#13 2021
P. 5

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.
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