The Victorian Health Workers Union is being investigated over allegations it secretly funnelled union money into a training organisation that an anti-corruption commission previously found was an abject failure, and paying its secretary Diana Asmar for non-union-related work at the organisation.
The Fair Work Commission has been scrutinising the finances of the Health Workers Union (HWU), the conduct of Asmar who has been accused of misusing her position at the union to gain financial advantage, and the union’s longtime accountant Stannards.
The Health Workers Union and its secretary Diana Asmar are being investigated by the Fair Work Commission. Credit: Luis Asqui
At the heart of the Fair Work Commission probe is the controversial Health Education Federation – a training organisation with Asmar as one of its directors – which the Victorian Independent Broad-based Anti-corruption Commission last year found had been improperly awarded a $1.2 million contract by the Department of Health on the eve of the 2018 state election after pressure from ministerial staff, then Premier Daniel Andrews’ office and Asmar.
IBAC was unable to scrutinise the union’s finances because it fell outside the anti-corruption commission’s jurisdiction.
However, this masthead can reveal that the Fair Work Commission has been investigating the HWU amid questions about the accuracy of its financial reports, including the union’s administration of funds through Asmar to the Health Education Federation and the training program to train hospital staff to deal with violence against health workers.
Payments the union made to Asmar for her role at the Health Education Federation, as well as its payments to two printing companies – Total Print Management and Tintern Heights, both owned by Peter Walsh – are also being examined, according to well-placed sources aware of the probe but unable to comment publicly.
The Fair Work Commission is also scrutinising Stannards and whether the firm, or its director Michael Shulman who was one of the directors of the Health Education Federation when it was established, appointed an auditor for the union’s finances between June 2017 and June 2021 when they may have been considered an “excluded auditor” under the law.
The accounting firm may also have contravened the Fair Work (Registered Organisation) Act when it made a statement in the union’s annual financial report the auditor knew, or suspected, was false or misleading.
The commission’s general manager Murray Furlong said the investigation arose from a range of sources alleging misconduct about the financial affairs of the HWU. It centres around the union’s records and accounts, and whether the HWU or anyone subject to the act may have contravened a provision relating to the branch’s accounts and audits, or a civil penalty provision.
“This investigation is progressing and I am committed to allocating the resources required to ensure it is completed with rigour as soon as practicable,” Furlong said. In a statement, a HWU spokesman said it was not appropriate to provide a running commentary on the commission’s activities.
“We have cooperated with the [Fair Work Commission] fully and continue to adopt appropriate governance procedures for all union activities,” he said. “We also note that IBAC’s findings about the union vindicated our tough and persistent advocacy for all HWU members. We make no apology for fighting the good fight for all members in the health, disability and aged care sectors.”
Stannards denied Shulman’s status as the independent auditor of the union was being investigated.
“The Fair Work Commission requested confirmation that Michael was the independent auditor of HWU over their review period,” managing director Peter Angelini said. Walsh was contacted for comment.
The Health Education Federation was registered with the corporate regulator in 2017 by Shulman’s accounting firm, Stannards Accountants and Advisors, but its ability to offer a training program was always in doubt.
Union sources have claimed it was established to replicate the success of the training organisations run by the plumbers and electrical trades union, but at the time it was awarded a contract the Health Education Federation had no experience, did not have a registered training organisation status and its governance practices were questionable.
Premier Daniel Andrews, then health minister Jill Hennessy (centre) and union leader Diana Asmar (right) announcing the $2.2 million election commitment for the Health Education Federation in 2018.Credit: Paul Sakkal
IBAC heard evidence the Department of Health had raised concerns about the quality of the program almost immediately after it was being rolled out. The Health Education Federation received $335,000 of the $1.2 million it had been promised (but a day before the caretaker period it managed to have the department change the terms of the contract to allow for an upfront payment of $121,500) and trained 80 healthcare workers before the COVID-19 pandemic closed the program.
Although the Health Education Federation’s two directors were union officials, one of them being Asmar, and seemingly inextricably linked to the HWU, it was never formally part of the union – so there was no ownership structure to ensure the union benefited from the training provider.
The Fair Work Commission investigation arose out of concerns employees and officers of the HWU, including Asmar, improperly used their position to gain an advantage for themselves or cause detriment to the union.
The probe dates back to the union’s affairs in July 2016 – the period six months after the Royal Commission into Trade Union Governance and Corruption, which pilloried the HWU, then known as the Health Services Union Victorian No. 1 Branch.
It heard evidence Asmar’s husband, David Asmar, owed Total Print Management more than $130,000 for printing services incurred during her election campaign to the union in 2012.
Peter Walsh is the director of Total Print Management and Tintern Heights, which are being investigated by the Fair Work Commission, and was registered by Stannards, according to company documents filed with the corporate regulator.
Diana Asmar told the royal commission she was not aware of the funding or organisation of her election campaign, including money owed to Total Print Management – a claim the royal commission questioned but was unable to make findings on because David Asmar left Australia a few days after being told he would have to appear as a witness before the inquiry.
“During the campaign, David Asmar arranged for $139,865.00 to be spent on printing and mailing services provided by Total Print Management Pty Ltd,” the commission’s interim report stated.
“He said that it represented the ‘vast majority of the expenditure incurred during the election campaign’. The amount was never paid and is still outstanding. According to a settlement agreement concluded between Total Print Management Pty Ltd on 20 June 2013, payment of $120,000 is due to the company from Mr Asmar by 31 December 2014.”
Between July 2016 and June 2021, the period under investigation, the HWU spent $1.7 million on printing and stationery costs, according to its annual financial reports. In the past two financial years, that figure was a further $741,000. It is unclear from the company filings how much of that was spent on printing and to which companies.
Since the royal commission, the HWU has spent more than $1.5 million in legal costs, with this figure peaking in the 2022 financial year at $500,000. It spent $280,000 in legal fees in the last financial year, according to their annual financial statement.
In the 2021 financial year, the union recorded a loss of $124,000, followed by a $785,000 loss the year after, and $7000 profit in the last financial year.
The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.