TWU disbands Victorian branch, but says secretary was target of infighting

The Victorian branch of the Transport Workers’ Union has been disbanded after an investigation found that while harassment allegations against secretary Mem Suleyman were unfounded, the branch had significant operational and cultural problems.

The TWU national council said it had met on Tuesday and agreed to disband the Victorian and Tasmanian branch after an inquiry by retired judge Frank Marks.

That investigation was prompted after allegations of harassment were levelled at Suleyman and counter allegations were made that other union officials had misled the union in the process against him.

Transport Workers’ Union Victorian secretary Mem Suleyman.

In a statement, the union said the report uncovered “significant operational and cultural issues within the branch, including unfounded allegations of misconduct against former branch secretary Mem Suleyman”.

TWU national president Tim Dawson said they were deeply concerned that Suleyman “suffered unfounded allegations against him by figures within the branch”.

“These allegations were not made on behalf of any complainant and the branch committee of management had opened no investigation into them,” he said.

The allegations against Suleyman emerged in early August. Shortly after, the national office appointed Marks to investigate the branch after receiving counter allegations that officials Dissio Markos, Bill Baarini and Peter Mancuso had misled the union and their branch committee of management in the process against Suleyman, including alleged fraudulent production of documents. The Age is not suggesting that any of the allegations are true, only that they have been made and are being investigated.

Suleyman has been contacted for comment.

Dawson said the decision to disband the state branch was necessary to address systemic issues identified by Marks’ report.

“Mr Marks’ investigation uncovered serious operational and cultural problems within the branch,” he said.

“Given these issues, national council has formed the view that the national committee of management should move to immediately oversee governance while a long-term solution is prepared.

Dawson said the priority was to rebuild trust, improve governance and ensure the union could advocate for members at a high standard.

“Just last week, the TWU made four separate landmark applications under new world-leading legislation, the result of over two decades of campaigning by TWU members, to bring fairness and justice to road transport workers,” he said.

“This, rather than internal squabbles, needs to be the unwavering focus of our organisation.”

The intervention comes at a tumultuous time for the union movement in Victoria.

The Victorian branch of the CFMEU is under forced administration following laws passed by the Albanese government. The government seized control of the CFMEU after the Building Bad investigation by this masthead, The Australian Financial Review and 60 Minutes reported allegations of corruption and infiltration by bikie gangs.

On Tuesday, The Age reported that ousted CFMEU leaders were attempting to wrest back control of the union from the government-appointed barrister in a legal battle that will be decided by the High Court.

The expected challenge to special laws the government introduced to force the rogue union into administration will hinge on the argument that only courts can enforce punishments, not parliaments. If successful, it could pave the way for the return of former Victorian branch secretary John Setka.

Separately on Tuesday, lawyers for Health Workers Union secretary Diana Asmar told a court they would seek to pause civil proceedings against her on the basis that there may be criminal proceedings related to the same allegations.

The Fair Work Commission has launched civil action against Asmar, her husband David and five other officials. They allege she received more than $120,000 in purported financial reimbursements despite no evidence they were relevant business expenses. She was also alleged to have authorised $2.7 million in “cashback transactions” to a printing business for services never provided.

Asmar’s lawyers on Tuesday said they would lodge an interlocutory application seeking a stay in the case on the basis criminal proceedings may be instituted.

No criminal charges have been laid. In a statement, Victoria Police repeated comments made in August that it was running an “active” fraud investigation and that detectives from its financial crime squad had executed two warrants in May.

“The investigation commenced in October 2023 after information was provided to police in relation to allegations of false invoices linked to a union and a private company. As the investigation is ongoing, it would be inappropriate to comment further at this time.”

The national office of the HWU, named the Health Services Union, has also demanded that Asmar and other officials accused by the commission stand down, and that the branch be placed into administration. The national leadership threatened to force this process through the courts if this does not happen by September 3.

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