A Health Services Union executive being investigated over financial matters by Fair Work Australia says she won't fully abide by a gag order issued by her colleagues.
The HSU's national office is facing a probe by the workplace watchdog over allegations credit cards were misused by executives, including its former national secretary and now federal Labor MP Craig Thomson.
Current national secretary Kathy Jackson has been outspoken in the media about problems in the union between 2002 and 2007 when Mr Thomson was in charge.
On Tuesday, the HSU's national executive held a special teleconference to pass a resolution banning executive members from commenting on the investigation "without the express approval of either the majority of the national officers or by specific resolution of the national executive".
Anyone breaching the motion would be subject to "disciplinary action".
Ms Jackson said in a statement on Friday the motion was invalid and beyond the power of the executive, and she reserved her right to challenge it in the courts.
She said she had legal advice that the motion could not bind her in her capacity as a member or executive president of the NSW-registered HSUEast, so she would continue to speak in that capacity rather than as a national executive member.
But Ms Jackson said she intended to continue making comments relating to the FWA investigation, as well as the NSW and Victorian police probes into the union.
She said the motion had been sprung on her without notice.
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