Craig Thomson has declared his independence, voting with the federal coalition for the first time since his election as a Labor MP in 2007.
New Zealand-born Thomson was stood aside from the Labor caucus on April 29 when Prime Minister Julia Gillard declared that, while she still believed he was owed the presumption of innocence, "a line had been crossed".
A Fair Work Australia investigation has found that Thomson, as national secretary of the Health Services Union from 2002 to 2007, misused members' funds for escorts, cash withdrawals and electioneering.
Thomson has vowed to fight the case in the Federal Court.
Yesterday, he voted four times with the opposition against gag motions moved by the Labor Government.