O7540 Justice

Court penalises CFMEU officials

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Original article by Ewin Hannan
The Australian Financial Review – Page: 11 : 11-Sep-15

The Federal Court of Australia has imposed fines on the Construction, Forestry, Mining & Energy Union and two union officials for failing to comply with laws on the right of entry to building sites. The union must pay a penalty of $A225,000 while the officials must pay $A27,500 and $A20,000 respectively. The union is not allowed to reimburse the officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Police raid CFMEU, Gatto role explored

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Original article by Ewin Hannan, Lucille Keen
The Australian Financial Review – Page: 4 : 27-Aug-15

The Canberra offices of the militant Construction, Forestry, Mining & Energy Union (CFMEU) have been raided by Australian Federal Police, who seized computers as part of an extortion investigation. It follows evidence at the Royal Commission into Trade Union Governance & Corruption and the arrest of two CFMEU officials. Meanwhile, the Victorian Supreme Court heard claims that Boral was told it should pay Mick Gatto $A100,000 to mediate its dispute with the union.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIAN FEDERAL POLICE, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN LABOR PARTY, CANBERRA RAIDERS, SUPREME COURT OF VICTORIA

IBM blames Qld health division for $1.2b payroll debacle

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Original article by Mark Ludlow
The Australian Financial Review – Page: 7 : 26-Aug-15

The Supreme Court heard on 25 August 2015 that the Queensland Government was to blame for delays and cost increases in the health payroll system. IBM’s lawyer, Shane Doyle, told the court the problems were caused by the health department changing the project’s scope. The Government alleges that IBM made "negligent and misleading" representations of its credentials.

CORPORATES
IBM AUSTRALIA LIMITED, SUPREME COURT OF QUEENSLAND, ACCENTURE AUSTRALIA LIMITED, LIBERAL-NATIONAL PARTY OF QUEENSLAND, AUSTRALIAN LABOR PARTY, QUEENSLAND HEALTH

Senior CFMEU bosses face criminal charges

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Original article by Nick McKenzie, Ewin Hannan, Richard Baker, Nick Toscano
The Australian Financial Review – Page: 6 : 25-Aug-15

Officials of the militant Construction, Forestry, Mining & Energy Union (CFMEU) are under police investigation in three states. National president Dave Hanna, who was also a vice-president of the Australian Labor Party in Queensland, has quit the union as police probe allegations that he received secret commissions. In Victoria, senior officials of the CFMEU’s construction division are facing allegations of blackmail, while in New South Wales Brian Parker, the state secretary, is being investigated after phone taps linked him to organised crime figure George Alex.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN FEDERAL POLICE, VICTORIA POLICE, NEW SOUTH WALES POLICE FORCE, QUEENSLAND POLICE SERVICE, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIAN LABOR PARTY, BORAL LIMITED – ASX BLD, LIBERAL PARTY OF NEW SOUTH WALES, MIRVAC GROUP – ASX MGR, BUILDERS’ LABOURERS’ FEDERATION

Jackson ordered to repay $1.4m to health union

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Original article by Lucille Keen
The Australian Financial Review – Page: 8 : 20-Aug-15

The Federal Court has found the former head of the Health Services Union, Kathy Jackson, misused union funds. She has been ordered to repay $A1.4 million. Justice Richard Tracey said Jackson had improperly used her position to gain personal advantage, spending union funds on shopping trips, divorce payments and holidays overseas. Jackson declared bankruptcy on the first day of the court case.

CORPORATES
FEDERAL COURT OF AUSTRALIA, HEALTH SERVICES UNION OF AUSTRALIA, VICTORIA POLICE, AUSTRALIAN FEDERAL POLICE, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS, AUSTRALIA. FAIR WORK COMMISSION

Baird ‘consolidates’ ICAC powers

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Original article by Geoff Winestock
The Australian Financial Review – Page: 3 : 12-Aug-15

New South Wales Premier Mike Baird intends to implement all the recommendations of an expert panel which examined the powers of the New South Wales Independent Commission Against Corruption (ICAC). Baird said on 11 August 2015 that a "robust" ICAC is needed to fight corruption in the state. The panel recommended to remove a restriction that limited ICAC’s investigative powers to cases where there was "improbity" by a public official.

CORPORATES
NEW SOUTH WALES. DEPT OF PREMIER AND CABINET, NEW SOUTH WALES. INDEPENDENT COMMISSION AGAINST CORRUPTION, HIGH COURT OF AUSTRALIA, LIBERAL PARTY OF AUSTRALIA, AUSTRALIAN WATER HOLDINGS PTY LTD, ELECTORAL COMMISSION OF NEW SOUTH WALES

Building union facing penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 8-Jul-15

The Fair Work Building & Construction inspectorate wants the Federal Court to impose financial penalties against the Construction, Forestry, Mining & Energy Union and 21 of its officials. The case centres on industrial action at two construction sites in Queensland in 2013, which was aimed at compelling contractors to sign an enterprise agreement. The inspectorate has identified 822 separate alleged breaches of the law by the union and its officials.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, FEDERAL COURT OF AUSTRALIA, QUEENSLAND UNIVERSITY OF TECHNOLOGY

Ex-Sigma CEO faces jail for falsifying company accounts

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Original article by Sarah Danckert
The Australian Financial Review – Page: 3 : 3-Jul-15

Two former senior executives of Australian-listed Sigma Pharmaceuticals will return to court in September 2015, after pleading guilty to charges of falsifying the group’s financial accounts. Elmo de Alwis was CEO until 2010, while Mark Smith stepped down as CFO in the same year. They have also been charged with providing false and misleading statements to the group’s board of directors and auditors.

CORPORATES
SIGMA PHARMACEUTICALS LIMITED – ASX SIP, COUNTY COURT OF VICTORIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Writer of accidental ‘dick’ text sacked

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Original article by Ewin Hannan
The Australian Financial Review – Page: 3 : 10-Apr-15

The Fair Work Commission has rejected an unfair dismissal claim brought by a woman who was sacked for insulting her employer. Louise Nesbitt inadvertently sent a derogatory text message to Dragon Mountain Gold chairman and MD Rob Garder, in which she called him a "complete dick". She had meant to send the message to her daughter’s boyfriend, who was to undertake plumbing work in the company’s office

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, DRAGON MOUNTAIN GOLD LIMITED – ASX DMG

ANZ banks big win in class action fees battle

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Original article by Katie Walsh, Clancy Yeates
The Australian Financial Review – Page: 17 & 22 : 9-Apr-15

Law firm Maurice Blackburn may launch a High Court appeal against the Federal Court’s rejection of a class-action lawsuit against the ANZ Bank. The case centred on the question of whether bank fees were excessive, with more than 43,000 ANZ customers participating in the class action. Other major banks are subject to separate class actions over bank fees, with about 180,000 customers in all taking part

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, MAURICE BLACKBURN PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, IMF BENTHAM LIMITED – ASX IMF, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, JONES DAY, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, BABCOCK AND BROWN LIMITED, KING AND WOOD MALLESONS