CRIMINAL LAW – AUSTRALIA

Former CFMEU leaders set to plead guilty

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Original article by Ewin Hannan
The Australian – Page: 2 : 16-Apr-25

The lawyer representing the CFMEU’s former NSW state secretary Darren Greenfield and his son Michael has indicated that the pair may plead guilty to some of the charges they face, while other charges may be withdrawn. However, the lawyer has declined to comment on whether the Greenfields will plead guilty to bribery charges. They were initially charged with accepting bribes from a construction firm in 2021. Meanwhile, nearly 92 per cent of the CFMEU’s manufacturing division have voted in favour of demerging and establishing the Timber, Furnishing & Textiles Union.

CORPORATES
CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION

Unions push for jail terms for wage theft

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 29-Oct-19

The ACTU has urged the federal government to introduce harsher penalties for employers who underpay their staff. Its submission to the government’s compliance discussion paper advocates a maximum jail term of five years or a fine of up to $2m for individuals and $10m for a company. The Australian Chamber of Commerce & Industry has in turn expressed concern about imposing criminal penalties for breaches of workplace laws. It has argued that such penalties should also apply to the Construction, Forestry, Maritime, Mining & Energy Union.

CORPORATES
ACTU, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA

Criminal cases will take a decade to resolve

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Original article by Ben Butler
The Australian – Page: 5 : 5-Feb-19

The banking royal commission’s final report has recommended criminal charges against two unnamed financial institutions over the fee-for-no-service scandal. Commissioner Kenneth Hayne has also indicated that the Australian Securities & Investments Commission is considering charges against a third, while 15 financial institutions have been referred to ASIC and the Australian Prudential Regulation Authority for further investigation. Professor Dimity Kingsford Smith from the University of New South Wales says it may take up to 10 years for all of the proposed criminal proceedings to be completed.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, UNIVERSITY OF NEW SOUTH WALES, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AMP LIMITED – ASX AMP, SUNCORP GROUP LIMITED – ASX SUN, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, IOOF HOLDINGS LIMITED – ASX IFL, ALLIANZ AUSTRALIA LIMITED, TAL HOLDINGS, YOUI PTY LTD

Fruit crisis: PM gets tough with 15 years’ prison

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Original article by Richard Ferguson, Greg Brown
The Australian – Page: 7 : 20-Sep-18

The federal government wants to increase the maximum penalty for contaminating food with the intent of causing injury from 10 years to 15 in response to the crisis affecting the nation’s strawberry industry. The Australian Federal Police and the Australian Border Force are working with state police forces to investigate the growing number of reports of fruit tampering, although some are believed to be hoaxes. In addition to strawberries, there have been reports that sewing needles have been found in apples and bananas. Opposition Leader Bill Shorten has indicated that Labor will support the proposed reforms.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN LABOR PARTY, AUSTRALIAN FEDERAL POLICE, AUSTRALIAN BORDER FORCE, AUSTRALIA. DEPT OF HOME AFFAIRS, COLES SUPERMARKETS AUSTRALIA PTY LTD, WOOLWORTHS GROUP LIMITED – ASX WOW

Banks face fines up to $210m

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Original article by Simon Benson, Ben Butler, Richard Gluyas
The Australian – Page: 1 & 2 : 20-Apr-18

The Federal Government has responded to scandals exposed by the banking royal commission by flagging plans for harsher civil and criminal penalties for misconduct in the financial services sector. Individuals will face fines of up to $A1.05m and companies could be fined up to $A210m in changes to civil penalties. Individuals will also risk maximum jail terms of 10 years and fines of up to $A945,000 for criminal convictions, with companies to be fined up to $A9.45m or 10 per cent of their turnover. The Australian Securities & Investments Commission will also be given more power to investigate and prosecute misconduct in the sector.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. DEPT OF FINANCE, AUSTRALIA. DEPT OF THE TREASURY, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, COUNT FINANCIAL LIMITED, WESTPAC BANKING CORPORATION – ASX WBC, AMP LIMITED – ASX AMP, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, COLONIAL LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Leyonhjelm attacks anti-corruption bill

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Original article by Andrew Tillett
The Australian Financial Review – Page: 5 : 7-Aug-17

Liberal Democrats senator David Leyonhjelm has concerns about the Federal Government’s proposed union anti-corruption legislation. The legislation, which has been drawn up in response to the royal commission into union corruption, is due to be tabled in the Senate in the week beginning 7 August 2017. Leyonhjelm is worried that people who have made what they believe to be legitimate payments to a union could find themselves coming under the legislation, and could end up going to jail. He wants it amended to protect such situations.

CORPORATES
LIBERAL DEMOCRATIC PARTY, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. DEPT OF EMPLOYMENT

Labor baulking at union calls for bosses to be jailed for wage theft

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Original article by Ewin Hannan
The Australian – Page: 4 : 6-Jun-17

Transport Workers’ Union national secretary Tony Sheldon says executives of companies that persistently engage in wage theft should face criminal penalties, which could include jail terms. ACTU secretary Sally Mc­Manus supports increased penalties for wage exploitation, arguing that the current sanctions are not a deterent. However, she does not support jail terms for wage theft, while the Federal Opposition’s workplace relations spokesman Brendan O’Connor says Labor is not convinced of the need for such penalties.

CORPORATES
TRANSPORT WORKERS’ UNION, ACTU, AUSTRALIAN LABOR PARTY

Employers face criminal action over AWU

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Original article by Ewin Hannan
The Australian Financial Review – Page: 5 : 9-Nov-15

Jeremy Stoljar has concluded that federal Opposition Leader Bill Shorten was not involved in criminal or unlawful conduct when he was head of the Australian Workers’ Union (AWU). However, the counsel assisting the Royal Commission into Trade Union Governance & Corruption has recommended that commissioner Dyson Heydon should conclude in his findings that former AWU boss Cesar Melhem and several companies may have contravened the Crimes Act regarding payments to the union.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIAN WORKERS’ UNION – WORKPLACE REFORM ASSOCIATION INCORPORATED, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, THIESS JOHN HOLLAND, WINSLOW CONSTRUCTORS PTY LTD, ACI PACKAGING SERVICES PTY LTD, CHIQUITA MUSHROOMS PTY LTD

Boss faces insolvent trading probe after transport company collapse

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Original article by Nick Toscano
The Age – Page: 8 : 8-Dec-14

BRI Ferrier has been appointed the liquidator of collapsed freight and warehousing company Gregorys Transport. Its outstanding liabilities are estimated at $A10m, and it has failed to pay the superannuation contributions of 85 staff for a year. Owner Greg Westaway, also an ex-president of the St Kilda club in the Australian Football League, may be charged with trading while insolvent. Among the clients of Gregorys were Coca-Cola Amatil, Schweppes and Bluescope Steel

CORPORATES
GREGORYS TRANSPORT PTY LTD, BRI FERRIER PTY LTD, ST KILDA FOOTBALL CLUB, AUSTRALIAN FOOTBALL LEAGUE, COCA-COLA AMATIL LIMITED – ASX CCL, SCHWEPPES AUSTRALIA PTY LTD, ASAHI BREWERIES LIMITED, BLUESCOPE STEEL LIMITED – ASX BSL, FERRIER HODGSON AND COMPANY

‘Corrupt culture’ in super fund

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Original article by Joanna Mather, Sally Patten
The Australian Financial Review – Page: 1 & 6 : 3-Nov-14

Jeremy Stoljar SC, counsel assisting the Royal Commission into Trade Union Governance & Corruption, has criticised the Cbus industry superannuation fund. He argued that evidence of members’ details being leaked to the Construction, Forestry, Mining & Energy Union showed an overly close relationship and a "cultural failure". Industry Super Australia CEO David Whiteley rejects any suggestion the leak is symptomatic of practices in the sector generally. Stoljar also recommended criminal charges against some building union officials over an unlawful secondary boycott

CORPORATES
CONSTRUCTION AND BUILDING UNIONS’ SUPERANNUATION FUND, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, BORAL LIMITED – ASX BLD, LIS-CON HOLDINGS PTY LTD, INDUSTRY SUPER AUSTRALIA PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN LABOR PARTY, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT, HIGH COURT OF AUSTRALIA