FINES (PENALTIES) – AUSTRALIA

Cartel fines up $45.7m as ACCC bares teeth

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Original article by Leo Shanahan
The Australian – Page: 21 : 24-Jun-16

The competition watchdog has become more active in pursuing companies engaged in uncompetitive behaviour. The Australian Competition & Consumer Commission has imposed fines of $A45.7 million in total for breaches of cartel and competition laws since January 2016. This figure is rather surprising, considering that the commission found no evidence of the same offences and issued no fines at all in calendar 2015.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, EGR PTY LTD, PALRAM AUSTRALIA PTY LTD, AMPELITE, CEMENT AUSTRALIA PTY LTD

Fears 7-Eleven workers could be left in cold

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Original article by Anna Patty
The Age – Page: 21 : 23-Jun-16

A 7-Eleven store in Brisbane has been ordered to pay a penalty of more than $A400,000 for worker exploitation. An investigation by the Fair Work Ombudsman revealed that 12 employees were underpaid more than $A82,000. Maurice Blackburn’s Brisbane employment principal Giri Sivaraman has warned that the owner of the store could opt for bankruptcy, depriving the affected workers of their compensation.

CORPORATES
7-ELEVEN STORES PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, MAURICE BLACKBURN PTY LTD

Record fine for 7-Eleven exploitation

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Original article by Anna Patty
The Age – Page: 2 : 22-Jun-16

The Federal Circuit Court has ordered a 7-Eleven franchisee to pay $A408,348 in penalties for underpaying staff. The court has found that the Brisbane store’s owner had underpaid 12 employees more than $A82,000 and had falsified the store’s payroll records. Judge Michael Jarrett said the franchisee had displayed "contemptuous disregard" for workplace laws. He was ordered to pay the outstanding wages, although the employees are still owed about $A35,000.

CORPORATES
7-ELEVEN STORES PTY LTD, FEDERAL CIRCUIT COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. FAIR WORK OMBUDSMAN

Directors face new penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 20-Jun-16

The Australian Government will increase the maximum civil penalty for breaches of the Corporations Act if wins the 2016 federal election. Company directors will face fines of up to $A216,000 for serious breaches of the Act, compared with $A200,000 at present. The registered organisations bill will also impose the same penalty on union officials, who can be fined a maximum of $A10,800 at present. Unions will also be prohibited from paying the fines of officials who breach the law.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, ACTU, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

Court fines CFMEU over airport blockade

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Original article by Andrew Burrell
The Australian – Page: 5 : 31-May-16

Six senior officials of the militant Construction, Forestry, Mining & Energy Union have received fines ranging from $A1,000 to $A2,750 in the Federal Court of Australia. The union itself has been fined $A12,500 for breaching industrial laws by blockading a project to upgrade Perth Airport in 2013. Fair Work Building & Construction director Nigel Hadgkiss notes that the CFMEU and its officials have now been fined three times in May 2016 for breaches of the Fair Work Act.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, PERTH AIRPORT

100 CFMEU militants in court

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Original article by Elizabeth Colman
The Australian – Page: 1 & 2 : 17-Mar-16

New figures show that the Construction, Forestry, Mining & Energy Union, its state branches and union officials have been fined a total of $A6.98m since 2002 for failing to comply with industrial laws. Meanwhile, 100 of the union’s officials and delegates have been charged with more than 1,000 offences in total, including coercion, intimidation and unlawful industrial action. Federal Employment Minister Michaelia Cash has urged Opposition Leader Bill Shorten to support a bill to reinstate the Australian Building & Construction Commission.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FAIR WORK BUILDING AND CONSTRUCTION, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, QUEENSLAND UNIVERSITY OF TECHNOLOGY, AUSTRALIAN GREENS, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, MASTER BUILDERS AUSTRALIA INCORPORATED, AUSTRALIA. ROYAL COMMISSION INTO THE BUILDING AND CONSTRUCTION INDUSTRY, AUSTRALIA. OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE

Judge slams CFMEU’s ‘thuggery’

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Original article by Ewin Hannan
The Australian Financial Review – Page: 9 : 10-Mar-16

Federal Circuit Court judge Salvatore Vasta has imposed a penalty of $A9,000 on union official Scott Vink. The Construction, Forestry, Mining & Energy Union must pay $A48,000. Justice Vasta said that Vink’s behaviour towards non-union members was "sheer thuggery". Vink was found to have breached the Fair Work Act when he verbally abused non-CFMEU members on a building site in Brisbane on 5 March 2014.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, FAIR WORK BUILDING AND CONSTRUCTION, FRANKIPILE AUSTRALIA PTY LTD

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

ASIC seeks lifetime ban for company director

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Original article by Sarah Danckert
The Australian Financial Review – Page: 20 : 29-May-15

The Australian Securities & Investments Commission (ASIC) believes that Bill Lewski’s 15-year ban on serving as a company director is insufficient. It wants the founder of Prime Trust to be permanently banned from holding such positions, while it has argued in the Full Federal Court that a $A230,000 fine for breaching his duties as a director is also inadequate. ASIC is seeking higher fines for several other Prime directors.

CORPORATES
PRIME RETIREMENT AND AGED CARE PROPERTY TRUST, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA, PLACES VICTORIA

Union could face $500,000 in penalties

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Original article by Ewin Hannan
The Australian Financial Review – Page: 3 : 19-Mar-15

Fair Work Building & Construction director Nigel Hadgkiss will pursue significant financial penalties against the construction industry union following a Federal Court ruling. The court has ruled that the Construction, Forestry, Mining & Energy Union’s conduct during industrial action in Melbourne in 2012 was in breach of workplace laws. The union and six officials could face fines of more than $A500,000

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FAIR WORK BUILDING AND CONSTRUCTION, FEDERAL COURT OF AUSTRALIA, EMPORIUM MELBOURNE, McNAB PTY LTD, SUPREME COURT OF VICTORIA, GROCON PTY LTD, MONJON AUSTRALIA