LAW – AUSTRALIA – CASES

Guthrie turns to Fair Work with complaint against ABC

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Original article by Max Mason, David Marin-Guzman
The Australian Financial Review – Page: 2 : 19-Oct-18

The Fair Work Commission has received an adverse action claim against the ABC from Michelle Guthrie following her dismissal as MD in late September. Should the case proceed to the Federal Court, Guthrie could potentially seek unlimited compensation for lost remuneration, given that she was sacked only halfway through her five-year contract. Guthrie could also seek compensation for hurt and suffering. Her annual salary of around $900,000 at the ABC is above the threshold for an unfair dismissal claim.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF AUSTRALIA, MAURICE BLACKBURN PTY LTD, JOHNSON WINTER AND SLATTERY

What Glencore doesn’t want the taxman to see

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Original article by Neil Chenoweth
The Australian Financial Review – Page: 36 & 37 : 9-Oct-18

Mining company Glencore has lodged proceedings in the High Court against the Australian Taxation Office. Glencore wants to the court to direct that the ATO give up copies of what are known as the Paradise Papers, which relate to files belonging to Bermuda-based law firm Appleby. Of concern to Glencore is information in the files relating to what has been dubbed Project Everest, which outlined a 2014 corporate restructure which saw Glencore relocate $30 billion worth of resource assets away from the "Australian tax net".

CORPORATES
GLENCORE PLC, AUSTRALIAN TAXATION OFFICE, PRICEWATERHOUSECOOPERS, KING AND WOOD MALLESONS, KPMG AUSTRALIA PTY LTD, APPLEBY

No formal protest over Rush, court told

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Original article by Nicola Berkovic
The Australian – Page: 3 : 27-Sep-18

The defamation case over allegations against Hollywood star Geoffrey Rush has continued in the Federal Court. The case centres on a series of newspaper articles about Rush’s alleged inappropriate behaviour during a Sydney Theatre Company production. Rush’s lawyer told the court that the actress who made the allegations had never lodged a formal complaint about his conduct, and there had been no formal investigation of the allegations. Instead, the allegations had been raised by the actress in a conversation with two other members of the STC in a bar.

CORPORATES
SYDNEY THEATRE COMPANY, FEDERAL COURT OF AUSTRALIA, NATIONWIDE NEWS PTY LTD

Regulator predicts pain for CFMEU

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Original article by Michael Pelly
The Australian Financial Review – Page: 33 : 31-Aug-18

The Construction, Forestry, Maritime, Mining & Energy Union was fined some $5.6m for breaching workplace laws in 2016-17, compared with just $1.8m in the previous financial year. Australian Building & Construction Commission head Stephen McBurney says the militant union could potentially face fines of more than $20m under the Building and Construction Industry (Improving Productivity) Act, which has significantly increased the maximum fines for both individuals and unions. The CFMMEU has been fined more than $1m for workplace breaches so far in 2018-19.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FEDERAL COURT OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION

Casuals’ court triumph will let them ‘double-dip’: bosses

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Original article by Ewin Hannan
The Australian – Page: 2 : 17-Aug-18

Australian Industry Group CEO Innes Willox is among the business leaders who have criticised the Federal Court’s ruling that casual employees who work regular hours are entitled to annual leave. The court found that a Queensland truck driver who worked on a fly-in, fly-out basis could not be considered to be a casual worker under the Fair Work Act due to his "regular and continuous" employment. The court’s decision has been welcomed by the ACTU and the Construction, Forestry, Maritime, Mining & Energy Union.

CORPORATES
FEDERAL COURT OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, ACTU, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), RECRUITMENT, CONSULTING AND STAFFING ASSOCIATION LIMITED, WORKPAC PTY LTD

Court blow for ABCC crusade on union fines

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Original article by Ewin Hannan
The Australian – Page: 2 : 16-Aug-18

The Australian Building & Construction Commission has failed in its bid to have construction union official Alex Tadic personally pay a $7,500 fine for breaching workplace laws. Justice Richard Tracey said that courts can take into account whether a union official has consistently breached workplace laws in the past. He ruled that the Construction, Forestry, Maritime, Mining & Energy Union should pay the fines of Tadic and another official. The union itself was fined $245,000.

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

Spotless accused of scam to underpay cleaners

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Original article by Ewin Hannan
The Australian – Page: 7 : 26-Jul-18

United Voice alleges that Spotless Group was part of a conspiracy to cheat cleaning staff at Myer stores out of wages and entitlements. The union has launched legal action against Spotless, claiming that 58 cleaners had been required to register as independent contractors rather than employees. They were therefore not entitled to superannuation or penalty rates, and were paid a flat hourly wage that was below the award rate. Spotless has denied that it had engaged in sham contracting. United Voice is seeking penalties of at least $A1m.

CORPORATES
SPOTLESS GROUP HOLDINGS LIMITED – ASX SPO, UNITED VOICE, MYER HOLDINGS LIMITED – ASX MYR, INCI CORP PTY LTD, FEDERAL COURT OF AUSTRALIA, MAURICE BLACKBURN PTY LTD

CBA accepts undertaking over BBSW

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Original article by Jonathan Shapiro
The Australian Financial Review – Page: 19 : 12-Jul-18

The Australian Securities & Investment Commission has advised that the Commonwealth Bank of Australia has agreed to an enforceable undertaking with regard to the bank bill swap rate. CBA will pay $25m in fines and costs to settle ASIC’s case over allegations that the bank manipulated the BBSW. National Australia Bank and the ANZ Bank both agreed to pay $50m in total to settle their BBSW cases.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FEDERAL COURT OF AUSTRALIA

ACCC: Click misled consumers

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Original article by Max Mason
The Australian Financial Review – Page: 14 : 10-Jul-18

Electricity and gas retailer Click Energy will dispute allegations of false and misleading conduct. The Australian Competition & Consumer Commission will allege in court that Click Energy’s offer of a 7-29 per cent discount for paying electricity bills on time applied only to its market offer rates, rather than its standard offer rates. ACCC chairman Rod Sims says the discounts were much lower than advertised when compared with Click Energy’s standing offer rates.

CORPORATES
CLICK ENERGY PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AMAYSIM AUSTRALIA LIMITED – ASX AYS, FEDERAL COURT OF AUSTRALIA

Unionist to face trial over documents claim

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Original article by Jared Owens
The Australian – Page: 2 : 3-Jul-18

Construction, Forestry, Mining & Energy Union official Dave Hanna could face a fine of $A10,000 or up to two years in jail for obstructing the trade unions royal commission. It will be alleged that Hanna ordered the destruction of CFMEU documents at the union’s Brisbane headquarters in April 2014, on the same day that the royal commission advised the union that it was interested in viewing union documents dating as far back as 2007.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, AUSTRALIAN LABOR PARTY, BUILDERS’ LABOURERS’ FEDERATION, DISTRICT COURT OF QUEENSLAND