LAW – AUSTRALIA – CASES

Boral’s threat to fire workers over building code unlawful

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 4-Sep-17

Most of De Martin & Gasparini’s employees in Sydney rejected proposed changes to their enterprise agreement in June, prompting parent company Boral to threaten all DMG employees with dismissal. The Federal Court has ruled that Boral acted unlawfully in threatening to sack DMG staff unless they endorsed changes to make their enterprise agreement compliant with the new building code. DMG subsequently secured a deal with the Construction, Forestry, Mining & Energy Union to make its enterprise agreement compliant with the code.

CORPORATES
BORAL LIMITED – ASX BLD, DE MARTIN AND GASPARINI PTY LTD, FEDERAL COURT OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

Village to sue hundreds of Aussies for piracy

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Original article by John Davidson
The Australian Financial Review – Page: 29 : 21-Aug-17

Village Roadshow intends to pursue legal action against Australians who download illegal copies of films and TV shows. Co-CEO Graham Burke says the film producer will only seek to recover the loss of revenue as a result of the piracy, as well as costs, rather than the huge damages payouts that had been initially been awarded for copyright violation in the US. The Federal Court recently ruled that local ISPs must block access to an additional 42 websites that provide access to pirated content.

CORPORATES
VILLAGE ROADSHOW LIMITED – ASX VRL, FEDERAL COURT OF AUSTRALIA, CREATIVE CONTENT AUSTRALIA, GOOGLE INCORPORATED, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, IPRIMUS

Forrest wins fight to keep miners off his land

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Original article by Paul Garvey
The Australian – Page: 17 & 21 : 18-Aug-17

The High Court has upheld Andrew Forrest’s challenge to the validity of licences that were issued to Yarri Mining and ­Onslow Resources to mine sand on his Minderoo cattle station in Western Australia. The court ruled that the private companies’ mining proposals and mineralisation reports had been lodged after their mining lease applications, in breach of the Mining Act. The ruling could have implications for other mining licences in WA, and Gilbert + Tobin partner Marshall McKenna estimates that around five per cent of mining leases in the state could now be invalid.

CORPORATES
YARRI MINING PTY LTD, ONSLOW RESOURCES LIMITED, HIGH COURT OF AUSTRALIA, GILBERT AND TOBIN LAWYERS, WESTERN AUSTRALIA. DEPT OF MINES, INDUSTRY REGULATION AND SAFETY, FORTESCUE METALS GROUP LIMITED – ASX FMG, CAULDRON ENERGY LIMITED – ASX CXU, PERTH GLORY SOCCER CLUB PTY LTD

Unlawful strikes cost ‘woeful’ CFMEU $300,000

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Original article by Ewin Hannan
The Australian – Page: 7 : 4-Aug-17

The Construction, Forestry, Mining & Energy Union has been ordered to pay $A300,000 in fines arising from unprotected strike action at three Queensland building sites in May 2011. The Federal Court described the CFMEU as a "recidivist" with a long history of failing to comply with workplace laws. The Communications, Electrical & Plumbing Union has been fined $A130,000 for participating in the unlawful strike action, and the court noted that it has a better record of complying with workplace laws than the CFMEU.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY

CBA faces laundering rap

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Original article by James Frost
The Australian Financial Review – Page: 1 & 12 : 4-Aug-17

AUSTRAC has accused the Commonwealth Bank of Australia of not being in compliance with money-laundering regulations, and has launched legal action against it in the Federal Court. AUSTRAC contends that the CBA has not properly monitored or reported large cash transactions being made through its ATMs. AUSTRAC has stated that there have been 53,700 occasions since 2012 when the $A10,000 threshold above which transactions must be disclosed were exceeded, but they were either not reported to AUSTRAC or were not reported in time for it to take action. A maximum penalty of $A18 million applies to each incident of non-compliance with disclosure rules.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE TREASURY, BNP PARIBAS SA

Steep fine for 7-Eleven boss over pay rort

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Original article by Sarah Danckert
The Age – Page: 11 : 25-Jul-17

A former Brisbane-based 7-Eleven franchisee has been fined $A168,000 by the Federal Court, following an investigation by the Fair Work Ombudsman into wage underpayment. Jim Chien-Ching Chang was found to have underpaid eight employees by almost $A20,000, with one employee found to have been underpaid by almost $A14,000. The court heard that Chang had admitted to paying staff as little as $A13 an hour at all times of the day.

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

Historic native title ruling: Fortescue up for ‘astronomical’ sum

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Original article by Andrew Burrell
The Australian – Page: 1 & 6 : 21-Jul-17

Fortescue Metals­ Group has advised that a native title ruling is unlikely to affect production at its Solomon iron ore mine in Western Australia’s Pilbara region. The Federal Court has ruled that the Yindjibarndi people are entitled to exclusive native title rights over a large area of land in the state, including the site of the Solomon mine. The Yindjibarndi could potentially be entitled to compensation of around $A100m for royalties from the mine. Fortescue shares closed 3.5 per cent lower at $A5.19 in response to the judgment.

CORPORATES
FORTESCUE METALS GROUP LIMITED – ASX FMG, YINDJIBARNDI ABORIGINAL CORPORATION, FEDERAL COURT OF AUSTRALIA, WIRLU-MURRA YINDJIBARNDI ABORIGINAL CORPORATION, RIO TINTO LIMITED – ASX RIO

Tatts takeover at risk of delay, says Tabcorp

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Original article by Sarah-Jane Tasker
The Australian – Page: 19 : 12-Jul-17

Tabcorp has advised shareholders that a court challenge should not affect its timetable to complete an $A11bn merger with Tatts Group. The wagering giant still expects the deal to be completed during the December 2017 quarter, despite a move by the Australian Competition & Consumer Commission to seek a judicial review of the Competition Tribunal’s decision to approve the merger. Tabcorp has indicated that it will push for an expedited hearing of the ACCC’s application to the Federal Court.

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. COMPETITION TRIBUNAL, FEDERAL COURT OF AUSTRALIA, DEUTSCHE BANK AG, ORD MINNETT GROUP LIMITED, MACQUARIE GROUP LIMITED – ASX MQG, PACIFIC CONSORTIUM

ACCC appeals Tabcorp-Tatts merger ruling

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Original article by Ben Butler
The Australian – Page: 17 & 20 : 11-Jul-17

The Australian Competition & Consumer Commission will challenge the Competition Tribunal’s decision to approve the $A11bn merger between Tabcorp and Tatts Group. The ACCC has argued in the Federal Court that the tribunal made three legal errors in approving the deal. Amongst other things, it claims that the tribunal only considered whether the merger would be detrimental if it resulted in a "substantial" lessening of competition. The ACCC is of the view that the tribunal should have considered whether there would be any lessening of competition.

CORPORATES
TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. COMPETITION TRIBUNAL, FEDERAL COURT OF AUSTRALIA, PACIFIC BRANDS LIMITED

‘I wouldn’t apologise for 50k,’ Harrison warns Seven

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Original article by Misa Han
The Australian Financial Review – Page: 2 : 10-Jul-17

Seven West Media is believed to have incurred legal costs of more than $A1m in its dispute with former employee Amber Harrison. Seven will seek to recover its full legal costs after insisting that Harrison must issue a public apology as part of a deal to settle the case. Harrison had offered to abandon legal action against Seven and accept a permanent suppression order, but with no apology or payment from Seven. The media group had offered to pay her $A50,000 to settle the dispute.

CORPORATES
SEVEN WEST MEDIA LIMITED – ASX SWM, SEVEN NETWORK LIMITED, JOHNSON WINTER AND SLATTERY, AUSTRALIAN HUMAN RIGHTS COMMISSION, FEDERAL COURT OF AUSTRALIA