Prosecution page 5 of 49

490 articles are classified in All Articles > Legal > Prosecution


$126K of personal fines imposed on 8 CFMMEU officials

The Federal Court is continuing to order CFMMEU officials to pay penalties out of their own pockets, rejecting arguments that two first offenders and one organiser no longer employed by the union should have their fines suspended.

HR manager involved in breaches, not just a "conduit": Judge

A dumpling chain's HR manager was knowingly concerned in its Fair Work Act contraventions and "did not simply act as a conduit", the Federal Court has held in a liability judgment, finding she also instructed and trained a colleague in a payroll scam using both accurate and inaccurate records.

Unsought payment orders "contrary to public interest": Full court

A full Federal Court has more than halved fines imposed on the CFMMEU for picketing a crane company over a sacked delegate, while also binning orders requiring the delegate to personally pay a $3500 penalty despite it not being part of the case against him.

IR statutes prefer registered unions: SDA

Australian workplace laws have a "legislative preference" for registered unions to act as a "specific vehicle" for workers seeking to enforce their rights under industrial instruments, the Federal Court has heard.

"Extraordinary" zero-penalty push shocks judge

A judge has blasted a company's request for no penalty for flouting IR laws, describing it as "one of the most extraordinary submissions, if not the most extraordinary submission" on fines he had heard in more than 15 years.

Burke wrong on Golden Arches class action: Lawyers

Shine Lawyers claims IR Minister Tony Burke has made "incorrect factual and legal assertions" about a RAFFWU-backed McDonald's class action in which he is seeking to intervene to explain why a competing SDA class action is "the one that should be allowed to proceed".

Systemic governance issues in universities: Ombudsman

Some Australian universities have engaged in "passive resistance" when questioned over employee underpayments and record-keeping, according to Fair Work Ombudsman Sandra Parker.

Ghost of ABCC continues to haunt CFMMEU

The ABCC might be gone, but its legacy continues, with the Federal Court fining the CFMMEU and six officials more than $300,000 for entry breaches on a highway upgrade in 2018.

Union in ROC sights over leader's suspect expenses

The ROC is probing whether a CFMMEU branch is complying with financial obligations following an investigation that prompted a Federal Court case against its leader, while the watchdog has decided not to pursue the National Retail Association over membership irregularities.