Read The Times Australia

Daily Bulletin

Government cracks down on secret company payments to unions

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

The government has announced legislation to ban secret payments between employers and unions, with companies facing criminal penalties of up to A$4.5 million for breaches when the payment could have a corrupting influence.

While payments for “genuine” purposes will be permitted, they will have to be disclosed.

The crackdown was announced by Prime Minister Malcolm Turnbull and Employment Minister Michaelia Cash. Meanwhile the opposition continued to ramp up its campaign against the government over penalty rates, with Bill Shorten introducing a private member’s bill to protect them.

The government will make a written submission this week to the Fair Work Commission’s consideration of the transitional arrangements for introducing its cut to Sunday penalty rates. There will be a hearing on the arrangements in early May.

Turnbull and Cash challenged Shorten to support the government’s legislation, to be introduced on Wednesday. Cash said it should be “relatively uncontroversial” – it was a test for Shorten and Labor.

The Australian Workers’ Union under Shorten received secret employer payments, stories about which were widely aired at the Heydon royal commission into trade unions. The commission recommended a ban on payments.

Turnbull told a news conference that during the royal commission, “Australians were horrified to see the extent of secret payments made by employers, big business very often, to trade unions, and in particular the Australian Workers’ Union”.

These had very often been in circumstances where, in an industrial agreement, the union had agreed to trade away workers’ entitlements, Turnbull said.

Under the proposed legislation, those who make, receive, solicit or offer payments or benefits intended to corrupt a union official will face up to ten years jail, and fines of up to A$900,000 for an individual or A$4.5 million for a company or union.

Penalties for payments or benefits other than specified legitimate payments – such as genuine membership fees – will be two years jail, up to a $90,000 fine for an individual or $450,000 for a company or union.

The royal commission said, on the basis of case studies, that “the existing criminal laws do not appear to operate as much of a deterrent to employers giving and union officials taking bribes, secret commissions and other unlawful payments, particularly in the building and construction industry”.

Turnbull and Cash stressed that penalties would apply equally to employers and unions. “The person offering or making the benefit will be subject to the same penalties as the person soliciting or receiving it,” they said in a statement.

Cash said transparency was vital. Where legitimate payments were being made in the negotiation of an enterprise agreement, the legislation would require disclosure so employees would know about them when they voted on the agreement.

“If money changes hands between an employer and a union, both parties have an obligation to honestly declare what has occurred and why,” she said.

Cash rejected the suggestion that corruption was already covered under the existing law.

She said the royal commission had noted that across the country there were different laws in relation to bribery. “There is no consistency and it is often very difficult to prove. … Commissioner Heydon recommended that a Commonwealth offence be introduced and a very clear offence which outlawed basically all payments full stop, unless they are legitimate. And that is exactly what we have done, so you have consistency across the board in the industrial regime.”

She said that for a service payment to be legitimate, it would have to be shown that it was a genuine service. For example, for a payment into a safety training fund, it would need to be shown not only that a program was undertaken, but also that the service was charged at a market rate.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/government-cracks-down-on-secret-company-payments-to-unions-74828

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Businesses Are Choosing Virtual Reception Services

In today’s fast-paced digital world, businesses are constantly evolving to meet the needs of their...

Why Concrete Pools Offer Endless Design Possibilities

Imagine stepping into your backyard and being greeted by a stunning pool that reflects your person...

How Legal Advice Can Help with Driving Offences

Driving is a part of everyday life for many people. It allows us the freedom to travel, commute, a...

How Experienced Lawyers Support Criminal Defence

Facing criminal charges can be one of the most daunting experiences in a person's life. The stakes...

How media and Digital Marketing agencies Help Brands Stand Out

In today’s hyper-connected world, standing out is more challenging than ever. Brands are competing...

How to Choose the Perfect Honeymoon Destination

Your wedding day is just the beginning of an incredible journey together. After saying "I do," it’...

Walking Shoes vs Running Shoes: Which Are Better for Daily Walking?

Running shoes have become the default athletic footwear for a lot of people who rarely run. That ...

What Happens to Your Rubbish After It Leaves the Kerb

Most of us don’t think much about rubbish once the bin lid closes. The truck arrives, the bins are e...

Thermoplastic vs. Paint: The True Long-Term Cost Comparison

Line marking looks like a simple line item on a school maintenance budget, until the true cost of ...