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

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...