8 June, 2015
The Royal Commission into Trade Union Governance and Corruption has released a Discussion Paper.1 The purpose? Discuss options for reform in matters arising out of the Commission’s inquiries.
A high-level overview of key proposals for discussion include:
Regulation Of Unions
- Adopt uniform laws in relation to the regulation of unions, including a single regulator separate and independent from the Fair Work Commission?
- Restrictions on political donations?
Regulation Of Union Officials
- Should a corporate governance model inform the regulation of union officials?
- Making officers criminally liable for an intentionally dishonest or reckless breach of their duties?
Disqualification Of Union Officials
- Additional grounds of automatic disqualification of a person for holding office in a union should be added?
- A criminal offence for a disqualified person to be involved in the management or control of a union?
Banning Notices And Orders
- Allowing a regulator to apply to a court for an order disqualifying a person from holding office in a union for a specified period?
Right Of Entry Permits
- Penalties for misuse of a right of entry permit should be increased?
Relevant Entities (e.g. Union-Associated Funds)
- Minimum governance standards be imposed on all or some ‘relevant entities’ (including fighting funds, election funds, superannuation funds, and other generic funds)?
Corrupting Benefits
- Creating a criminal offence for giving a ‘corrupting benefit’ to an organisation (in order, for example, to avoid threatened conduct by a union)?
- A penalty of up to AUD 17m for ‘body corporates’ and AUD 1.7m for individuals?
Building And Construction Industry
- Specific industrial laws that apply only to building industry participants (e.g. laws for unlawful pickets)?
- More effective enforcement of injunctions and other court orders?
- Increasing penalties for engaging in secondary boycotts?
Interested parties are invited to provide submissions by Friday 21 August 2015.
End Notes:
- The Discussion Paper is available here.
For further information, please contact:
John Cooper, Partner, Herbert Smith Freehills
Herbert Smith Freehills Labour & Employment Practice Profile in Australia
Homegrown Labour & Employment Law Firms in Australia