THE collapse of construction company Grocon shows Australia needs effective national security of payment laws to ensure workers, subcontractors and small businesses are not left carrying the can when builders and property developers go into administration or liquidation, says the CFMEU.

“In nearly all instances it is small businesses and subcontractors who do the majority of the work on sites, but it is the big developers who hold back payments,” said Dave Noonan, CFMEU National Construction Secretary.

“This is a massive rort that has been besetting the industry for decades. The latest Grocon collapse is just like Groundhog Day for anyone who has been around the construction industry for any length of time.

"The Federal Government is well-aware of the problem and commissioned John Murray, former CEO of Master Builders Australia and a former construction lawyer with decades of experience to investigate the widespread industry practice of non-payment or late payment of money owed for work done.

"The Murray Report made 86 recommendations around national security of payment laws and the introduction of statutory trusts which the government has been sitting on since 2017," Mr Noonan said.

“Master Builders Australia have consistently acted to stop the introduction of security of payment laws which only serves interest of big property developers and builders, and damages the small businesses and subcontractors who actually do the work in the industry.

“We call on the MBA to support the recommendations made by their former CEO, John Murray, and do right thing for small businesses and subcontractors.”

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MICHAEL RAY, a 38-year-old fraud syndicate member who conspired to defraud the Commonwealth of more than $5 million through Goods and Services Tax (GST) refunds, has been sentenced to five years imprisonment with a non-parole period of three years after facing the Melbourne County Court today.

The Australian Federal Police (AFP) and Australian Taxation Office (ATO) joint investigation, known as Operation SPINEL, identified and charged the South Melbourne man, in May 2017, along with two other members of the Victorian-based fraud syndicate.

Mr Ray was charged after detectives identified he had attempted to obtain a share in over $5 million and did dishonestly obtain a share in more than $2.5 million from the GST fraud scheme which had operated between November 12, 2010 and December 14, 2012.

The scheme was concocted to illegally obtain personal identifying information. This information was then used to create false entities and register them for GST. Business activity statements (BAS) were then lodged to claim false GST refunds, which were directed to bank accounts that had been created using the stolen identities.

In total, the scheme intended to defraud the Commonwealth of more than $5 million.

Police executed search warrants at a number of Melbourne properties and safety deposit boxes, seizing more than $1.5 million in cash.

Mr Ray was sentenced today to five years imprisonment, with a non-parole period of three years, after he pleaded guilty to conspiracy with the intention of dishonestly obtaining a gain from the Commonwealth, contrary to Section 135.4(1) of the Criminal Code (Cth).

ATO Assistant Commissioner Ian Read said this was a successful result under the partnership of the ATO and AFP, who work together to investigate serious criminal activities.

"Tax crime affects the whole community by reducing the revenue that is available to fund essential community services," Mr Read said. "We know the majority of people are honest, but there is a small percentage of people who deliberately abuse the tax and super system for their own financial benefit. Today’s sentencing shows that these people will be held to account.

“$1.5 million has been recovered and those who had their identity compromised were provided support to help get their affairs back on track. This is an excellent result,” Mr Read said.

This matter was prosecuted by the Commonwealth Director of Public Prosecutions.

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THE Review Panel final report on Retirement Income has been welcomed by self-funded retirees "as it provides a much-needed fact-based assessment of the three pillars of the Age Pension, compulsory superannuation and private savings that are the foundation of Australia’s retirement income system,” according to Wayne Strandquist, president of the Association of Independent Retirees (AIR).

“Retirement income derived by self-funded retirees can be drawn from one or any combination of the three pillars of Australia’s retirement income system and self-funded retirees have a direct interest in any changes that may be contemplated by the Government as a result of the Review Panel report,” Mr Strandquist said.

“The Association of Independent Retirees is pleased to note that the key observation of the Review Panel was that ‘the Australian retirement income is effective, sound and its costs are sustainable’,” he said.  “This observation provides a sound basis for consideration of any changes that may arise from the report to address issues of inequity and ensuring the system delivers a retirement income that achieves a reasonable balance in relation to working life earnings and retirement income.

“When compulsory superannuation was introduced in 1992, the government of the day and subsequent governments have supported tax concessions to encourage greater independence of the working population in funding their retirement. The Superannuation Guarantee has not as yet reached full maturity and there is still a requirement to encourage more Australians to be less dependent on the Age Pension.
 
“Self-funded retirees need to be sure that they have adequate savings to fund their retirement for a multitude of reasons apart from funding a reasonable standard of living," Mr Strandquist said. "

These reasons being having sufficient funds invested to ride out economic instability in instances such as the GFC and COVID-19, cover inflation affecting the cost of living, providing for higher health care costs in old age, providing for residential aged care if required, and providing for times of low-interest rates.
 
“AIR is looking forward to working with the Government to draft legislation that will address issues raised in the fact-based report on retirement income,” Mr Strandquist said.

 www.independentretirees.com.au

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THE Retirement Income Review panel’s report clearly shows the need to address the significant gender-blind spot at the heart of Australia’s superannuation system, according to HESTA CEO Debby Blakey.

Ms Blakey welcomed the release of the review and its findings that Australia's super system is ‘effective, sound and sustainable’ and is making a significant contribution to lowering future Age Pension costs.

Ms Blakey said the review is the latest in a long line of reports that have shone a spotlight on the persisting gender inequalities in Australia’s superannuation system.

“Urgent reform to make our super system fairer for women is long overdue,” Ms Blakey said.

“Australia’s working women would be dismayed if the government did not now take substantial steps to address these long-standing issues, given they now have this latest evidence at their fingertips.”

Ms Blakey said she welcomed the findings of the Retirement Income Review that noted pension systems around the world recognised the different working patterns of women and sought to appropriately value the unpaid caring roles they uniquely perform.

“Australia is out of step with this global trend, leaving women more vulnerable to poverty later in life. The failure to address long-standing gender inequities in super risks consigning the next generation of Australia’s mothers and their daughters to greater financial vulnerability as they age.”

Ms Blakey said it was hard to understand the panel’s view that lifting the Superannuation Guarantee to 12 percent would ‘deliver an intolerable equity gap between men and women’.

“The super equity gap women experience has long been intolerable," Ms Blakey said. "Telling working women that they should have less to retire on because men would have relatively more super simply highlights how much the thinking needs to change if we’re to improve women’s financial outcomes.”

In its submission to the review, HESTA recommended eight key equity measures that would have a long-term positive impact on the retirement outcomes of women and those earning lower wages.

These included appropriately valuing unpaid caring roles and Ms Blakey said it was encouraging that the review found a form of ‘caring credits’ could be implemented but with Australian characteristics.

Ms Blakey said the review revealed it was also women who were doing the heavy lifting to close the gender super gap, making comparatively more voluntary after-tax contributions than men.

“Women shouldn’t have to make up for the shortcomings of the system – and it’s typically only higher-income earners that are able to do this,” Ms Blakey said.

Single women over the age of 55 are the fastest-growing cohort experiencing homelessness. The review highlighted the challenges single women face to achieve financial security in retirement, with the increased divorce rate later in life highlighting the need to reform super splitting arrangements.

Significant numbers of working Australians also struggle to afford rent let alone use home ownership to support retirement income.

“Reform to our system needs to build on the founding principles of super - of universality, fairness and dignity in retirement for all.”

About HESTA

HESTA is the largest superannuation fund dedicated to Australia’s health and community services sector. More than half of those working in the sector nationally invest their retirement savings with HESTA. An industry fund that’s run to benefit members, HESTA now has over 870,000 members (more than 80 percent are women) and manages more than $54 billion in assets invested around the world. HESTA is the acronym for Health Employees Superannuation Trust Australia.

www.hesta.com.au

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