The Australian
http://news.com.au/common/story_page/0,2294,263808%255E421,00.html

Reith plan to make directors pay
By SID MARRIS and DAVID NASON
29jan00

COMPANY directors may have to pay workers entitlements out of their own 
money if a court finds they deliberately tried to avoid their commitments 
under plans already approved by senior federal ministers.

The provisions are part of a package Employment Minister Peter Reith will 
take to cabinet on February 8, following a series of company collapses that 
have left workers without money owed them, including the 312 employees of 
National Textiles who were told yesterday they would receive just $7.2 
million of their $11.3 million in entitlements.

The employees of the NSW Hunter Valley cloth manufacturer, most of whom 
earned $350 to $450 a week, were irate when told at a creditors meeting in 
Newcastle that they would get 50 per cent of the termination and redundancy 
payments. The workers will get 100 per cent of their superannuation, long 
service pay, outstanding wages and sick leave entitlements, but will have 
to wait at least 18 months to get it.

The federal Government proposals, approved in July by the Ministerial 
Council for Corporations, extend existing personal liabilities that apply 
if directors are found to be deliberately trading when insolvent. The 
Government will not backdate the tougher legal sanctions, after announcing 
this week a proposed $20,000 a head safety net scheme would apply from 
January 1.

Mr Reith said yesterday it was appropriate to "put the ruler" over the 
collapse of companies to ensure directors had met their obligations.

"And where they haven't, I think we should throw the book at them," he said.

Opposition industrial relations spokesman Arch Bevis said laws giving 
workers the right to make a claim on the personal assets of directors would 
be a "strong incentive to ensure directors do not dip into employee funds".

But National Textiles chairman Stan Howard - the Prime Minister's brother - 
scoffed at the idea.

"Adopt a situation where directors are personally liable and you would have 
no directors," Mr Howard said after the Newcastle meeting. Subject to 
approval by the receiver, most of National Textiles plant and equipment 
will be sold to Bruck Textiles, a company that employs 500 people at 
Wangaratta, in Victoria.

The remaining plant and equipment will be moved to National Textiles' 
sister company, Australian Weaving Mills, which is based at Devonport in 
Tasmania.

"Hopefully, that will protect the 250 jobs in Devonport that otherwise may 
come under threat," said former National Textiles chief executive Derek 
Hodge, who will get $2000 of $300,000 owed him.

But that meant little to father of two Daniel Ilic, who had worked 16 years 
for the company and who described the payout regime as "piss poor".

The creditors meeting was told that the two main secured creditors - the 
Scottish Pacific Bank and Oldtex - would be paid out in full, receiving 
$6.5 million and $3.7 million respectively.

But unsecured creditors such as Newcastle plumber John Phillips, who is 
owed $31,000, were told they would receive 5c in the dollar. Mr Phillips 
said he and other contractors had plainly been "taken for a ride".

"They had contractors working out there just two to three days before they 
shut the business down," Mr Phillips said.

"Somebody must have known they were going to pull the plug. I just don't 
think that is right."

*************************************************************************
This posting is provided to the individual members of this  group without
permission from the copyright owner for purposes  of criticism, comment,
scholarship and research under the "fair use" provisions of the Federal
copyright laws and it may not be distributed further without permission of
the copyright owner, except for "fair use."






--

           Leftlink - Australia's Broad Left Mailing List
                            mailto:[EMAIL PROTECTED]
         http://www.alexia.net.au/~www/mhutton/index.html

Sponsored by Melbourne's New International Bookshop
Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink
Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink

Reply via email to