26 November 2012Glazing business manager convicted after misleading FWBC

The wife of a director of a glazing business who produced forged documents to Fair Work Building and Construction’s predecessor, and urged another person to hinder one of the industry regulator’s inspectors, has been convicted and fined $3000.

The defendant, Donna Hunter, pleaded guilty to two counts of producing a tax invoice knowing that the document was false and to urging another individual to hinder the sham contracting investigation into her husband’s business, Dominator Industries Pty Ltd trading as Reflex Glazing.

FWBC Chief Executive Leigh Johns said the sentence showed how serious it was to mislead Commonwealth officials.

“We won’t tolerate people knowingly producing fake documents or encouraging others to hinder our investigations,” Mr Johns said.

“As well as knowingly providing false tax invoices, Ms Hunter attempted to hinder our investigation by urging another person to commit a criminal offence, scripting false answers she wanted him to provide to the FWBC Inspector.

FWBC referred the matter to the Commonwealth Director of Public Prosecutions because the offences fell within the Criminal Code 1995 (Cth) and not under the Fair Work Act or other relevant codes regulated by FWBC.

“Subjects of an FWBC investigation should know that just because the offences don’t fall within our jurisdiction doesn’t mean we won’t refer them on, as we have in this case.”

Ms Hunter was ordered to enter into an 18 month good behaviour bond. On the s149.1(1)offence of urging an individual to hinder the investigation, Ms Hunter was convicted and ordered to pay a penalty of $3,000.

In sentencing, Magistrate Ryan said the offences were ‘too serious’ for Ms Hunter to escape conviction.

Magistrate Ryan went on to say that producing records to a Commonwealth official that Ms Hunter had falsified was not trivial, and that asking a person to lie to a Commonwealth official and commit a criminal offence by doing so, is a serious matter.