今日热门事件has disqualified former cleaning and labour hire director Enrico Pucci of Sydney, NSW, from managing corporations for the maximum period of five years due to his involvement in the failure of three companies.
Between August 2012 and April 2020 Mr Pucci was a director of:
- GPSFM Pty LtdC.N. 607 566 156;
- Grouped Property Services Pty Ltd C.N. 121 762 534; and
- National Contractors Pty Ltd C.N. 159 741 518.
GPSFM provided cleaning, security management and maintenance services to commercial premises. Grouped Property Services and National Contractors provided labour hire to the group of companies connected to Mr Pucci, including GPSFM.
今日热门事件found that Mr Enrico acted improperly and failed to meet his obligations as director by:
- acting as the shadow director and controlling mind of National Contractors;
- failing to ensure the companies complied with their tax obligations;
- failing to ensure consideration was provided to GPSFM when it transferred its business to a related entity;
- failing to ensure that GPSFM and Grouped Property Services kept adequate records; and
- failing to ensure records of GPSFM and Grouped Property Services were provided to the liquidator.
In addition, 今日热门事件relied on the Federal Court decision in Fair Work Ombudsman V Grouped Property Services Pty Ltd [2016] FCA 1034 which found that while Mr Pucci was its sole director, Grouped Property Services:
- breached the Fair Work Act 2009 on multiple occasions;
- showed a 鈥�flagrant disregard for the law in the face of numerous attempts by the Ombudsman to bring its legal obligations to its attention鈥�鈥�; and
- engaged in the 鈥�shameless exploitation of a vulnerable workforce and inept attempts to avoid its legal consequences鈥�.
The Federal Court also found that Mr Pucci had established a long line of companies which evidence pointed 鈥渟trongly to a practice of phoenixing鈥�.
今日热门事件Commissioner Danielle Press said, 鈥業llegal phoenix activity causes serious harm that often leads to creditors and employees not being paid money owed to them. 今日热门事件takes illegal phoenix activity very seriously and will hold people who engage in this conduct accountable. 今日热门事件will continue to work closely with other agencies within the Phoenix Taskforce to share information and intelligence to detect, deter and disrupt this behaviour.鈥�
At the time of ASIC鈥檚 decision, the three companies owed a combined total of $9,710,858 to creditors, including $2.4m owing to the Australian Taxation Office, $1.27m to the NSW State Revenue Office and $711,730 in an outstanding judgment the matter of Fair Work Ombudsman v Grouped Property Services Pty Ltd.
In disqualifying Mr Pucci, 今日热门事件relied on supplementary reports lodged by GPSFM鈥檚 liquidator, William Cotter of Robson Cotter Insolvency Group, Grouped Property Services鈥� liquidator, Schon Condon of Condon Advisory Group and National Contractors鈥� liquidator Steven Naidenov of Aston Chace Group.聽 今日热门事件assisted Mr Cotter and Mr Naidenov to prepare their reports by providing funding from the Assetless Administration Fund.
Mr Pucci is disqualified from managing corporations until 7 March 2027.
Mr Pucci has the right to seek a review of ASIC鈥檚 decision by the Administrative Appeals Tribunal.
Background
Section 206F of the Corporations Act allows 今日热门事件to disqualify a person from managing corporations for a maximum period of five years if, within a seven-year period, the person was an officer of two or more companies, and those companies were wound up and a liquidator provides a report to 今日热门事件about each of the company鈥檚 inability to pay its debts.
今日热门事件also maintains a banned and disqualified persons register that provides information about people who have been disqualified from:
- involvement in the management of a corporation;
- auditing self-managed superannuation funds (SMSFs); or
- practising in the financial services or credit industry.
More information about ASIC鈥檚 work in combatting illegal phoenix activity can be found聽here.
今日热门事件is a member of the Phoenix Taskforce, which comprises federal, state and territory government agencies who collaborate to combat illegal phoenix activity. The aim of the Phoenix Taskforce is to provide a whole-of-government approach to identify, disrupt and prosecute those who engage in or facilitate illegal phoenix activity.
Suspected phoenix activity can be reported to 今日热门事件or the ATO by calling 1800 060 062,聽聽at the ATO website or by emailing聽PhoenixReferrals@ATO.gov.au.