Sydney ferry staff take industrial action

SYDNEY ferry workers have decided to take industrial action this weekend but it will hurt the NSW government rather than ferrygoers.

The Maritime Union of Australia has told its workers not to collect ferry tickets after 6pm on Friday, Saturday and Sunday, the latest salvo in a wages dispute with Harbour City Ferries.

"The workers will still be there to get people on and off the boat," said MUA Sydney assistant secretary Paul Garrett with massive crowds expected in the city for the popular Vivid Festival this weekend.

"We want Harbour City to come and make fair proposals."

Mr Garrett said workers were being asked to take a pay rise that was below inflation while some were being offered work at $500 per week less than before.

Transport Minister Gladys Berejiklian said she was dismayed by the decision which followed months of negotiations between Harbour City and the unions.

"I am disappointed that both the Maritime Union of Australia and the Australian Institute of Marine and Power Engineers have chosen to take industrial action this weekend, during the popular Vivid Festival," she said in a statement.

"I'm dismayed that the unions would choose to sabotage the Vivid Festival and disrupt the journeys of so many people, including families."

Harbour City Ferries chief executive Steffen Faurby said his organisation would try to minimise disruptions.

"We will continue negotiations, but our main priority is making sure our customers are not inconvenienced," he said.

Mr Faurby said extra services were being run during Vivid.

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Diver dies in search of South Korean ferry

A DIVER has died during the search for people still missing inside a sunken South Korean ferry.

It's the second such death among divers mobilised since the ferry sank on April 16, leaving more than 300 people dead or missing.

Government task force spokesman Ko Myung-seok says the diver fell unconscious when he was pulled to the surface by fellow divers on Friday.

The diver received CPR and was taken to a hospital on a helicopter but was declared dead there. The exact cause wasn't known.

Ko says the diver was cutting open parts of the ship exterior to make searches easier.

Since the sinking, 288 bodies have been recovered but 16 people are still missing. No new body has been retrieved since May 21.

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WA shoplifter jailed over guard attack

A PERTH woman who shoplifted lollies and chips, and then ran over an undercover security guard who confronted her has been jailed for three years.

Narissa Marie Gidgup was with two children when she stole confectionery and cosmetics worth a total of $60 from a Coles supermarket last July.

Gidgup was confronted by a female covert security guard dressed in casual clothes and a male security guard when she sprayed the male guard in the face with deodorant and then tried to flee in a car.

She attempted to run both guards over, but her car got stuck on a bollard, so she turned it around and sped towards the female guard, striking her head-on, the Perth District Court heard on Friday.

The guard was carried onto the bonnet and became trapped under the vehicle as Gidgup drove over her.

Gidgup reversed the car, crashing into a pole and then the car stalled as she tried to flee.

The male guard grabbed the keys from the ignition, but Gidgup then charged at him, the court heard.

He punched her in the face and attempted to grab her cardigan to stop her from leaving, but it was pulled off in the struggle.

Gidgup then removed other garments and spat in his face until police arrived.

The female guard suffered injuries to her legs, hip, ribs and back.

In sentencing, Judge Ronald Birmingham said it was lucky her injuries were not more serious.

Judge Birmingham rejected claims Gidgup was stealing because she was "desperately hungry" for food, saying it was "sly deliberate stealing".

"There was preparation, forethought and certainly persistence in your offending conduct," he said.

Judge Birmingham also noted Gidgup's mental health, alcohol and drug abuse, and lengthy criminal record.

He said she had little remorse and was likely to reoffend.

Gidgup's sentenced was backdated to March 2013 and must serve 18 months behind bars before being eligible for parole.

She will also be disqualified from holding or obtaining a driver's licence for two years, to begin upon her release from prison.

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Vic agencies unprepared for scale of fire

A VICTORIAN coalmine fire was so big it took agencies responsible for firefighters' health time to adjust to the scale of their task, the state's fire chief says.

Fire Service Commissioner Craig Lapsley has dubbed health monitoring at the Hazelwood mine fire a success but said the response would have to be better at future fires.

The monitoring system was based on previous, smaller fires and agencies improved over the 45 days the fire burned, Mr Lapsley said.

"We had to be agile in the way that we did it," Mr Lapsley told an inquiry into the blaze on Friday.

"The system of work needs to be embedded to ensure that we can deal with not only 30 or 40 firefighters, but the shifts of 200, 300, 400 if it was to happen again."

Fourteen firefighters were hospitalised with carbon monoxide poisoning while battling the blaze.

The inquiry heard the monitoring project was the largest of its kind in the world, with 7000 people being assessed for the effects of carbon monoxide poisoning and 23 WorkCover claims filed.

"I'd say (it was) a very successful operation," Mr Lapsley said.

The inquiry heard the risk of carbon monoxide poisoning at mine fires was known following a 2006 fire, but when the blaze started on February 9 the Country Fire Authority was yet to implement a 2010 draft operating procedure.

Mr Lapsley said it should have been signed off and published earlier.

He was also pressed on why firefighters were not given breathing apparatuses after it was agreed they should be compulsory when entering the mine.

Mr Lapsley said protocols were set around the use of breathing apparatuses in consultation with firefighters who did their own "dynamic risk assessment".

"It was found to be totally impractical to actually wear a breathing apparatus all the time," Mr Lapsley said.

He was also questioned on the possibility of the fire starting within the mine, which he said he could not rule out but was unlikely.

"The probability of having a fire start within the mine from some vehicle movement, mechanical device or other things, you couldn't actually take away," Mr Lapsley said, adding there was no evidence of fires starting from any way other than ember attacks.

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ASIO HQ a step closer: spy boss

TEN months have passed since its official opening, and in about another seven months Australia's spy agency should finally move into its new Canberra headquarters.

The $680 million building on the northern side of Lake Burley Griffin has been plagued by delays and budget blowouts, but Australian Security and Intelligence Organisation (ASIO) director-general David Irvine can see a conclusion.

"The first cohorts should be going in towards the end of the year (or) early next year," he told a Senate estimates hearing on Thursday.

Former prime minister Kevin Rudd officially opened the imposing, multistorey building in July 2013, more than a year after it was due to be ready.

Since then, windows have fallen off the building, and problems remain to be fixed.

"Further remediation work will still be required on the air-conditioning system," Mr Irvine said.

Those problems stem from difficulties with the building's automatic fire doors. The access system also has problems.

After the repairs, Mr Irvine expects to get the keys in mid-June, and after some top-secret tweaking, such as with the wiring and internal fitout, the workers can move in.

However, Mr Irvine will not get the chance to work in the new building. He retires in September.

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Westfield restructure plan on ice

Westfield chairman Frank Lowy has endured vocal criticism from shareholders over a restructure plan. Source: AAP

THE Lowy family has suffered a setback to its plans for a $70 billion restructure of Westfield following a revolt from small investors in its managed trust, who accused the shopping mall barons of using strong-arm tactics to get a crucial vote to go their way.

A meeting of Westfield Retail Trust (WRT) shareholders was adjourned suddenly on Thursday before the final outcome of a vote on the restructure was known.

Another vote is planned to be held within a fortnight.

The move followed a warning earlier in the day from Westfield founder and chairman Frank Lowy, who vowed to press ahead with plans to split Westfield's Australasian and global businesses regardless of the whether WRT shareholders supported the deal.

Under the restructure plan, Westfield's Australian and New Zealand businesses would merge with WRT to create a new entity, to be called Scentre.

Westfield Group's international business, which includes malls in Great Britain and at the World Trade Center in New York, would become Westfield Corporation.

But the board of WRT considered the warning from Mr Lowy to be a "material change" in the outlook for its investors, and they should have more time to consider the restructure plan, which was approved at a separate meeting of Westfield Group shareholders earlier on Thursday.

The surprise development came after shareholders in WRT appeared set to reject the overall restructure plan.

Steven Lowy, a director on the WRT board and Westfield Group board, told AAP the decision to adjourn the meeting was the right thing to do.

"What's the downside in giving another 10 to 14 days to consider this important proposal?" he said.

But Stephen Mayne from the Australian Shareholder's Association (ASA) said the board should not have delayed a vote on the restructure plan, calling the adjournment "outrageous".

"They lost the vote and shifted the goalposts," Mr Mayne told AAP.

"The independent directors should not have voted like that. It's a sorry tale all round."

Mr Mayne earlier in the day criticised Frank Lowy after the 83-year-old billionaire said a rejection of the restructure plan by WRT "would not diminish our determination to proceed with Westfield Group's strategic objective of separating the two businesses".

Mr Mayne accused Mr Lowy of trying to strong arm WRT investors, adding that his revised proposal to push ahead could devalue WRT by creating a competing investment vehicle.

In a fiery Westfield Group meeting on Thursday morning, Mr Mayne said Mr Lowy had run an "oppressive" campaign to get the deal across the line.

"It's oppressive and it shouldn't be happening," Mr Mayne said to Mr Lowy.

Mr Lowy responded by telling Mr Mayne he was living in "dreamland".

"Your characterisation is absolutely wrong," Mr Lowy said.

"You're in dreamland to say this is being done in an oppressive way."

Mr Mayne later said Mr Lowy was out of line to tell shareholders he would pursue the split regardless of the WRT vote, even before the result was known.

"I'm suggesting he's tying one last desperate attempt to strong-arm Westfield Retail shareholders to accept an unattractive offer," Mr Mayne told AAP.

Westfield had needed support from 75 per cent of investors in each company to push ahead with the restructure.

While 98 per cent of Westfield Group investors gave the nod to the plan, only 74.1 per cent of proxy votes cast by WRT investors.

Shares in Westfield Group and WRT remain in a trading halt.

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Cyber attacks on the rise

CYBER security attacks on business are on the rise, and the culprits appear to be competitors seeking commercial information.

And while many companies reported cyber security incidents, others didn't, raising concerns they don't know what's really happening on their networks.

Australia's national Computer Emergency Response Team says 56 per cent of companies it has surveyed reported one or more cyber security attacks in the past year.

Forty-four per cent reported no incidents. But CERT, part of the Attorney-General's Department, says in a new report that anecdotal evidence indicates some businesses were unaware of the full scope of unauthorised activity on their networks.

"Most of the incidents were in the form of targeted emails, followed by virus or worm infection and trojan or rootkit malware," CERT said.

"This is consistent with the finding that respondents viewed cyber security incidents to be targeted at their organisation, rather than random or indiscriminate."

Attorney-General George Brandis said the most commonly reported was what's called "spear phishing", sending emails to specific individuals, often using personal information to create credibility. Clicking on links will download spyware, he said in a statements.

The main motivation is considered to be competitors seeking commercial advantage.

CERT's survey was directed at big business with a quarter of the 135 respondents in the defence industry sector.

All businesses used varying levels of network security but CERT found potential problems.

More than 60 per cent think their IT staff, chief executive and directors need to improve security skills and practices.

Forty-seven per cent use the now superseded Windows XP operating system and almost all were aware that Microsoft no longer provided technical support after April 8.

But 13 per cent had no plans to move to another operating system and eight per cent didn't know.

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Melbourne Zoo seal Gordo dies

GORDO the seal has died at Melbourne Zoo, more than a decade after being rescued when found emaciated and dehydrated on a Victorian beach.

The sub-Antarctic fur seal suffered a cardiac arrest while recovering from an anaesthetic procedure, zoo head vet Dr Michael Lynch said on Thursday.

The 11-year-old was having problems with his kidneys and vets were investigating whether he had a degenerative renal condition. Dr Lynch said it was possible that condition contributed to the arrest.

Gordo was found emaciated and dehydrated on the main beach at Warrnambool in August 2003.

As a yearling not adjusting well to life away from his mother he was not suitable for re-release and was kept in the zoo's care, the zoo said.

Wild Sea keeper Mark Keenan said Gordo was good natured and hundreds of thousands of zoo visitors witnessed his acrobatic skills in daily shows.

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Stockland says $2.5b Australand bid final

Property group Stockland has increased its takeover offer for rival Australand to $2.5 billion. Source: AAP

STOCKLAND says its sweetened $2.5 billion takeover bid for fellow property developer Australand is final and as good as it will get.

Australand's board did not rule out accepting the offer as it did the initial $2.4 billion bid, saying it would consider it, raising speculation a deal would be made.

Stockland chief executive Mark Steinert said senior management from both companies had been holding talks since the process began.

It was also reported that Stockland had offered one-on-meetings to institutional investors with its management team on Wednesday to discuss the offer.

Some Australand investors are against the deal, with the company's shares falling on Wednesday.

Stockland's new share swap offer values Australand shares at $4.35 each, up from its previous rejected offer of $4.20.

Stockland has also offered to add a $250 million cash component to what is currently a non cash deal, but that would reduce the current scrip ratio of 1.124 shares for each Australand share.

Mr Steinert insisted he had uniform support from shareholders of both companies that he had spoken to so far.

"That has been a key part of giving us the confidence to make this compelling final proposal today," he told an analysts briefing.

"The combination creates a really great real estate company."

Stockland acquired a 19.9 per cent stake in Australand in March.

The following month it made its initial takeover bid.

If the pair merge, the combined group would be Australia's leading residential developer.

It would also hold the number one spot in regional shopping centre developments and number two position in distribution warehousing, logistics and business parks.

Stockland said a deal would immediately be earnings accretive, increasing earnings per share by five per cent and delivering savings through synergies of $15 million in the first year and $25 million in the second.

However when analysts questioned where those figures had come from, Mr Steinert said while he was confident in the savings figures due diligence still had to be done on Australand's books to prove it.

CMC Markets chief market strategist said he thought a deal would go ahead and that Stockland's bid was final, given there were legal implications for reversing such statements.

"I think there is unlikely to be another bid, it represents a better than 20 per cent premium to Australand's net tangible assets and I would think it is enough to get it over the line," he said.

He cited Australand's share price fall to investors not liking a non-cash scrip bid that forces them to be exposed to Stockland's different profile.

Australand shares were one cent lower at $4.25 at 1504, while Stockland had risen 1.5 cents to $3.885.

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Elder's 'stolen wages' claim dismissed

AN Aboriginal elder's claim for wages he says were stolen by the state has been thrown out of court due to a lack of evidence.

Conrad Yeatman, 74, was seeking $35,000 for wages he said were never paid to him when he worked as a carpenter and labourer in north Queensland in the 1950s.

Under the Aboriginals Preservation and Protection Act 1939 part of his wages were placed in the trust of the superintendent of the Yarrabah mission where he lived.

Mr Yeatman's District Court claim said that while some of his earnings were paid out when he became exempt from the law in 1958, 70 pounds that he earned working on a station was never recovered.

However, Justice David Andrews granted a state bid to put the case on hold permanently after exhaustive searches found almost no financial documentation, and that potential witnesses were dead.

"The defendants have effectively no evidence whatsoever to test these claims," the judge said.

Justice Andrews said it wasn't disputed that Mr Yeatman's savings had been managed by the superintendent but the money could have been withdrawn on his behalf for food or other reasons.

There was some evidence money had been spent on the indigenous teen for clothes, medical expenses and trips.

"I don't accept Mr Yeatman is capable of giving a useful account of the number and amounts of payments made for and on his behalf," the judge said.

Mr Yeatman, whose claim was seen as a test case and was backed by the Queensland Council of Unions (QCU), must also pay the state's legal costs.

His lawyer Charles Massy said it was an immensely disappointing outcome and the team was considering an appeal.

In 2002, former premier Peter Beattie acknowledged that as much as $500 million may have been stolen from Aborigines' wages.

Mr Beattie offered $55 million in compensation, and a reparation scheme subsequently paid out about $35 million to 7000 applicants.

Mr Yeatman was offered the maximum $7,000 reparation but knocked it back as inadequate.

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