Own CBA shares? Here's why the bank could 'face the full wrath of the law'

CBA has repaid $16 million owed to 7,402 underpaid staff, but the bank may still face additional fines over the issue.

| More on:
a judge sitting in a blurred background reaches forward to strike his gavel on the strikeplate on his judge's bench.

Image source: Getty Images

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

Key points

  • CBA shares are barely in the green during lunchtime trading on Wednesday
  • CommBank has admitted in court that its management was aware many employees were being underpaid, yet the practice continued
  • Finance Sector Union national secretary Julia Angrisano said CBA’s remarkable admission should cause everyone “deep unease”

Commonwealth Bank of Australia (ASX: CBA) shares are up a touch during lunch hour on Wednesday.

Shares in the S&P/ASX 200 Index (ASX: XJO) bank stock closed yesterday trading for $99.40 each. They are currently trading for $99.41 a share, up just 0.01%. Westpac Banking Corporation (ASX: WBC) is the only other of the big four Aussie banks in the green at the time of writing.

That's what's happening with CBA shares today.

Now, what's this about the ASX 200 bank potentially facing "the full wrath of the law"?

In news that doesn't appear to be dragging on CBA shares today, The Australian Financial Review reports that CommBank has admitted in Federal Court that its management was aware thousands of staff were underpaid $16.1 million since 2010.

The long-running issue, first raised by the Finance Sector Union, encompasses 7,402 CBA and CommSec staff. The employees worked significantly more hours than they were paid for through the bank's mass use of individual agreements, which were said to undermine union agreements.

CBA has already repaid the $16.1 million, plus interest, to the impacted staff.

But it's the bank's admission that management was aware of the issue and let it continue that could end up costing it a massive fine, potentially throwing up headwinds for CBA shares down the road.

According to the AFR, Australia's biggest bank could cop a fine of $660,000 per breach under a provision of the Fair Work Act covering workplace laws. With 7,402 impacted staff, I'll let you do the maths.

And CommBank is unlikely to get much sympathy from Finance Sector Union national secretary Julia Angrisano.

"Basically, Australia's biggest bank has now conceded that it has knowingly participated in wage theft," Angrisano said.

Angrisano added:

This is a remarkable admission that should cause deep unease within the finance industry, with regulators and within government. Those responsible for this truly unconscionable conduct should face the full wrath of the law. If this wage theft can occur in our biggest bank, truly no worker in this country is safe.

A CBA spokesman (quoted by the AFR) said the bank had made "certain admissions" in the underpayment case.

"We acknowledge that any instance of employees not being paid their correct entitlements is unacceptable," he said. "CBA and CommSec have co-operated fully and engaged constructively with the FWO [Fair Work Ombudsman] during its investigation and the proceedings."

Stay tuned!

How have CBA shares been tracking?

As you can see in the chart below, CBA shares came under pressure in February and are currently down 2% in 2023 so far.

Motley Fool contributor Bernd Struben has no position in any of the stocks mentioned. The Motley Fool Australia's parent company Motley Fool Holdings Inc. has no position in any of the stocks mentioned. The Motley Fool Australia has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Scott Phillips.

More on Bank Shares

Worried woman calculating domestic bills.
Bank Shares

CBA vs. Westpac: Which is the better ASX bank stock for 2026?

If I had to choose just one Australian bank to own in 2026, this is where I’d lean.

Read more »

A worried woman sits at her computer with her hands clutched at the bottom of her face.
Bank Shares

CBA shares could crash below $100 in 2026: Here's why

Here's why the banking giant's share could tumble this year.

Read more »

Bank building with the word bank in gold.
Bank Shares

Here's the earnings forecast out to 2030 for Bendigo Bank shares

Can investors bank on earnings growth for this company?

Read more »

A man in a suit smiles at the yellow piggy bank he holds in his hand.
Bank Shares

How much passive income could I earn from Westpac shares

Is the bank a good option for income investors? Let's find out.

Read more »

A large clear wine glass on the left of the image filled with fifty dollar notes on a timber table with a wine cellar or cabinet with bottles in the background.
Dividend Investing

Which of the big 4 ASX 200 bank stocks paid the most passive income in 2025?

Just how much passive income did the ASX 200 banks like CBA pay in 2025?

Read more »

A group of people sit around a table playing cards in a work office style setting.
Bank Shares

Will 2026 be make-or-break for the Westpac share price?

Westpac’s turnaround has been real. Whether it can now justify its valuation is the key question for 2026.

Read more »

Calculator on top of Australian 4100 notes and next to Australian gold coins.
Bank Shares

Here's the dividend forecast out to 2028 for CBA shares

This ASX bank share is expected to see bigger payouts…

Read more »

A pink piggybank sits in a pile of autumn leaves.
Bank Shares

Australian Bank Stocks: Which ones look like a buy (and which don't)

Is there any upside for bank shares?

Read more »