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Darlaston v Risetop Construction, Rummukainen and Rummukainen


Applicant:
ABCC State Director Peter Darlaston 
Respondent(s):
Risetop Construction Pty Ltd, Mika Rummukainen, Risto Rummukainen 
Date filed:
26 August 2010 
Outcome:

On 5 April 2011 FM Barnes ordered Risetop Construction Pty Ltd pay a penalty of $10,000, Mika Rummukainen $2,000 and Risto Rummukainen $2,000.
Background:

Risetop Construction Pty Ltd (Risetop) is an ACT registered building company directed by Mika Rummukainen and Risto Rummukainen.

Five formworkers worked for the company. Many aspects of the relationships pointed to the conclusion that the formworkers were employees.

The ABCC alleged that Risto Rummukainen told the employees they were considered to be independent contractors and he wanted to restructure the business so that they would be regarded “more openly as independent contractors.”

Following the meeting, Mika Rummukainen sent the employees a letter that he signed and dated 17 June 2009. The letter stated that the workers were engaged by Risetop on a contract for services, i.e. as independent contractors rather than employees.