Background
Allegations as outlined in the ABCC’s statement of claim filed on 22 February 2011. The allegations may change during the course of the proceeding.
- Professional Gyprock Solution Pty Ltd (PGS) was a contractor employed to work in connection with construction projects known as:
- The Equus Project at 580 Hay Street, Perth (Equus Site); and
- The Performing Arts Centre Project at the corner of William and Roe Streets Northbridge (PAC Site) (Construction Works)
- On or around 4 May 2010, the ABCC served notices requiring PGS to produce documents for the period 1 June 2009 to 4 May 2010 in relation to the PAC site and the period 1 January 2010 to 4 May 2010 in relation to the Equus Site.
- Together the Notices sought employee records; timesheets / pay records; leave records; invoices from sub-contractors and schedules or contracts of work relating to building work on the Equus and PAC Sites during the relevant periods.
- In response to a s59(5)(e) Notice pursuant to the BCII Act, PGS produced to the ABCC Inspector certain false and misleading employee records which PGS failed to ensure were not false or misleading.
Alleged contraventions:
- The ABCC alleges that Professional Gyprock Solution Pty Ltd and Lin Qiao contravened:
- s535(1) of the Fair Work Act 2009 (FW Act); further or alternatively contravened regulation 3.44(1) of Division 3, Parts 3-6 of Chapter 3 of the FW Regulations, for keeping false or misleading records;
- s535(1) of the FW Act, for failing to keep pay records as prescribed by FW Regulation 3.33(1) of Division 3-6 of Chapter 3; and
- s536(1) of the FW Act by failing to provide pay slips to each of the employees identified within one working day of making each payment.
ABCC Prosecution
- The ABCC filed a statement of claim in the Federal Court of Australia at Perth on 22 February 2011.
- A first directions hearing is scheduled for 18 March 2011.
Penalties
- The maximum penalties for a contravention of the FW Act are $6,600 for an individual and $33,000 for an organisation.