ABCC v Inner Strength Steel Fixing and Sacha

Applicant: ABCC

Respondent(s): Inner Strength Steel Fixing Pty Ltd, Vishuddha Shane Sacha

Date filed: 21 July 2011

Court Findings:

The Federal Court Of Australia found that from 2008 to 2010 Inner Strength and its Director Mr Sacha had contravened s357 of the Fair Work Act 2009 and s900 of the Workplace Relations Act 1999 by misrepresenting an employment arrangement as an independent contract and s902 of the Workplace Relations Act by dismissing a person with the purpose of engaging them as an independent contractor.

Inner Strength and Mr Sacha admitted all contraventions relating to the sham contracting arrangements of five employees and the unlawful dismissal of one employee.

These contraventions took place at a commercial building complex at 36 Adelaide Terrace in Perth, Western Australia where Diploma Construction (WA) Pty Ltd was the head contractor, between June 2007 and July 2010.

Court Outcome:

On 17 May 2012,  Justice Gilmour imposed total penalties of $41,250 on Inner Strength and penalties totalling $6,750 on Mr Sacha.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2012/499.html