Australian Building and Construction Commissioner (ABCC) v Rapid Formwork Constructions Pty Ltd and Anderson

Applicant: ABCC

Respondent(s): Rapid Formwork Constructions Pty Ltd (Rapid) and Kevin Anderson

Date filed: 28 March 2011

Court Findings:

The Federal Magistrates Court found Rapid twice contravened s.357(1) of the Fair Work Act 2009 by misrepresenting an employment relationship as an independent contracting arrangement and  contravened the relevant awards and that Rapid’s director Mr Anderson contravened s.901(1) of the Workplace Relations Act 1996 by misrepresenting the employment relationship of two workers as independent contractors.  These contraventions took place in 2009.

Court Outcome:

On 1 September 2011, Federal Magistrate Neville imposed total penalties of $13,500 on Rapid Formwork Pty Ltd and a penalty of $1500 on Mr Anderson.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2011/649.html