Sanctions

• In August 2017, MCP was working on the Commonwealth funded Toowoomba Second Range Crossing project. MCP had been engaged to provide and operate mobile concreting equipment comprised of a mobile concrete pump truck with a 60m boom. MCP set up that equipment incorrectly and failed to follow its Safe Work Method Statement. In setting up that equipment, the boom became overbalanced causing the mobile crane to tip over. No-one was injured in the incident.
• On 20 July 2020, MCP pleaded guilty in the Toowoomba Magistrates’ Court to a charge relating to its failure to comply with a health and safety duty under the Work Health and Safety Act 2011 (Qld) (WHS Act). The Court declared that MCP had contravened section 19(1) of the WHS Act and it was ordered it to pay a fine of $50,000 plus costs.
• MCP’s failure to comply with a work health and safety law constitutes a breach of section 9(3) of the Code. MCP failed to report its breach to the ABCC. This failure to report constitutes a breach of section 17 of the Code.

MCP is excluded from submitting expressions of interest, tendering for or being awarded Commonwealth funded building work during the period of exclusion.

This exclusion sanction does not prevent MCP from performing Commonwealth funded building work that was awarded to the company prior to the commencement of the exclusion period.

Business details

Reasons for sanction

• Breaching paragraph 21(a) of the Building Code 2013 (Building Code 2013) by failing to comply with an applicable security of payment law.
• Breaching paragraph 21(c) of the Building Code 2013 by failing to ensure, so far as reasonably practicable, that disputes about payments are resolved in a reasonable, timely and cooperative way.

APM Group (Aust) Pty Ltd and APM Holdings (Aust) Pty Ltd are excluded from submitting expressions of interest, tendering for or being awarded Commonwealth funded building work during the period of exclusion.

This exclusion sanction does not prevent APM Group (Aust) Pty Ltd or APM Holdings (Aust) Pty Ltd from performing Commonwealth funded building work that was awarded to the companies prior to the commencement of the exclusion period.

Business details

J. Hutchinson Pty Ltd, ABN 52 009 778 330

Reasons for sanction

• Breaching paragraph 7(b) of the Building Code 2013 (2013 Code) by failing to require compliance with the 2013 Code from all subcontractors before doing business with them.
• Breaching paragraph 13(b) of the 2013 Code by engaging in activity that attempts to unduly influence a subcontractor or supplier to have particular workplace arrangements in place.
• Breaching subparagraph 15(1)(b)(i) of the 2013 Code by not adopting policies that ensure that persons are free to become, or not become, members of industrial associations.
• Breaching paragraph 15(2)(b) of the 2013 Code by allowing a 'no ticket, no start' sign to be displayed on a worksite.

Period of Exclusion

1 April 2017 to 30 June 2017 (inclusive)

Related entities also excluded

Nil

Effect of sanction

J. Hutchinson Pty Ltd is excluded from submitting expressions of interest, tendering for or being awarded Commonwealth funded building work during the period of exclusion.

This exclusion sanction does not prevent J. Hutchinson Pty Ltd from performing Commonwealth funded building work that was awarded to the company prior to the commencement of the exclusion period.

• In 2019 and early 2020, i2 Solutions breached numerous security of payment provisions of the Building Code 2016 including requirements in sections 7, 11D and 11E.
• I2 Solutions breached Code provisions relating to:
  • paying its subcontractors on time;
  • complying with State based security of payment legislative obligations;
  • resolving disputes in a reasonable, timely and cooperative way;
  • maintaining and following a dispute settlement procedure;
  • reporting delayed payments to the ABCC; and
  • applying undue influence or undue pressure on a subcontractor not to exercise its security of payment rights. 
• Examples of some of this conduct include:
  • failure to pay one subcontractor claims totalling $39,349.75; 
  • failure to pay a subcontractor $127,026.68 that was determined by a third party adjudicator; 
  • failure to make on time payments totalling $1,196,416.80 to a number of different subcontractors; and
  • behaving in an intimidating and threatening manner during an adjudication process with a subcontractor. 

Business details

Reasons for formal warning

• Breaching paragraph 9(1) of the Code after the Federal Court found that DMG contravened section 340 of the Fair Work Act 2009 by unlawfully threatening to dismiss workers during enterprise agreement negotiations.

Business details

Breaching section 9(1) of the Code after the Federal Circuit Court found that Big Li (and its director, Mr Yiting Li) had twice contravened section 77(3) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) Act by failing to comply with two separate notices to produce documents that were issued by an ABC Inspector.

and

Breaching section 9(5)(b) of the Code after Big Li failed to comply with the orders of the Federal Circuit Court requiring the payment of penalties and costs to the ABCC.