Below you can review a comprehensive list of all current and previous sanctions imposed by the Minister onto code covered entities.

Current and previous sanctions

Previous

Business details

 APM Group (Aust) Pty Ltd, ACN 095 366 546

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.
Period of exclusion 1 May 2019 to 31 May 2019 (inclusive)
Related entities also excluded APM Holdings (Aust) Pty Ltd, ACN 121 399 586
Effect of sanction

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.

Formal warnings

Business details

 De Martin & Gasparini Pty Limited ABN 81 000 205 372 (DMG)

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.
Details of formal warning A formal warning that a further failure to comply with the Code may result in the imposition of an exclusion sanction.
Effect of formal warning DMG may continue to tender for and be awarded Commonwealth funded building work. However, a further failure to comply with the Code may result in the imposition of an exclusion sanction.

Publication of non-compliance

Business details

 Big Li Ceiling Pty Ltd ACN 605 363 102 (Big Li)
Reason for publication

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.