Sanctions

Business details

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

Reasons for sanction

• 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.

Sanction imposed

A formal warning that a further failure to comply with the Code may result in the imposition of an exclusion sanction.

Effect of sanction

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.

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.