Notification of sanction

On 31 March 2017 the Commissioner received notification from the Minister for Employment of her decision to impose an exclusion sanction on J Hutchinson Pty Ltd (Hutchinson) for a period of three months for failure to comply with the Building Code 2013 (the 2013 Code).

Under the exclusion sanction, Hutchinson is excluded from submitting expressions of interest, tendering for or being awarded Commonwealth funded building work from 1 April 2017 to 30 June 2017.

Under paragraph 6.10(d) of the Building Code 2013 - Supporting Guidelines (April 2016), the Minister is required to publish Hutchinson’s failure to comply with the 2013 Code.  Accordingly, the following details are provided:

 

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.

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