Director of the Fair Work Building Industry Inspectorate v Buildpower Pty Ltd & Anor
Court file number: PEG286/2012
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Buildpower Pty Ltd & Michael Charles Slabbert
Date filed: 4 December 2012
Alleged breach: Conditions of employment
- On 9 August 2013, Judge Whelan found the respondents in breach of the Workplace Relations Act 1996 and Fair Work Act 2009.
- Director of the Fair Work Building Industry Inspect orate v Buildpower Pty Ltd & Anor  FCCA 1037 (9 August 2013)
- On 20 December 2013, Judge Whelan handed down the Penalty Decision. Penalties totalling $39,600 was imposed. Buildpower Pty Ltd was ordered to pay: $9,900 for 1 contravention of s.182(1) of the WR Act; $9,900 for 1 contravention of s.226(1) of the WR Act; and $13,200 for 1 contravention of s.712 of the FW Act. Mr Michael Slabbert was ordered to pay: $1,980 for 1 contravention of s.182(1) of the WR Act; $1,980 for 1 contravention of s.226(1) of the WR Act; and $2,640 for 1 contravention of s.712 of the FW Act.
- Director Of The Fair Work Building Industry Inspectorate v Buildpower Pty Ltd & Anor (No.2)  FCCA 2236 (20 December 2013)
Michael Charles Slabbert was the managing director of construction company Buildpower, based out of Midvale, WA.
Buildpower Pty Ltd employed a bricklayer under a written contract of employment from 24 February 2007. The contract guaranteed the bricklayer 38 hours work per week.
Some weeks, the bricklayer was not required to work 38 hours and was only paid for the hours he worked, not the minimum 38 hours required under the Act.
FWBC alleged that Buildpower and Mr Slabbert contravened ss182(1) of the Workplace Relations Act 1996 (WR Act) by failing to pay the bricklayer for his guaranteed hours in some weeks. It was also alleged that they contravened ss226(1) of the WR Act by some weeks requiring the bricklayer to work well in excess of 38 hours and that these additional hours were not reasonable.
The bricklayer resigned on 13 February 2009. FWBC alleged at court that he was underpaid a total of $2,947.41.
On 23 August 2012, a Fair Work Building Industry Inspector sent a Notice to produce records relevant to the bricklayer’s employment to Buildpower. FWBC alleges that Buildpower failed to comply with the notice, in contravention of ss712(3) of the Fair Work Act 2009.
Fair Work Building Industry Inspectors again sent notices to produce documents on 24 January 2012 and 6 February 2012. FWBC alleges that Buildpower failed to produce the required documents.
On 8 June 2012, a Fair Work Building Industry Inspector sent a “Determination of Contravention” letter to Buildpower, outlining the alleged contraventions of the WR Act and the total amount that Buildpower owed to the bricklayer. The letter required Buildpower to rectify the contraventions by paying the bricklayer the outstanding amount. FWBC alleged Mr Slabbert was knowingly involved in these contraventions.
In addition to compensation, FWBC is seeking civil penalties against Buildpower and Mr Slabbert .