Director of Fair Work Building Industry Inspectorate v Luka Tippers & Excavation Pty Ltd
Court file number: MLG1510/2013
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Luka Tippers & Excavations Pty Ltd and Nikola Maric
Date filed: 16 September 2013
Alleged breach: Adverse action
- On 7 July 2014, O'Sullivan J ordered the First Respondent, Luka Tippers & Excavations Pty Ltd (Luka Tippers) to pay $8,000 and the Second Respondent, Nikola Maric $2,000 in pecuniary penalties.
- Director of the Fair Work Building Industry Inspectorate v Luka Tippers & Excavation Pty Ltd & Anor  FCCA 1459 (7 July 2014)
Luka Tippers was engaged to perform earthmoving works on the $75m Essence Apartments project on Park Street in South Melbourne. On or about 22 May 2012, Luka Tippers advertised positions for a driver, diesel mechanic and excavator operator on employment website www.seek.com.au. An excavator operator telephoned Luka Tippers’ director, Nikola Maric, on 22 May 2012 regarding a job. On 27 May 2012, the excavator operator attended Luka Tippers’ office in Hoppers Crossing to discuss the job.
At around 8am on 29 May 2012, Mr Maric telephoned the excavator operator and offered to employ him. The operator accepted the position. The excavator operator worked for Luka Tippers from 9am on 29 May 2012 until 2pm on 2 June 2012. He was not paid for this work until 28 August 2013, after FWBC pursued the underpayment with Mr Maric.
At around 5pm on 1 June 2012, Mr Maric allegedly threatened to terminate the excavator operator’s employment because he had allegedly scratched a capping beam and told him that he would not pay him for the work he had undertaken unless he agreed that the cost of repairing the capping beam would be taken out of his pay, which the excavator operator agreed to.
On or about 2 June 2012, the excavator operator complained to the CFMEU shop steward and sought representation from the CFMEU in relation to recovering his full pay for the work he had undertaken.
The shop steward raised the matter with Mr Maric.
On or about 3 June 2012, Mr Maric telephoned the excavator operator and allegedly said words to the effect of:
“Who do you think you are running your mouth off to the union?”
“You’re not going to get your money at all now” and
“Let’s see if you and the unions can get your money out of me”.
Mr Maric did not offer the excavator operator any further work.
FWBC calculated that Luka Tippers owed the excavator operator $2433.40 in unpaid wages and entitlements. Luka Tippers paid him on 28 August 2013.