Director of the Fair Work Building Industry Inspectorate v Zion Tiling Pty Ltd & Anor
Court file number: PEG49/2013
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Zion Tiling Pty Ltd & Tae Young Yoon
Date filed: 14 March 2013
Alleged breach: Conditions of employment
- On 11 July 2013 Lucev J awarded FWBC default Judgment and made Declarations in respect of eight contraventions of the Fair Work Act 2009.
- Director of the Fair Work Building Industry Inspectorate v Zion Tiling Pty Ltd & Anor  FCCA 769 (11 July 2013)
- On 13 September 2013 the Penalty Decision was handed down. The Court made penalty orders against the two Respondents. Zion must pay a total of $19,800 and Mr Yoon to pay a total of $3,960. Further, the Court Ordered a compensation of $6,000 against both Respondents jointly and severally. The compensation order shall be paid by way of 12 monthly instalments of $500 commencing on 1 October 2013.
- Director Of The Fair Work Building Industry Inspectorate v Zion Tiling Pty Ltd & Anor (No.2)  FCCA 1288 (13 September 2013)
Fair Work Building and Construction (FWBC) filed proceedings in the Federal Magistrates Court (now Federal Circuit Court of Australia) at Perth on 14 March 2013. FWBC alleged that Zion Tiling Pty Ltd (Zion Tiling) and its Director Tae Young Yoon breached sections of the Fair Work Act 2009.
From 13 February 2012 until 30 March 2012, Zion Tiling employed a tile layer for a flat rate of $200 per day and $100 per half day. The tile layer worked on various construction sites around Perth.
FWBC alleged that the tile layer should have been paid according to the Building and Construction On-Site Award 2010. The tile layer did not receive the rate of pay, overtime, annual leave and rostered days off (RDOs) that he was entitled to under the Award at all.
FWBC sought compensation for the tile layer as well as civil penalties against the Respondents.