Case name
Australian Building and Construction Commissioner v ADADN Pty Ltd
Known as
ADADN
Commonwealth Courts Portal reference and link

BRG99/2021

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • ADADN Pty Ltd
Date filed
State/Territory
QLD
Breach(es) found
Non-compliance with notices
Status
Finalised
Date finalised
Link to penalty judgment

Australian Building and Construction Commissioner v ADADN Pty Ltd [2021] FCCA 1820

Summary of court decision

The Federal Circuit Court on 6 August 2021 penalised Brisbane labour hire company ADADN Pty Ltd $33,300 for failing to provide documents during separate ABCC investigations into alleged underpayment of wages and unlawful industrial action.

The ABCC’s investigation into alleged underpayment of wages was triggered following an anonymous complaint that the company was not paying its workers their correct superannuation and redundancy entitlements.

As part of its investigation the ABCC issued a statutory notice requiring the company to provide records of payments to its workers.

The second notice issued to ADADN arose out of a separate investigation into unlawful industrial action following allegations that some of its workers engaged on an ACT project allegedly withdrew their labour.

ADADN’s failure to comply with the notices hindered the ABCC’s ability to progress both investigations.

In penalising ADADN $33,000 the Court found it had contravened subsection 77(3) of the Building and Construction Industry (Improving Productivity) Act 2016 by failing to comply with the notices. The Court also ordered the company to pay the ABCC’s legal costs.

In setting penalties, the Court said:

“The Court considers that it is appropriate that pecuniary penalties in the current matter are fixed in amounts at the higher end of the range open to be ordered by the Court by reason of the respondent’s lack of co-operation, and its wanton disregard of compliance with statutory notices duly issued to it.”

Total Penalties
Penalties awarded against Penalties awarded
ADADN Pty Ltd $33,300
Total penalties awarded $33,000

The Court also ordered ADADN Ptl Ltd to pay the ABCC's legal costs

Historical content

210812 - Brisbane labour hire company ADADN Pty Ltd penalised for failing to produce documents