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Big Li Ceiling Pty Ltd

Australian Building and Construction Commissioner v Big Li Ceiling Pty Ltd & Anor
Back to Legal cases
Case name
Australian Building and Construction Commissioner v Big Li Ceiling Pty Ltd & Anor
Known as
Big Li Ceiling Pty Ltd
Commonwealth Courts Portal reference and link

PEG502/2018

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • Big Li Ceiling Pty Ltd, Yiting Li
Date filed
26 September 2018
State/Territory
WA
Breach(es) found
  • Wages and entitlements
  • Non-compliance with notices
Status
Finalised
Link to liability and penalty judgement

Australian Building and Construction Commissioner v Big Li Ceiling Pty Ltd & Anor

Summary of court decision

On 21 February 2020 the Federal Circuit Court awarded more than $46,000 in penalties and legal costs against West Australian company Big Li Ceiling Pty Ltd and its director Yiting Li.

The ABCC commenced court action against the company in September 2018 following its repeated failure to cooperate in a wages and entitlements investigation.

The Federal Circuit Court found the company failed to comply with two Notices to Produce (NTP) records and documents of its workers and subcontractors during a wages and entitlements audit.

When delivering the judgment Judge Street said:

“The Respondents have deliberately ignored their legal obligation to comply with both the first and second Notices. Their deliberate and flagrant disregard of the NTP’s prevented effective enforcement and investigation of the FW Act.

The Court imposed the following penalties that were 90 percent of the maximum penalty:

  • Big Li Ceiling Pty Ltd pay a civil penalty of $18,900.00 to the Commonwealth within 28 days.
  • Director Yiting Li pay a civil penalty of $3,780.00 to the Commonwealth within 28 days.
  • Both respondents pay the ABCC’s legal costs in the sum of $24,284.72.

The Court delivered its decision after considering the ABCC penalty submissions and noting there was no appearance by either respondent.

Judge Street held:

“The purpose of the NTP’s is to provide the ABCC with an effective means for investigating and enforcing compliance with minimum standards and applicable industrial instruments.

"The Respondents deliberate choice not to comply with the statutory notices undermines their efficacy as an enforcement tool and, consequently, the ABCC’s ability to effectively investigate and enforce compliance with the FW Act.”

Background to the Big Li Ceiling Case

As part of the ABCC’s audit, officers from the agency formally required records relating to the company’s workers on 24 August 2017.

In a statement of claim filed in the Federal Circuit Court in Perth at the time, the ABCC alleged:

  • On 24 August 2017, the ABCC required that Big Li Ceiling provide employee records and documents that included timesheets, attendance records and payslips. The company failed to comply with this requirement.
  • On 26 August 2017, Mr Li contacted the ABCC indicating that he would comply with the requirement from 24 August. The documents and records were not produced by 8 September 2017.
  • On 2 October 2017, the ABCC again required Big Li Ceilings to provide further records and documents including records and documents of subcontractors engaged by Big Li. The company and its director failed to comply with the requirement.

The ABCC alleged the conduct contravened Sections 77(3) of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).

In August 2020 the ABCC published a non-compliance notice under section 108 of the BCIIP Act identifying the contraventions of Big Li Ceiling Pty Ltd and its director Yiting Li. The publication notice can be found on the ABCC's website.

Penalties
Penalties awarded against Penalties awarded
Big Li Ceiling Company P/L $18,900
Yiting Li

$3,780

Legal costs $24,284.72
Total $46,964.72
Historical content

18 Feb 2020 - Penalties Imposed on West Australian Ceiling Company and its Director in ABCC Wages Investigation

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        • ABCC info night kicks off week long subcontractor payment campaign in northern NSW
        • ABCC launches new website
        • ABCC recent cases
        • About this edition
        • Court summary: New matters
        • Failure to report disputed or delayed payments now a breach of the Code
        • Message from the Commissioner
        • Wages recovered for workers following audit
      • Industry update June - July 2018
        • About this edition
        • Are you paying your workers correctly?
        • Court summary: finalised matters
        • Court summary: new matters
        • Education and awareness raising a key focus for the ABCC
        • Information at your fingertips
        • Message from the Commissioner
        • Security of payments – nation-wide campaign commences
        • Zero tolerance for drugs and alcohol on construction sites
      • Industry Update April-May 2018
        • About this edition
        • Advice and assistance on Building Code compliance
        • Are you being paid correctly?
        • Code facts
        • Court summary – new matters
        • Court summary: finalised matters
        • High Court rules in favour of ABCC on personal payment orders
        • Interlocutory injunction granted at $900 million site
        • Message from the Commissioner
      • Industry Update November - December 2017
        • ABCC marks first anniversary
        • About this edition
        • Contacting the ABCC over the holiday period
        • Court summary
        • High Court update
        • Message from the Acting Commissioner
        • Reporting security of payment matters
        • Summary of recent right of entry permit activity
      • Industry Update September - October 2017
        • About this edition
        • Annual report - significant outcomes by the ABCC in 2016-17
        • Court summary – finalised matters
        • Court summary – new matters
        • Message from the Acting Commissioner
        • Streamlined process for resubmission of enterprise agreements
        • Summary of recent right of entry permit activity
        • The first year of the 2016 Code
        • Wages and Entitlements
      • Industry Update July - August 2017
        • Court summary - finalised matters
        • Court summary - new matters
        • Message from the Commissioner
        • New Building Code 2016 Eligibility Rules and Evidence
        • Summary of recent Right of Entry Permit activity
        • About this edition
      • Industry Update - May - June 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Building Code 2016 – Progress Update
        • Building work to which the Code applies
        • ABCC at Senate Estimates
        • About this edition
      • Industry Update March - April 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Summary of recent Right of Entry Permit activity
        • Building Code 2016 – Additional assistance / Security of Payments
        • About this edition
      • Industry Update - January-February 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Building Code 2016 – How to expedite your assessment
        • ABCC at Senate Estimates
        • About this edition
      • Industry update - November-December 2016
        • About this edition
        • Building Code 2016
        • Contacting the ABCC over the holiday period
        • Court summary – finalised matters
        • Court summary – new matters
        • Message from the Commissioner
        • Summary of recent Right of Entry Permit activity
      • The Building Code 2016
        • Code breaches
        • Coercion
        • Collusive tendering practices
        • Eligibility to tender
        • Fitness for work
        • Freedom of association
        • Labour market testing
        • Reporting industrial action
        • Right of entry
        • Security of payment
        • Sham contracting
        • Support for Code compliance
        • What is the Code?
        • Workplace Relations Management Plan (WRMP)
      • Industry Update May 2022
      • Industry Update - April 2022 edition
      • Industry Update - March 2022 edition
      • Security of payment
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