Case name
Australian Building and Construction Commissioner v Jake Gray
Known as
Jake Gray's Carpentry
Commonwealth Courts Portal reference and link

MLG1029/2021

Applicant
ABCC Commissioner
Respondent(s)
  • Jake Gray
Date filed
State/Territory
VIC
Alleged breach(es)
Wages and entitlements
Status
Current
Summary

The ABCC on 18 May 2021 commenced legal action in the Federal Circuit Court against Jake Gray’s Carpentry alleging the business failed to comply with two statutory notices during an ABCC investigation into the underpayment of an apprentice.

Jake Gray, who is a sole trader trading as Jake Gray’s Carpentry, is alleged to have underpaid the first-year apprentice more than $11,000.

The ABCC is alleging:

  • In June 2020, the ABCC issued Gray with a Notice to Produce documents relating to the apprentice’s employment.
  • Jake Gray’s Carpentry failed to comply with the Notice to Produce.
  • On 19 November 2020, the ABCC issued a Compliance Notice under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) requiring the employer to back pay the apprentice $11,392 in unpaid wages, annual leave entitlements and allowances.

The ABCC is seeking a court order compelling Jake Gray to pay penalties for failing to comply with its Notices in addition to back paying the apprentice.

The maximum available penalty for a contravention of the BCIIP Act in this case is $21,000 for a corporation and $4,200 for an individual.

Historical content

210525-ABCC pursues pay for Victorian Apprentice