The ABCC has commenced Federal Circuit Court proceedings against Brisbane based company ADADN Pty Ltd alleging failures to comply with formal requests to provide documents in investigations into alleged underpayment of wages and unlawful industrial action.
The first written notice was issued on 9 June 2020 as part of an underpayment of wages investigation and required the company to provide the documents by 10 July 2020.
The second written notice was issued on 3 August 2020 as part of a separate unlawful industrial action investigation and required the company to provide the documents by 24 August 2020.
Despite the two formal requests, over a three-month period, the ABCC alleges the company failed to comply on both occasions.
ADADN Pty Ltd is a labour hire company and has previously supplied building employees to undertake building works on construction sites, including the:
- Opus Broadbeach Short Term Accommodation project in Broadbeach, Queensland;
- Koko Broadbeach Apartments project in Broadbeach, Queensland; and
- Grand Central Towers project in Phillip, Australian Capital Territory.
The ABCC alleges the conduct of ADADN Pty Ltd contravenes subsection 77(3) of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) by failing to comply with the notices.
The maximum penalty for each contravention of subsection 77(3) of the BCIIP Act is $22,200 for a corporation. The ABCC is also seeking a Court order that its legal costs be paid by the respondent.
ADADN is the subject of a separate court proceeding commenced by the Fair Work Ombudsman for allegedly failing to pay compensation to an unfairly dismissed worker. Details of that proceeding are set out here.