The ABCC has commenced legal action in the Federal Circuit Court against Jake Gray’s Carpentry alleging they 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 commenced an investigation after the apprentice lodged a complaint.
In the Statement of Claim filed in the Federal Circuit Court, the ABCC alleges:
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 ABCC stands ready to assist any worker who believes they have been underpaid.
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.