Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stuart v L.U. Simon Builders Pty Ltd [2009] FCA 107
Building and Construction Industry Improvement Act 2005 (Cth) ss 45(1)(a), 49
KAREN STUART v L.U. SIMON BUILDERS PTY LTD
VID 462 of 2008
MARSHALL J
17 FEBRUARY 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 462 of 2008
BETWEEN: KAREN STUART
Applicant
AND: L.U. SIMON BUILDERS PTY LTD
Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 17 FEBRUARY 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. It is declared that by refusing to allow Mr Vanderkley and his employees entry to the Aquavista site at 401 Docklands Drive, Docklands in Victoria on 6, 9 and 22 March 2007, the Respondent contravened s 45(1)(a)(i) of the Building and Construction Industry Improvement Act 2005 (Cth), ("BCII Act")by discriminating against Mr Vanderkley on the ground that Mr Vanderkley's employees were not covered by a workplace agreement. 2. It is declared that by terminating or varying its contract with Axiom Design on 22 March 2007, so as to remove the need for Mr Vanderkley to install balustrades and handrails at the Aquavista Site, the Respondent contravened s 45(1)(a)(i) of the BCII Act by discriminating against Mr Vanderkley on the ground that Mr Vanderkley's employees were not covered by a workplace agreement. 3. Subject to paragraph 4, a penalty of $55,000 is imposed on the Respondent in respect of the contraventions of s 45(1)(a)(i) of the BCII Act, such penalty to be paid into the Consolidated Revenue Fund on or before 19 March 2009. 4. Notwithstanding the order in paragraph 3, the Respondent is not obliged to pay $27,500 (being one half of the penalty) if between 17 March 2009 and 17 March 2010 it has not been adjudged to have contravened any provision of the BCII Act or the Workplace Relations Act 1996 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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