ABCC v Forest Meiers Construction Pty Ltd and Anor (No.2)

This matter concerned an application by the Australian Building and Construction Commission (ABCC) against Forest Meiers Construction Pty Ltd and Mr. David Forest, seeking declarations and penalties for alleged contraventions of the *Building and Construction Industry (Improving Productivity) Act 2016* (Cth) (BCII P Act). The proceedings were brought in the Federal Court of Australia.

The primary legal issue before the Court was whether Mr. Forest, acting as a director of Forest Meiers Construction Pty Ltd, had contravened section 34 of the BCII P Act by making a representation that was false or misleading in relation to an entitlement of an employee under the Act. Specifically, the ABCC alleged that Mr. Forest had falsely represented to an employee that the employee was not entitled to be paid for a period of leave.

Judge Jarrett found that Mr. Forest had indeed contravened section 34 of the BCII P Act. The Court reasoned that the evidence established that Mr. Forest had made a representation to the employee that the employee was not entitled to be paid for a period of leave, and that this representation was false and misleading. The Court applied the principles of statutory interpretation to the relevant provisions of the BCII P Act, concluding that the employer, through its director, had engaged in conduct that undermined the statutory entitlements of an employee. The Court also found Forest Meiers Construction Pty Ltd liable for the contravention.

The Court made declarations that both Forest Meiers Construction Pty Ltd and Mr. David Forest had contravened section 34 of the BCII P Act. Penalties were ordered to be paid by both respondents.