Alcantara & Anor v Buildpower Pty Ltd

In the case of Alcantara & Anor v Buildpower Pty Ltd, the applicants sought an order for Buildpower to provide them with employee records. The dispute centred around Buildpower’s refusal to disclose these records and their contentions regarding their obligations under the Fair Work (Building Industry Inspectorate) Regulations 2008 (Cth). The applicants argued that Buildpower had failed to comply with the regulation that required the keeping and provision of employee records for inspection. The Federal Circuit Court of Australia was tasked with resolving the dispute.

The legal issues before the Court included whether Buildpower was engaged in trade and thus a constitutional corporation for relevant purposes, whether employee records were kept at the premises, whether the applicants had attempted to inspect the records, and whether Buildpower had breached Regulation 3.42 of the FW Regulation. The Court also had to consider the credibility of the witnesses and the documentary evidence provided by both parties. The central issue was whether Buildpower had adequately provided the requested records to the applicants.

The Court found that Buildpower had conceded it was engaged in trade and was a constitutional corporation, contrary to their initial contention. The Court preferred the evidence of Ms Walker over Mr Slabbert, finding her testimony to be more consistent and reliable. Buildpower's arguments were undermined by inconsistencies and a strained interpretation of the email evidence. The Court concluded that Buildpower had not breached Regulation 3.42 of the FW Regulation as the records were available for inspection at the premises and had been provided to the CFMEU.

The Court ordered that Buildpower would make the records available for inspection at the former business premises within a reasonably agreed time frame. Additionally, if the applicants provided a postal address, the records would be sent registered mail to the address provided. The Court found that Buildpower had not breached Regulation 3.42 of the FW Regulation.