The Director Of the Fair Work Building Industry Inspectorate v Robko Construction Pty Ltd and Anor (No.2)

The Director of the Fair Work Building Industry Inspectorate (the applicant) brought proceedings against Robko Construction Pty Ltd and Mr. Robert Kolar (the respondents) in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) and the *Fair Work Act 2009* (Cth) by the respondents. Specifically, the applicant alleged that Mr. Kolar, acting as a director of Robko Construction, had contravened section 34 of the *Building and Construction Industry (Improving Productivity) Act 2013* by failing to provide access to a building site to an inspector.

The primary legal issue before the Court was whether Mr. Kolar had contravened section 34 of the *Building and Construction Industry (Improving Productivity) Act 2013* by refusing the inspector access to the site. This involved determining whether the site in question constituted a "building site" for the purposes of the Act and whether Mr. Kolar's actions amounted to a failure to provide access as required by the legislation. The Court also considered whether Robko Construction was vicariously liable for Mr. Kolar's alleged contravention.

Judge Simpson found that the site was indeed a "building site" within the meaning of the Act, as it was a location where building work was being undertaken. The Court determined that Mr. Kolar had deliberately obstructed the inspector's access, thereby contravening section 34. Consequently, Robko Construction was found to be vicariously liable for the contravention committed by its director in the course of his employment. The Court ordered Robko Construction Pty Ltd to pay a pecuniary penalty of $1,000 and Mr. Robert Kolar to pay a pecuniary penalty of $200.