24 April 2023

In March 2022, the ABCC commenced court proceedings alleging that Auscare Constructions Pty Ltd had contravened section 35 of the Building and Construction Industry (Improving Productivity) Act by failing to comply with a Notice of Direction issued by the ABCC in October 2021 to provide a report under the previous Building Code 2016 in relation to security of payments. Auscare admitted the contravention. In December 2022, these proceedings were transferred from the ABCC to the Fair Work Ombudsman, after judgment in relation to penalty was reserved. On 21 April 2023, the Federal Circuit and Family Court ordered a penalty of $5,000 against Auscare.