In a recent legal development, building company Four Kind Christians Pty Ltd has pleaded guilty to two charges related to non-compliance with the Building and Construction Industry (Portable Long Service Leave) Act 1991 (BCI Act), following prosecution action initiated by QLeave.
The offences were a failure to notify QLeave of an increased cost of work at project finalisation and pay associated levy costs, and a failure to comply with a statutory notice issued by QLeave (without a reasonable excuse).
At the first mention, Four Kind Christians appeared before the Industrial Magistrates Court and entered a plea of guilty for the offences.
The charges were originally brought after QLeave had reason to believe that Four Kind Christians (a for-profit company that was not affiliated to a religious organisation) had underreported the cost of work associated with a project, leading to insufficient levy payments. Both at the initial notification and project finalisation stage, despite repeated requests and a statutory demand from QLeave, Four Kind Christians failed to supply adequate documentation to substantiate cost of work figures.
QLeave’s submission to the Court highlighted the importance of maintaining the integrity of the portable long service leave scheme and ensuring that all levy payers comply with their legal obligations.
After consideration, Magistrate Mitchell issued Four Kind Christians a $12,000 global fine, as well as costs amounting to $1,750 to be paid to QLeave. The Magistrate highlighted the expectation of full compliance with statutory requirements, stressing that compliance with the law was essential for the maintenance of fairness and integrity in the industry.
This case serves as a reminder to all levy payers in the Queensland building and construction industry of the importance of accurately reporting project costs and promptly responding to QLeave’s requests for information. QLeave remains committed to ensuring full compliance and considers a range of enforcement options, including where appropriate prosecution through the Industrial Magistrates Court to enforce levy payments and seek appropriate penalties.
For more information on your obligations as a levy payer, including the necessary documentation required for notifications and payments, visit the BCI levy payer section on the QLeave website.
