Welder fabricator sparks an investigation by OFT

A Logan welder and fabricator has been ordered to pay $43,952 in fines and compensation by the Richlands Magistrates Court (1 November 2022) for accepting payment and failing to supply goods and services.

Mr Jame Robert McIvor, trading as Mack Engineering and Site Services, pleaded guilty to five charges brought by the Office of Fair Trading (OFT) for breaches of the Australian Consumer Law (ACL).

Mr McIvor was convicted, fined $20,000 and ordered to pay $23,952 in compensation to affected consumers.

The court heard that between February 2021 and August 2021, five separate consumers paid Mr McIvor for the supply, fabrication and installation of custom aluminium canopies, trays or vehicle trailers.

Consumers paid Mr McIvor a total of $23,952 to carry out these works with each being given a completion date.

Several consumers contacted Mr McIvor after the completion dates had passed and were provided with excuses as to why the work had not been done or did not receive a response.

Several consumers advised Mr McIvor that they would be coming to pick up their vehicles from Mr McIvor’s place of business as he had failed to complete the services within a reasonable time.

One consumer who came to pick up his vehicle had discovered it damaged while another consumer had partial modifications completed which were found to be of poor quality.

A separate consumer failed to receive a response from Mr McIvor at all and therefore reported his trailer stolen to Queensland Police Service, who later assisted in its return.

In sentencing, Magistrate Shearer stated that the behaviour was disgraceful, that Mr McIvor had lied to consumers about the progress of their purchases and did not provide an explanation of what he did with the money taken from consumers.

Commissioner of Fair Trading, Victoria Thomson reminded tradespeople that they have a responsibility to operate honestly and lawfully.

“Consumers have a right to receive the goods or services that they pay for,” Ms Thomson said.

“If you have paid for a service that you haven’t received, I encourage you to contact the Office of Fair Trading.

“Consumers should feel confident when they buy something, they receive it.

“And my message to traders is, do not accept payment if you are unable to provide the goods or services within a reasonable timeframe or the timeframe specified to the consumer, and if unforeseen issues arise, be transparent with consumers.”

The OFT encourages consumers who have paid for goods or services but have not received them to approach the trader for a refund in the first instance. If they are unsuccessful, they should lodge a complaint online.