FWC bans Perkovic from holding a Federal Permit

FWC bans Perkovic from holding a Federal Permit

The Fair Work Commission (FWC) has banned CFMEU official John Perkovic from holding an entry permit until at least 17 January 2017 over his “serious and ugly” behaviour towards an FWBC inspector on a building site last year that was captured on video and played to the Heydon Royal Commission.

Deputy President Val Gostencnik said the ban was justified because of the “nature and gravity” of Perkovic’s conduct which was a “confrontation involving unprovoked intimidating, bullying and belittling behaviour” towards the FWBC inspector, who was simply carrying out his duties.

The ban follows the previous $5000 Federal Court penalty handed down in December 2014, in which Justice White found in relation to Mr Perkovic’s conduct:

“In the criminal sentencing context, assaults against members of the police force and others involved in law enforcement are regarded as serious criminal offences warranting severe penalties. The Courts recognise that they should do what they can to protect those who, like police officers, are engaged in the protection of the community itself…In my opinion, similar considerations should inform the fixing of penalty in relation to conduct in contravention of Section 500 of the Fair Work Act which is directed at a FWBI (Fair Work Building Industry) Inspector.”

Master Builders considers that this highlights the need to ensure that the rule of law is established and enforced in our building sector, for the good of the industry and the community.

No one should be above the law and people who breach it should be held to account for that behaviour.

Master Builders is encouraged by the decision of FWC Deputy President Gostencnik.

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