RIGHT OF ENTRY – revocation of permit – s.510 Fair Work Act 2009 – pecuniary penalty imposed by Federal Circuit Court against permit holder for admitted breach of s.500 FW Act – Director of Fair Work Building Industry Inspectorate (Director) indicated a wish to lodge submissions in relation to s.510 FW Act – the Commission, upon becoming aware of imposition of pecuniary penalty being applied to respondent, obliged to suspend or revoke respondent’s right of entry (ROE) permits and to determine ban period – Director submitted Commission should revoke ROE permits for two years – Director submitted that Commission should have regard to fact that permit holder’s conduct attracted a penalty representing 88% of maximum penalty Federal Circuit Court was empowered to impose, and that in an analogous case Commission had revoked permit holder’s ROE permit for 19 months [Perkovic] – Director also pointed to newspaper article in which permit holder quoted, which Director submitted showed complete lack of contrition – Construction, Forestry, Mining and Energy Union (CFMEU), on behalf of permit holder, submitted actions of permit holder were unique, had not previously occurred in seven years in which he had held permit, and were not likely to be repeated – CFEMU submitted permit holder’s anxiety and depression, for which he was receiving treatment, should be taken into consideration – Commission aware permit holder had been previously ordered to pay court imposed penalty for breach of industrial law, albeit unrelated to ROE matters – Commission mindful that no evidence suggested any remorse expressed by permit holder – permit holder’s behaviour of serious kind – while Commission accepted evidence of anxiety and depression, no evidence led by CFMEU that permit holder’s stressors would be alleviated – Commission satisfied ROE permits should be revoked for two years, after which permit holder may seek to persuade Commission that he is a fit an proper person to hold ROE permit. Director, Fair Work Building Industry Inspectorate v Vink
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