Director of the Fair Work Building Industry Inspectorate v Michael McDermott & Ors
Court file number: SAD141/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Michael McDermott, Luke Stephenson, Anthony Jarrett, Anthony Sloane, Brendan Pitt, John Perkovic and CFMEU
Date filed: 12 June 2014
Alleged breach: Right of entry
- The Federal Court found that this action was part of a coordinated and strategic campaign to break the law. Fines of $116,700 were imposed relating to this incident.
- Director of the Fair Work Building Industry Inspectorate v Stephenson  FCA 1432
CFMEU officials Michael McDermott (South Australia), Luke Stephenson (South Australia), Anthony Jarrett (South Australia), Anthony Sloane (New South Wales), Brendan Pitt (Victoria) and John Perkovic (Victoria) allegedly attended the Ibis Hotel construction site on Grenfell St, Adelaide without providing Watpac Limited, the head contractor, with a right of entry notice.
It is alleged the officials were asked by the site manager for their right of entry notice and permits and McDermott responded with words to the effect: “You can’t get a right of entry.”
It is alleged when the site manager instructed the CFMEU officials to leave, McDermott said “No” and the CFMEU officials then entered the part of the site where the construction of the Hotel was taking place.
It is alleged Stephenson, Jarrett and Sloane refused to leave the site when directed to do so by the site manager, refused to display their entry permits and entry notice and refused to wear safety glasses.
It is alleged McDermott, Pitt and Perkovic refused to display their entry permits and entry notice when requested to do so by the site manager and one or more of them responded by saying words to the effect: “F**k off.” “F**k yourself.” “Grow some balls.”
It is alleged Perkovic approached a Fair Work Senior Investigator until their stomachs were touching and at least five times shouted at him, referring to him as “you piece of sh*t” or “you f**king piece of sh*t.”
Perkovic allegedly pushed the Senior Investigator with his stomach, referred to him as a “c**t” and said words to the effect: “You are just about having a heart attack. You’re sh*tting yellow, you piece of sh*t! Go f**k… Brush your teeth next time you piece of sh*t, alright?” ”I’d f**kin’ take you to school, you f**king piece of sh*t.”
It is alleged Pitt and McDermott did not take any action to make Perkovic stop his behavior.
It is alleged McDermott, Stephenson, Jarrett, Sloane, Pitt and Perkovic breached right of entry laws by acting in an improper manner.
Media release: Media Release - Coordinated and strategic law-breaking costs CFMEU and organisers $205,100 Media Backgrounder - CFMEU official in court after abusing FWBC investigator (PDF - 261K) Media Release - CFMEU official in court after abusing FWBC investigator (PDF - 173K)