Ex-Palmer candidate: It’s all a ‘witch hunt’
VIP SECURITY boss Adam Marcinkowski put his company into liquidation six days before a hearing found he breached the Fair Work Act 14 times, according to Federal Circuit Court documents.
The former Palmer United Party Gold Coast candidate was personally fined $115,000 for underpaying guards and sacking a worker who asked about his hours.
A penalty could not be imposed against VIP Security Services Pty Ltd because it was placed into liquidation in April.
Marcinkowski is still trading under VIP Securities International Pty Ltd, a company he set up in 2016.
In his judgment, Judge Michael Jarrett said he had been led to “strongly suspect” Marcinkowski wound up VIP Security Services Pty Ltd to avoid facing large fines.
Marcinkowski tendered evidence that showed his liabilities “far outweighed” his assets by $965,000.
Marcinkowski told the Bulletin yesterday he planned to appeal the decision and had paid his staff 10 cents above hourly award rates since 2016.
He said he had no choice but to close his company when it became insolvent: “I was governed by the ASIC laws.”
He said he felt the process was a “witch hunt”.
“I’m very hurt by this,” Marcinkowski said. “Go and talk to my workers and how they see the company. These are people who have worked for all other companies in the past and they say we are the best company they have ever worked for.
“This whole Fair Work witch hunt, this is one mistake, was one mistake under legal advice in 2015 that we did and they went to town on it.
“I’m so naive I thought (the Fair Work Ombudsman) was the mediator between employees and employers. I rang them for advice, but instead of giving advice they fried me. We are appealing it, we’re doing a fantastic job. Our workers are well taken care of.”
Marcinkowski was endorsed by the Palmer United Party for the Gold Coast seat of Gaven in October 2014, ahead of party leader Clive Palmer’s wife, Anna.
Mr Palmer described Marcinkowski as a “keen and driven candidate” who was a hardworking member of the party “since the very beginning”.
Marcinkowski finished third with 9.1 per cent of the vote behind Labor’s Michael Riordan (28.7 per cent) and the LNP’s Sid Cramp (38.9 per cent).
The Fair Work Ombudsman is preparing to refer the matter to the Australian Securities and Investments Commission, which regulates compliance with corporations law.