The ABCC alleges that on 13 May 2010 Michael Powell and Alex Tadic entered the main project office area for the project for the purpose of holding discussions with employees.
While in attendance, the respondents were asked to leave by both Abigroup and Victoria Police, and refused that request.
At about the same time as the refusal to comply with the requests from Victoria Police, Mr Powell yelled at the Project Manager, saying words to the effect of “You’ve really f*****d this up, haven’t you?”
Mr Tadic placed himself close to a Victoria Police officer, and yelled words to the effect of “why don’t you f*****g well shoot us – take your gun off your f*****g hip and shoot us.”
When Victoria Police told Mr Tadic that they would forcibly remove him from the premises, Mr Tadic replied with words to the effect of “Well, you f*****g do that.”
The ABCC alleges that Mr Powell and Mr Tadic contravened s.500 of the Fair Work Act 2009 (FW Act) by acting in an improper manner while exercising their rights as permit holders.