On 6 August 2008 CFMEU organisers Michael Powell and Alex Tadic entered the Monash Freeway upgrade site in Chadstone, south-east of Melbourne, to hold discussions with workers.
The ABCC alleged that while on the site Mr Powell repeatedly verbally abused two managers. Powell allegedly stood close to one manager adopting an aggressive stance while repeatedly screaming insults and threatening that he was going to 'get him' and shut the site down. It is further alleged that Powell shoved the manager with his chest. Following the meeting, Powell continued to abuse and threaten the managers.
The ABCC alleged that Powell contravened s.767 of the WR Act by intentionally hindering or obstructing the managers or otherwise acting in an improper manner while exercising his rights as a permit holder.