Background
Allegations as outlined in the ABCC’s statement of claim filed on 29 June 2011. The allegations may change during the course of the proceeding.
1. Abigroup Contractors Pty Ltd was the principal contractor in charge of a road construction project based in Nagambie, Victoria, known as the Nagambie Bypass.
2. Abigroup and various contractors each employed workers for the project, whose industrial interests the CFMEU was entitled to represent.
3. On 13 May 2010 at approximately 12.30 pm, Michael Powell and Alex Tadic entered the main project office area for the project for the purpose of holding discussions with employees.
4. While in attendance, the respondents were asked to leave by Abigroup, and refused that request.
5. Following the refusal, Victoria Police attended. Mr Powell and Mr Tadic refused to comply with requests made by Victoria Police to leave the premises.
6. 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?”
7. 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.”
8. 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.”
Alleged Contraventions
9. The ABCC alleges 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.
ABCC Civil Litigation Proceedings
10. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 30 June 2011.
11. A directions hearing scheduled for 13 July 2011 was vacated. The matter will be set for a directions hearing on a date to be fixed.
Penalties
12. The maximum penalty for a contravention of the FW Act by an individual is $6,600.