White v Powell
The Federal Court in Melbourne last week published reasons for an earlier judgment, in which a $5,000 penalty was imposed on CFMEU official Michael Powell for using threatening and vulgar language, and shoving a site manager on a Melbourne construction site in August 2008.
Acting ABC Commissioner Brian Corney said right of entry (RoE) conditions provide important protections for permit holders, occupiers of premises and workers, and that the law must be observed.
“Commonwealth workplace laws dealing with RoE strike a balance between the needs of occupiers, the needs of permit holders, and the needs of workers,” Acting ABC Commissioner Corney said.
“To achieve that balance, permit holders have a responsibility to act in a proper manner while visiting any workplace.
“Mr Powell’s behaviour was clearly at the extreme end of improper conduct.
“Permit holders and site managers should note the contravention incurred 75 per cent of the maximum penalty, a reminder they must be aware of their responsibilities and mindful of them at all times.”
To help building and construction industry participants understand their RoE responsibilities, the ABCC has information available on its website, and provides materials including pocket guides and posters to building sites across Australia.
The contravention occurred on 6 August 2008, when CFMEU organisers Michael Powell and Alex Tadic lawfully entered the Monash Freeway upgrade site in Chadstone, Melbourne.
While on the site Mr Powell repeatedly verbally abused two managers. Mr Powell allegedly stood close to one manager adopting an aggressive stance while repeatedly screaming insults, threatening that he was going to 'get him' and shut the site down.
Mr Powell also shoved the manager with his chest.
While the proceedings were initiated under the Workplace Relations Act 1996, the Fair Work Act 2009 also contains provisions that prohibit acting in an improper manner.
To find out more about how RoE provisions apply to workplaces in the building and construction industry in Australia, visit www.abcc.gov.au.