Office of the Australian Building and Construction Commissioner

Background

Allegations outlined in the ABCC’s statement of claim

• VicRoads engaged Abigroup Constructions Pty Ltd to upgrade the Monash Freeway in Chadstone, Victoria.
• Site employees were carrying out work covered by the Abigroup Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008.
• On 5 August 2008 CFMEU organiser Mick Powell provided Abigroup with 24 hours written notice of his intention to enter the site to hold discussions with workers the next day, during the main meal break, which commenced at 1.00pm.
• Mr Powell was exercising his rights to enter for this purpose under s760 of the Workplace Relations Act 1996 (WR Act).
• On 6 August 2008 at 12.45pm, Mr Powell and Alex Tadic — another CFMEU organiser — entered the site and waited for workers to arrive at the lunch shed for the meeting.
• At 12.50pm, two employees from another section of the project arrived at the lunch shed. These employees must have left their work well prior to their lunch break.
• Abigroup managers asked the employees why they had left their work early.
• At 12.55pm Mr Powell and Mr Tadic accused the Abigroup managers of attempting to prevent union members attending the meeting. The managers denied this and said they had a right to know where their employees were during work hours.
• Mr Powell then verbally abused the managers.
• Mr Powell moved 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. Mr Powell also shoved the manager with his chest.
• The meeting was then held at 1.00pm.
• Following the meeting Mr Powell again used foul-mouthed abuse and threats.

Alleged contraventions

• The ABCC alleges that Mr Powell contravened section 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.

ABCC Prosecution

• The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 30 June 2010.
• The first directions hearing is on 30 July 2010.

Penalties

• The maximum penalties for a contravention of the WR Act were $6,600 for an individual.