White v Powell

Applicant: ABCC Inspector Michelle White

Respondent(s): Michael Powell

Date filed: 30 June 2010

Court Findings: Mr Powell contravened s767 of the WR Act by intentionally hindering or obstructing or otherwise acting in an improper manner while exercising his rights as a permit holder the site managers at the Monash Freeway upgrade site in Chadstone, Victoria on 6 August 2008. Michael Powell and Alex Tadic entered the Monash Freeway upgrade site in Chadstone, south-east of Melbourne, to hold discussions with workers.

Mr Powell repeatedly verbally abused two managers. Powell 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. Powell shoved the manager with his chest. Following the meeting, Powell continued to abuse and threaten the managers.

Court Outcome: On 16 June 2011 Burchardt FM imposed a penalty of $5000 on Mr Powell.