Eight Canberra union officials allegedly blockaded a northside worksite and demanded the builder sign a CFMEU enterprise agreement.
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A Federal Court case brought by Fair Work Building and Construction alleges the Construction, Forestry, Mining and Electrical Union and its officials breached the Fair Work Act on 36 occasions at a Dickson building site over three consecutive days in June last year.
But CFMEU ACT state secretary Dean Hall said the incident had been a "safety protest" after WorkSafe ACT issued prohibition notices at the Dickson site.
The federal industrial relations watchdog for the building and construction industry is alleging 18 breaches by the union and a further 18 breaches by individual ACT branch officials.
The allegations means the CFEMU and its ACT officials face more than $1.1 million in fines as the offences carry a maximum penalties of $10,200 per breach for an individual, and $51,000 for each breach by the union.
The FWBC alleges that the officials - ACT branch secretary Dean Hall, assistant secretary Jason O'Mara, Kenneth Miller, Garry Hamilton, Halifihi Kivalu, Zachary Smith, Johnny Lomax, and Anthony Vitler - physically blocked access to a dance school construction project in Dickson by placing vehicles in front of the gates and standing shoulder-to-shoulder.
It is also alleged that sub-contractors who attempted to access the site and report to work were told to go home because "the site is closed."
The police were called and Mr Hall allegedly called the general manager and said: "Don't involve the f**king police. Do you want a war? I will f**k you over. I know a lot of people in this town and you won't work in this town for long".
It is alleged that Mr Hall, during a meeting on the first day of the standoff, offered a "solution" with demands that included signing a CFMEU enterprise agreement and employing a union approved labourer.
A project engineer, who attempted to clear access with a crane, was allegedly told by Mr Miller that "That's bullsh*t, no one is allowed on site today … because the [head contractor] doesn't have an EBA with the CFMEU. They shouldn't be in there."
It is also alleged that on day three, as officials stood shoulder-to-shoulder at the entrance gates, Mr Miller told the project engineer, in the presence of two FWBC investigators, "You guys can sort this out pretty easily. Sign the EBA."
Another organiser allegedly pulled the gate shut when the project manager opened it.
FWBC director Nigel Hadgkiss said the case involved more than union officials just using foul language.
"Reports of union officials attempting to bully head contractors into signing enterprise agreements are becoming increasingly common," he said.
But Mr Hall said the CFMEU owned the land the alleged blockade occured on.
"It's pretty hard to have a blockade on land owned by our members," he said.
"This was a safety protest and the independent umpire [WorkSafe ACT] has adjudicated on that by issuing three stop work notices for asbestos contamination, electrical faults affecting the whole site, and failing to protect the public by accessing the site through two childcare centres."
Mr Hall – who admitted he swore at Built employee, Adam Moore – said he had been told the police had been called after FWBC advised the builder to escalate the situation.
Mr Hall said the CFMEU would defend the allegations vigorously in court.
"We'll never walk away from a blue on safety," he said.
"[Builders] have worked out they can run off to the FWBC and the AFP and they will protect them, so now taxpayers money is being used to run court cases against the CFMEU for standing up to them on safety."
The matters have been scheduled for directions next month.
It is the second court action the FWBC has launched against the ACT branch of the CFMEU, after it alleged breaches across three construction sites between August 2013 and March 2014.
