Tasmania's Construction, Forestry, Maritime, Mining and Energy Union has been ordered to pay $185,000 in fines after two of its officials illegally entered a Hobart worksite and displayed abusive behaviour in 2019.
The Federal Court on Thursday heard union officials Kevin Harkins and Richard Hassett entered the construction site without valid right-of-entry permits on May 23 and May 28.
It heard Mr Hassett held discussions with workers about matters unrelated to safety without following statutory requirements.
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Justice David O'Callaghan said Mr Harkins behaved in an improper manner and was loud and intimidating towards the site foreman when asked what equipment was unsafe.
The court heard Mr Harkins said:
"Don't get smart with me, arsehole. I'm nearly at the end of my career. I don't give a f--- about what happens to me, but the bloke [Mr Hassett] over there will be onto you."
When asked to identify safety breaches, the court heard Mr Harkins said:
"You don't f---ing pay me so I'm not going to tell you."
After Mr Harkins spent some time at the site and was asked to leave, he replied: "get f--ed".
Police were called to the site who met with project manager Brendan Baynes and Mr Harkins.
When asked by an officer why Mr Harkins could not provide advance notice of when he would be entering the project, he replied that he did the same job as a police officer except he looked after construction workers.
Justice O'Callaghan ordered the CFMMEU pay four separate fines in relation to the breaches by the two men, totalling $185,000, within 28 days.
He ordered Mr Hassett pay two fines of $10,000 each within 90 days.
Justice O'Callaghan ordered Mr Harkins pay two fines of $8000 each.
He made an order that the union could not pay or financially compensate Mr Hassett for payment of the fines.
The CMFEU were fined $137,000 in 2018 by the Federal Court after Mr Hassett and Mr Harkins were found to have illegally entered Devonport's Living City worksite the year, abusing the site manager and obstructing work.
The court heard Mr Hassett climbed into the cabin of a crane twice while it was in operation.
The court decided this had compromised the crane operator's health and safety.
The fine was reduced on appeal to $89,000.