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ABC News
ABC News
National
By Felicity Ogilvie

'Don't make me angry': Union officials face court over worksite abuse claims

Construction union officials are being taken to court over allegations of abusive behaviour and illegal entry on a Hobart worksite.

The Federal Court has heard officials from the Construction, Forestry, Mining and Energy Union (CFMEU) called a human resources manager a "f**king incompetent c**t" and acted aggressively when visiting roadworks at Elwick Road in Hobart in 2016.

The union has been taken to court by the Australian Building and Construction Commission (ABCC), the body set up after the Cole Royal Commission into the building industry.

The ABCC is alleging the union breached the Fair Work Act's right of entry procedures and engaged in abusive behaviour.

The court heard CFMEU officials Kevin Harkins and Richard Hassett made Hazell Bros aware several days earlier that they intended to visit staff.

Hazell Bros' human resources manger John Schwaiger said he expected them to turn up at the roadworks site on October 12, 2016.

The court heard the CFMEU in Tasmania did not usually use right of entry permits for worksite visits and were told by Mr Schwaiger they could not gain entry without one.

Mr Schwaiger said he felt anxious and intimidated when Mr Hassett started shouting at him.

He said Mr Hassett called him a "f***king incompetent c**t" and said: "Don't make me angry John, I'm sick of your bullshit."

Mr Schwaiger said Mr Hassett also commented on his hair saying: "I bet it's a toupee."

He said the union official called him "Little Johnny" saying that he "f**cked himself".

Mr Schwaiger said that Mr Harkins pulled up Mr Hassett on his language.

But Mr Schwaiger said that Mr Harkins also swore saying: "Stupid d***kheads, you're not going to cause trouble are you?"

After they were refused entry, the court heard the pair went onto the worksite anyway to inspect safety.

They found a switchboard they allege did not comply with safety standards.

Mr Schwaiger said Mr Hassett turned off the power at the worksite while Mr Harkins called Workplace Standards.

The hearing is expected to go for another three days.

The maximum penalty for each breach of the Fair Work Act is $54,000 for bodies and $10,800 for individuals.

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