The main construction union has resumed its attack on the integrity of the federal building watchdog after the agency published details of a court case against picketers at a Newcastle work site.
The Newcastle Herald reported on Thursday that the Australian Building and Construction Commission had launched legal action against the CFMEU and five union officials who allegedly yelled "f---ing scabs" and "dogs" at workers crossing a picket line at a Honeysuckle building site last year.
The ABCC distributed a 350-word media statement on Wednesday naming the union officials, outlining the allegations against them and highlighting the potential maximum fines they and the union could attract.
On Thursday, the construction division of the CFMEU said the outcome of a separate court case showed "any allegations by the ABCC against the CFMEU at this point should be treated with extreme scepticism".
In the separate case, the ABCC alleged two union officials illegally entered a building site at Armidale Secondary College in 2020.
The case fell apart on the first day of hearings in June when the ABCC's chief witness was presented with a defence video which appeared to contradict his evidence.
The ABCC consented to the case being dismissed, which Federal Court judge Nicholas Manousaridis proceeded to do on Monday.
CFMEU NSW secretary Darren Greenfield said in the union's media statement that the Armidale case showed the ABCC was "ideologically committed to attacking the CFMEU, even when the evidence contradicts their false narrative".
CFMEU national construction secretary Dave Noonan said the Armidale case was the "latest in a series of false allegations against the union".
"It is outrageous behaviour from a statutory body which uses its extraordinary powers to investigate and prosecute workers and unions," he said.
"In these and other cases the ABCC published these bogus allegations when they launched the prosecutions and have failed to correct the public record in the face of clear evidence that they are false."
The CFMEU also has accused the ABCC of "ramping up" attacks on the union before the past two federal elections.
The ABCC said on Friday that it "strongly refutes" the assertions made in the CFMEU media statement.
"The ABCC, as it always does, filed these [Armidale] proceedings based on external legal advice that there was reasonable prospects of succeeding," the commission told the Newcastle Herald.
"That was based on signed witness statements and affidavits provided by witnesses.
"At no time during the investigation or court hearing was the ABCC provided with [the] video footage relied upon by the respondents. This is despite it being requested from the respondents.
"There were no adverse judicial findings in this case and nor was there any finding that the ABCC's case involved 'false allegations' against the union or its officials."
The commission said it had succeeded in 105 out of 116 court proceedings, or 90.5 per cent, since December 2, 2016.
The Newcastle case arose from a breakdown in negotiations between the union and subcontractor IC Formwork over a new enterprise agreement.
The workers took protected industrial action from October 6 to 12 last year which included a picket on the median strip in Honeysuckle Drive outside developer DOMA Group's Huntington apartments site.
The ABCC's statement of claim says picketers allegedly shouted abuse and intimidated workers from several contracting firms, standing "shoulder to shoulder" at the entrances to the site and letting off loud sirens.
The union and the five officials are expected to outline their defence when the hearing starts on an as-yet-unspecified date.
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