The construction union is seeking to have the ACT's work safety watchdog fined for allegedly telling a developer that it didn't need to allow officials on to a Belconnen work site.
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Meanwhile, in unrelated proceedings, ACT CFMEU organiser John Lomax is taking the Australian Federal Police to the ACT Supreme Court in a bid to force it to disclose information about its doomed case against him.
The case against WorkSafe ACT – understood to be the first time the union has taken the ACT watchdog to court – stems from an encounter on a worksite in Belconnen last month.
The tensions between the two organisations occurred at the development of the Wayfarer apartment complex on the corner of Aikman Drive and Eastern Valley Way, a project promised to create the tallest apartment building in the established areas of Canberra.
Two union officials turned up at the site in the morning and were in the process of being inducted in the site office when it is alleged that two WorkSafe ACT officials appeared.
In a claim lodged in the Federal Circuit Court this week, the CFMEU alleges the WorkSafe ACT officials suggested to the developer Geocon it could refuse union officials access to the site.
It is alleged the WorkSafe ACT officials said that, because they were already present, the union officials could be turned away.
That, the CFMEU alleges, was a breach of industrial laws.
It has asked the Federal Circuit Court to declare that WorkSafe ACT breached industrial laws. The union is also seeking "pecuniary penalties".
A spokesman for Access Canberra, responding on behalf of WorkSafe, said he could not comment on the case as it was now before the courts.
In separate proceedings, union official and rugby league great John Lomax will appear in the ACT Supreme Court on Friday against the AFP.
Mr Lomax was investigated and prosecuted for blackmail last year, with police alleging he attempted to force a Canberra painting company and its principal to sign a union enterprise bargaining agreement.
The prosecution was dropped in October.
Now Mr Lomax is considering a malicious prosecution lawsuit.
He and his lawyers declined to comment ahead of Friday's court appearance.
But CFMEU national construction secretary Dave Noonan, Mr Lomax's employer, said the former Canberra Raiders hardman's lawyers had been forced to seek a court order to access information about the investigation after requests to the federal police failed.
"The solicitors [who act for Mr Lomax] have sought various documents to ascertain whether or not our concern that there was a malicious element to the prosecution can be sustained," Mr Noonan said.
"Those documents have not been supplied.
"As the documents were not produced it's necessary to make an application in court for pre-trial discovery."
Mr Noonan said the contents of the documents would determine whether Mr Lomax would launch a malicious prosecution suit against the federal police.
"[Mr Lomax] was charged on a completely bogus charge, our QC said so at the time, they proceeded with the charge, they failed to provide any evidence to the court and the charges were dropped.
"If the AFP has got nothing to hide, why not provide the documents? If they acted in good faith, why not provide the documents?
"We think the proper thing for the AFP to do is to produce the documents."
ACT Policing was approached for comment.
