The foreman of a Turner [Canberra] building site called "000" in April this year and asked police to remove five Construction, Forestry, Mining and Energy Union officials because they were disrupting a concrete pour the Royal Commission into unions has been told.
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Micah Beaumont, of Milin Builders, said the union was harassing the company because it had not signed a CFMEU enterprise bargaining agreement. Milin signed a non-union EBA with its workers in 2014.
Milin director, Dennis Milin, told Wednesday's hearing in Canberra, ACT CFMEU secretary, Dean Hall, had said in 2014, Milin would not be able to participate in a $75 million apartment project without the union EBA.
Mr Milin also said he lost a major contract in 2012 because Mr Hall said the CFMEU wanted a builder "who has experience with dealing with a death on building sites" on the job.
The CFMEU has denied this was said.
The CFMEU, through its lawyers, denied Milin was being harassed, said the officials had every right to be on the Turner site and that there had been valid safety concerns.
Mr Beaumont said WorkSafe inspected the site on the day, April 21, 2015, and turned up no safety issues that would have justified stopping the pour which continued in any case.
"Tony Vitler, John Lomax and Zac Smith of the CFMEU arrived at approximately 7.20am," he said.
"At about 7.55am another CFMEU representative, Ken "Dusty" Miller, arrived, and at 8.30am Garry Hamilton, the CFMEU lawyer, arrived."
Mr Beaumont said he asked Mr Vitler what the CFMEU was doing: "Zac Smith said 'for safety breaches' and handed me a safety notice. I said 'what safety breaches?'
"Tony Vitler said: 'you have no fall protection for the flight of stairs [from] level two to level one'."
Mr Beaumont, who had entered the building industry in 1992, said: "That's bullshit; there is no risk. You are clutching at straws."
After discussing other alleged safety breaches and showing the CFMEU party around the site Mr Beaumont told them to go. They refused.
Mr Beaumont said he called the police at about 8am: "[I said] I've got some union officials here being aggressive and I would like a squad car sent here for their removal."
Acting sergeant Mark Ashton arrived at about 8.10am. The CFMEU party still refused to go.
Mr Beaumont said when WorkSafe ACT inspectors, including Alan Chipperfield, Matt Craig-Barry, Bob Alford and Mick Foster, arrived he told them Milin was being harassed for not signing a CFMEU EBA.
He said Mr Chipperfield said: "We are getting a few call outs like this because of EBA issues."
Mr Beaumont said when the police officer began to leave Jason Hooper, the plumber, called him back saying: "You need to get the CFMEU off site or it will erupt".
Zvon Seselja, Milin's construction manager said: "After some time, the CFMEU representatives left the site voluntarily. They did not leave at his [the police officer's] request."
Dennis Milin said when he asked Mr Hall on August 26, 2014, why he would not be able to work on the Woden towers without an EBA, Mr Hall said: "I'd be the laughing stock of the union movement in Canberra if we didn't have one in place. It's three 12-storey towers. It's just not going to happen [without an EBA]."
Mr Milin said the CFMEU also blocked his company out of the IQ Apartments project on Northbourne Avenue, in 2012.
"On Sunday, 29 July, 2012, I received a phone call from Anthony McDonald from PrimeSpace [the developer]," Mr Milin said.
"He said: `The Tradies have told me they will not proceed if Milin has any further involvement. They won't enter into the joint venture."
Mr Milin said: "Is there anything you can do to keep me in?"
He said Mr McDonald said: "No, the CFMEU want to go with Construction Control."
