An ex-Norwich Park worker is fighting BMA after he was sacked for allegedly calling a non-union employee a "scab c***".
The Daily Mercury reports Walter Meacle is accused of abusing non-union worker Trevor Loader during strike action at the now closed Norwich Park mine in the Bowen Basin.
According to the Daily Mercury Meacle is accused of yelling "scab c***" at Loader and jumping a barrier to give him "the finger" during industrial action.
After investigating the incident BMA terminated Meacle's employment, but he and the Construction, Forestry, Mining, and Energy Union deny the event took place.
In the opening day of the Fair Work court battle Meacle admitted to "yelling words at vehicles" but denied specifically targeting Loader.
According to the Daily Mercury the CFMEU is representing Meacle and is expected to argue he was sacked because of his involvement in the union's strike action.
Meacle told the court Loader fit his definition of a scab but he could not see a reason why BMA would specifically dismiss him for strike action when thousands of workers had also joined him.
Earlier this month the CFMEU accused BHP Billiton of having a secret plan to restart the Norwich Park mine with a de-unionised workforce, which the company denied.