Former Construction, Forestry, and Maritime Employees Union (CFMEU) boss John Setka is facing more charges over alleged workplace disruption. But rather than his usual target—an infrastructure project or building site—this time it’s a footy oval, as Australians call the sports grounds on which AFL matches are played.
The Fair Work Ombudsman launched the Federal Court proceedings against Setka and the CFMEU on Feb. 19, claiming he had tried to coerce the AFL into dismissing its chief umpire, Stephen McBurney.
But it wasn’t the on-field calls of football umpires that had motivated the action—McBurney is the former head of the now-defunct industrial watchdog, the Australian Building and Construction Commission, which tried to rein in what it saw as excessive and at times unlawful behaviour by the union.
Threatened to Delay AFL Building Projects
Setka allegedly made public statements in 2024, including threatening to disrupt or delay AFL building projects through the CFMEU if McBurney was not sacked.He also allegedly said the CFMEU would not cooperate with requests for overtime and weekend shifts on AFL jobs after the league refused and confirmed McBurney would stay in his position.
The Ombudsman says Steka and the union thereby contravened sections of the Fair Work Act.
“We are alleging that Mr. Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,” Ombudsman Anna Booth said in a statement.
“No one is above the law. It is important that we make it clear to all involved in Australia’s workplace relations system that this type of allegedly threatening and coercive behaviour will not be tolerated.”
Federal Attorney General Mark Dreyfus placed the union in administration in September 2024, with Setka resigning just beforehand.
He had been the secretary of the Victorian-Tasmanian division of the union for 12 years.
Setka was formally expelled from the Australian Labor Party (ALP) in 2019 over concerns about his behaviour on worksites and after pleading guilty to harassing his ex-wife via text messages.
This is not the first time he has been accused of targeting ABCC officials through Aussie Rules football. In 2017, he publicly threatened to target the home addresses of the building watchdog’s inspectors and lobby local footy clubs so their “kids will be ashamed of who their parents are.”
In September 2024, the Victorian government referred him to the police after he defied a ban and visited two taxpayer-funded projects in Melbourne.
The Fair Work Ombudsman is seeking penalties of up to $18,780 against Setka and $93,900 against the CFMEU over the latest incident. A hearing date is yet to be set.
