CFMEU and its former boss John Setka to face court over alleged AFL umpire threats and demands

Militant construction union the CFMEU and its former boss John Setka are being taken to court by the Fair Work Ombudsman for allegedly trying to coerce the AFL into sacking its umpiring boss, Stephen McBurney.

Former CFMEU leader John Setka. Picture: Roy VanDerVegt

Militant construction union the CFMEU and its former boss John Setka are being taken to court for allegedly trying to coerce the AFL into sacking its umpiring boss.

The Fair Work Ombudsman has launched proceedings in the Federal Court, alleging that Mr Setka last year demanded the AFL dump Stephen McBurney from his umpiring role because of his former role as the boss of the national construction watchdog, the Australian Building and Construction Commission.

The ABCC had previously launched legal action against the CFMEU that resulted in millions of dollars in fines.

Mr Setka said last year that the union would pursue Mr McBurney “until the ends of the earth” and that it would “cost the AFL a lot of f**king money”.

“Projects without our full co-operation are going to be a f**king misery,” he told The Australian.

Court action has been launched against John Setka and the CFMEU. Picture: Supplied

In proceedings commenced in the Federal Court, the Fair Work Ombudsman alleges Mr Setka “intended to coerce the Australian Football League into dismissing former Australian Building and Construction Commissioner Stephen McBurney”.

The Ombudsman says the adverse action from Mr Setka was because Mr McBurney had exercised workplace rights, including initiating or participating in more than 50 court actions against the CFMEU between 2018 and 2023.

It is also alleged Mr Setka authorised a post on the CFMEU’s Facebook page saying:

“Good luck to the AFL with any plans to build any projects, as our members will not be building or supporting any projects that the AFL are involved in”.

Comments made by Mr Setka to the Herald Sun were also mentioned in the proceedings, including that the CFMEU would not be co-operating with requests for some overtime and weekend shifts on AFL jobs, which would make it unachievable to meet deadlines and add to construction costs.

Stephen McBurney. Picture: AAP

Fair Work Ombudsman Anna Booth said the filing of legal proceedings reflected the seriousness of Mr Setka’s alleged conduct.

“We are alleging that Mr Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,” Ms Booth said.

“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.

“Mr McBurney had a lawful workplace right to perform his role as the Australian Building and Construction Commissioner without having to fear that he would later be targeted by the type of conduct we allege Mr Setka engaged in.

“We expect all workplace participants, including unions and their officials, to follow the law. As an independent regulator we will continue to take action to deter unlawful conduct.

“Adverse action and coercion inherently undermine the operation of workplace laws and employees’ ability to exercise their lawful rights.”

Mr Setka faces penalties of up to $18,780 per alleged contravention, and the CFMEU faces penalties of up to $93,900 per alleged contravention.

Mr Setka resigned as the state secretary of the CFMEU last year, shortly before explosive allegations of the union’s links to bikies and underworld figures were exposed in the media. Following those reports, the CFMEU was placed into administration by the Albanese government. Union figures went to the High Court to challenge that move, with a decision on the case set to be handed down shortly.

Originally published as CFMEU and its former boss John Setka to face court over alleged AFL umpire threats and demands