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Fair Work Ombudsman takes John Setka to court

Former union heavyweight John Setka is too unwell to understand issues and give legal instructions over allegations he tried to coerce the AFL into sacking its head of umpiring, a court was told.

Former union boss John Setka allegedly tried to coerce the AFL into sacking its head of umpiring Stephen McBurney (right).
Former union boss John Setka allegedly tried to coerce the AFL into sacking its head of umpiring Stephen McBurney (right).

Former union heavyweight John Setka is too unwell to understand issues and give legal instructions while defending allegations that he tried to coerce the AFL into sacking its head of umpiring Stephen McBurney, a court has heard.

The Fair Work Ombudsman has taken Mr Setka to the Federal Court, claiming the former Victorian secretary of the CFMEU wanted the AFL to dismiss Mr McBurney — a former building and construction commissioner.

The Fair Work Ombudsman alleged Mr Setka took adverse action against Mr McBurney because he had or had exercised workplace rights, including initiating and/or participating in more than 50 court actions against the CFMEU in that previous role as the Australian Building and Construction Commissioner between 2018 and 2023”.

Mr Setka did not attend a case management hearing on Friday and a medical report filed on his behalf stated to the court that he could not understand the issues and therefore could not give legal instructions.

The Fair Work Ombudsman is seeking penalties against John Setka and CFMEU in the Federal Court.
The Fair Work Ombudsman is seeking penalties against John Setka and CFMEU in the Federal Court.

Justice John Snaden said he didn’t think the court was entitled to know the underlying clinical reasons as to why Mr Setka could not continue with his defence at this stage.

Marc Felman KC, representing the Fair Work Ombudsman, said the court may get another report in a few weeks with more details about Mr Setka’s health.

The matter was adjourned to another case management hearing on June 11.

Mr Setka stepped down from his role last year.

The Fair Work Ombudsman is relying on a series of statements Mr Setka made last year in which he allegedly threatened that his union would disrupt or delay AFL building projects if the AFL did not get rid of Mr McBurney.

The statements included one where Mr Setka allegedly authorised the publishing of a post on the CFMEU Vic-Tas’ Facebook page that stated “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” while the AFL supported Mr McBurney.

The Fair Work Ombudsman is seeking penalties against Mr Setka and the CFMEU.

Original URL: https://www.heraldsun.com.au/leader/melbourne-city/fair-work-ombudsman-takes-john-setka-to-court/news-story/cdfe783de959a9cd422e1dfdc763ce84