Former CFMEU boss John Setka before the Federal Court

Former union heavyweight John Setka is facing legal action for allegedly trying to coerce the AFL into sacking its head of umpiring Stephen McBurney.

Union heavyweight John Setka (left) has been taken to the Federal Court for allegedly trying to coerce the AFL into sacking its head of umpiring Stephen McBurney (right).

The Fair Work Ombudsman has taken former union heavyweight John Setka to the Federal Court for allegedly trying to coerce the AFL into sacking its head of umpiring.

In the Federal Court, the Ombudsman is claiming the former Victorian secretary of the CFMEU wanted the AFL to dismiss Stephen 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”.

The case was called for a case management hearing on Tuesday and the matter was adjourned for a similar hearing on May 9.

Former CFMEU leader John Setka allegedly threatened that his union would disrupt or delay AFL building projects if the AFL did not get rid of Stephen McBurney.

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.

In a press release in February, 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.”

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