CFMEU Victorian leader John Setka demands sacking of AFL umpire boss Stephen McBurney

The Allan government has refused to say if it will intervene after CFMEU boss John Setka demanded the AFL sack its umpire boss, former building watchdog Stephen McBurney, or face delays on its projects nationwide.

CFMEU Victorian leader John Setka is demanding the sacking of AFL head of umpiring Stephen McBurney. Picture: Supplied

The Allan government has called CFMEU boss John Setka’s threats to the AFL an “overreach” but refused to say if it will intervene.

The union boss has demanded the AFL sack its umpire boss, former building watchdog Stephen McBurney, or face delays on league-related projects across the country.

The threat comes after Mr McBurney launched legal action against the union during his time as the Australian Building and Construction Commissioner, resulting in the CFMEU being penalised millions of dollars.

Mr Setka on Tuesday evening said the union would not co-operate with the league to manage deadlines and costs on its projects until Mr McBurney, appointed to his new role as Head of Umpiring in April, was given the boot.

“We have an obligation to pursue anti-union, anti-worker f--kers like him and we will until the end of the earth,” Mr Setka told The Australian.

“This is going to cost the AFL a lot of f--king money. I hope it’s worth it. Projects without our full co-operation are going to be a f--king misery for them.”

“They will regret the day they ever employed him.”

The Herald Sun is not suggesting Mr McBurney engaged in any wrongdoing.

Former ABCC Stephen McBurney launched legal action against the CFMEU during his time on the job before moving to his posting as the AFL’s head of umpiring. Picture: AAP

Mr Setka added that members would not take part in a strike but instead operate on a “work to rule” basis, including only clocking basic hours, which could lead to large cost blowouts.

“ … Things are going to drag out forever,” he said.

“We are not going to stop a whole stadium but for projects of this nature to get delivered, they have to have the full co-operation on site, and that means a lot of flexibility, a lot of give and take.

“We get our blokes to work RDOs (rostered days off), sometimes on long weekends. We have a meeting and say “Look, the job’s behind, they need to deliver this on time.”

Mr Setka said the union would pursue the now-head of umpiring “until the ends of the earth”.

“They just don’t walk away from a role like that, cost the union millions of dollars and just think they can walk away into the f--king sunset. It doesn’t work that way,” Mr Setka said.

On Wednesday, senior minister Mary-Anne Thomas said it was a matter for the CFMEU and the AFL to sort out.

“I think the claims of the CFMEU in relation to the AFL are overreach,” she said.

Mr McBurney declined to comment on the matter.

Asked if the state government would step in if the CFMEU made good on its threat to cause havoc on projects, Ms Thomas said: “Let’s just wait and see what happens here”.

“This does look like a bit of posturing by media, as well, so we’ll see how it unfolds,” she added.

“I’m not going to get drawn on these comments in relation to the CFMEU.”

Ms Thomas said the government worked “cooperatively” with unions to deliver its “extensive infrastructure program”.

In a statement, the AFL backed Mr McBurney.

“Steve McBurney umpired 401 games, including four AFL grand finals, he has been a long-time mentor to umpires at every level and has done an outstanding job since returning to the AFL to take up the role of Head of Officiating,” the statement said.

“All projects the AFL contributes to are designed to provide better training venues for AFL and AFLW players, gender friendly facilities and change rooms at community football clubs and to create a more welcoming footy environment for families who make up many of the 1.2 million club members and the many more millions of fans who attend games, so we are hopeful any intended action does not impact players, supporters or the wider community who benefit from upgrades to local clubrooms and our stadiums.”

The state opposition accused the Allan government of being “too scared” to stand up to the CFMEU’s “industrial thuggishness and standover tactics”.

Opposition spokesman Michael O’Brien on Wednesday hit out at the government’s failure to respond to John Setka’s threat to the AFL.

“This is a weak response from a weak government that is beholden to the CFMEU,” Mr O’Brien said.

Opposition spokesman Michael O'Brien hit out at the government’s failure to respond to John Setka’s threat. Picture: James Ross

“The CFMEU is part of the Australian Labor Party. They are shoulder to shoulder with Jacinta Allan. Jacinta Allan receives donations from the CFMEU. Jacinta Allan lets the CFMEU pick Labor candidates. This is a Labor Party problem as much as it is a CFMEU problem.”

When asked if he thought it was appropriate for Mr Setka to threaten the AFL, Anthony Albanese said: “I removed John Setka from the Labor Party many years ago as one of my first acts as leader”.

Federal Opposition Leader Peter Dutton said Mr Albanese needed to condemn the “completely and utterly unacceptable” CFMEU attack.

Mr McBurney declined to comment.