Former CFMEU boss John Setka will not be charged by Victoria Police for entering government build sites

Victoria Police say they can’t charge former CFMEU boss John Setka with trespass for entering government work sites this week for one very basic reason.

Victoria Police have announced that charges will not be laid against former CFMEU boss John Setka for entering government building sites this week.

The force also announced they are still considering laying charges in relation to alleged fraudulent behaviour in the construction industry.

The “complex investigation” is being assessed by external lawyers and charges are still being considered.

Police will take no further action on several of the reported allegations of criminal conduct against the beleaguered union.

John Setka addressing workers at the Footscray Hospital site on Wednesday. Picture: Supplied

Investigators said Mr Setka’s surprise appearance at two major worksites this week did not warrant any charges being laid.

“Victoria Police has completed its assessment regarding a former union official entering government worksites and no offence has been detected,” they said in a statement.

“For there to be a trespass offence, a person must be asked to leave by someone in charge of the site or who has authority at the site.

“The person then has to refuse to leave within a reasonable time.

“There is no evidence that this occurred on Wednesday or Thursday, therefore there has been no trespass offence committed.”

Speaking on Friday morning at the West Gate Tunnel site — before the police had issued their statement — Minister for Transport Infrastructure Danny Pearson reiterated the government’s “expectation” that police would be called if Mr Setka attempted to enter another government work site.

“You can’t just have people wandering around here there and everywhere,” he said.

“He had no right to be on these sites and it’s my expectation that be followed up.

“Whether it is John Setka, or anybody else, you have to have a lawful purpose to enter these sites. If you do not have a lawful purpose to be on a Big Build site then the police will be called.”

Former CFMEU boss John Setka shows off his new tattoo reading: ‘God Forgives The CFMEU Doesn’t’. Picture: Supplied

Victoria Police’s Financial Crime Squad probed 20 allegations against the CFMEU.

On Friday they said eight off these matters fell into the remit of Victoria Police.

The other 12 have been referred to other agencies including the Australian Federal Police, the Fair Work Commission, Fair Work Ombudsman and the Australian Taxation Office.

The allegations probed included a mix of existing matters known to Victoria Police and new matters.

One of the new matters was an allegation CFMEU Indigenous organiser Joel Shackleton threatened to kill an Indigenous labour hire worker.

The Herald Sun revealed on Thursday financial crime squad detectives had charged Mr Shackleton over the matter.

“A 40-year-old Beveridge man was arrested yesterday and has been charged with threats to kill and threat to inflict serious injury,” a police spokesman confirmed on Friday.

Another matter probed was CCTV footage which captured Mr Setka dumping a suitcase in the driveway of CFMEU Assistant National Secretary Leo Skourdoumbis late at night in May.

The suitcase had the words “Leo the dog” scribbled on it.

Police said it would not be taking any action over the matter as the victim had been “unwilling to make a statement” about it.

Premier Jacinta Allan has said there is no place for John Setka at government worksites. Picture: William West.

In another incident, police said no offence was detected when alleged crime figure Joel Leavitt reportedly drove himself to hospital in a work vehicle after he was shot at the Rebels clubhouse last year.

Leavitt, a CFMEU health and safety official, reportedly used a work car – ultimately funded by the Allan government – to take himself to the Footscray Hospital as he bled from the gunshot wound.

“This is not a criminal offence. Separate to this, police are continuing to investigate the shooting,” police said.

Several allegations of CFMEU members attacking, intimidating, harassing and bullying other members in the manufacturing division were also dismissed.

“This has been dealt with at Federal Court hearings in 2021,” police said.

“No additional information has been provided by the complainant to date and he is unwilling to make a statement,” the police statement continued.

Other allegations of workplace bullying and the “unlawful imprisonment of a contractor” on site were also rejected as no criminal offence was detected after police spoke with the family.

Setka made a shock visit to the Footscray Hospital site and Metro Tunnel job this week which fired up Premier Jacinta Allan.

Ms Allan said there was “no place” for John Setka at government worksites as she referred the matter to police.

Workers at those sites were told to call police if the former union boss turned up as he would be committing trespassing offences.