John Setka takes fight against Anthony Albanese to Supreme Court

John Setka is taking his fight against Labor all the way to the top, with the CFMEU boss launching Supreme Court action to halt Anthony Albanese’s move to expel him from the party.

CFMEU boss John Setka is taking action against the Labor party. Picture: David Crosling

Union boss John Setka has launched Supreme Court action to stop Opposition Leader Anthony Albanese’s bid to boot him from the Labor party.

In a writ filed with the court today, Mr Setka says the ALP national executive does not have the power to expel him under the national constitution.

The CFMEU secretary is seeking an injunction from the court to prohibit Mr Albanese moving the motion at a planned executive meeting on July 15.

All 22 members of the party’s national executive, including ALP national secretary Noah Carroll, Mr Albanese, Tim Ayres, Stephen Baker and Kim Carr, were named as defendants.

Australian Opposition Leader Anthony Albanese has moved to boot Setka from the Labor party. Picture: AAP Image/Lukas Coch

The national executive was due to vote tomorrow, but it has been pushed back 10 days after Mr Setka wrote to Mr Carroll earlier this week asking for more time, claiming the process was “completely unclear”.

Mr Albanese has moved to expel Mr Setka saying his conduct, including a number of expletive-laden outbursts and public attacks, had brought the entire ALP into disrepute.

Pressure for him to step down also came after he was last week put on a good behaviour bond and ordered to pay $1000 to charity after pleading guilty to using a carriage service to harass his wife.

In a sworn affidavit, prepared by his lawyer Andrew George from Doogue & George and also filed with the court, Mr Setka disagreed with Mr Albanese’s allegations.

“As I understand it, he is alleging that the way I conduct myself is so reprehensible that it is necessary for the national executive to take the extraordinary step of expelling me,” Mr Setka said. “I strongly disagree with his allegations.”

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Mr Setka said expulsion would “significantly affect” him from performing his CFMEU duties.

“A consequence of expelling me from the ALP will be that I am unable to advocate on behalf of my union, or advocate as effectively, as I have in the past,” Mr Setka said.

He detailed how he has been a member of the Victorian branch of the ALP for about 12 years, influencing policy, including legislation on industrial manslaughter.

Mr Setka signed up, he said, when he was the national vice president of the CFMEU as he “wanted to enact real change”.

“I thought that the best way to do this was to join the ALP and advocate for improved work conditions and wages for construction workers,” he wrote under oath.