Setka facing court action as union war heats up

Controversial union boss John Setka has been accused of poaching members from other sections of the powerful CFMMEU, with another union heavyweight pursuing legal action.

Union boss John Setka has been accused of trying to poach members from another manufacturing section. Picture: Kelly Barnes/AAP

Construction union boss John Setka is facing court action to stop him from stealing members from other sections of the powerful industrial body.

CFMMEU national secretary Michael O’Connor has lodged legal papers in the Federal Court in Melbourne seeking orders to prevent Mr Setka and 29 other construction division officials from poaching members from Mr O’Connor’s manufacturing branch.

Mr O’Connor is seeking permanent orders stopping Mr Setka and other officials from “encouraging or advising any members of the union in the Victorian district of the manufacturing division of the union” to resign their membership of the division.

As well, Mr O’Connor wants orders preventing officers and organisers of Victorian-Tasmanian division from enrolling members who have resigned, and the members and their union dues to be returned to the manufacturing division.

No date has been set for a hearing.

It is the latest escalation of the war within the CFMMEU.

Mr Setka was forced out of the Labor party last year, having pleaded guilty to harassing his wife, but has controversially held onto his union position.

Last September, CFMMEU national and mining and energy division president Tony Maher received support for a motion condemning Mr Setka’s “unprincipled actions” in stealing members from other divisions.

Mr Maher said at the time the union would not tolerate “breaches of rules and the principle of divisional autonomy”.

The Morrison government has sought to use the CFMMEU ructions as an example of why “ensuring integrity” laws need to be passed.

The draft laws will go to the Senate when parliament resumes in Canberra on February 4.

Mr Setka has been the Victorian secretary of the CFMMEU since 2012.

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His leadership has been considered controversial over the years, particularly with regard to the perceived influence the union has over construction companies.

In 2012 Mr Setka unsuccessfully tried to sue then Leader of the Opposition Tony Abbott for suggesting he was a “union thug”.

The union heavyweight was a driving force behind the Rail, Tram and Bus union strikes during the 2015 AFL finals.

The strike was condemned by the Victorian government for the impact it had on businesses.

Setka became a builder when he was 19, getting his start in unions with the Builders Labourers Federation.