Setka’s foul-mouthed rally rant sparks watchdog probe

An expletive-laden rally appearance by John Setka at a large taxpayer-funded project site has sparked a probe by the workplace regulator and prompted a please explain from the state government to building giant Multiplex about how the disgraced former CFMEU boss was allowed access to the site.

Setka used his Wednesday morning appearance at the $1.5 billion Footscray Hospital project in Melbourne’s west to launch a tirade against the Albanese government and the ACTU, in a clear challenge to efforts from state and federal governments as well as the trade union leadership to reform the CFMEU following allegations of intimidation and corruption.

During the rally, he repeatedly attacked the Albanese government and renewed his claim that Labor had walked away from a deal in which Setka would resign and the union would avoid being put into administration. The federal government has previously said the claim of a deal is false.

In an address frequently punctuated with swearing and abuse of public figures, Setka said he had offered to stand down once union national secretary Zach Smith said the federal government was considering bringing in administrators ahead of the Building Bad investigation being published by this masthead, The Australian Financial Review and 60 Minutes

“I go, ‘Over f---ing what? The f---ing program [60 Minutes] hasn’t even aired yet,’ ” he said on a recording of the event obtained by this masthead, adding his reaction may have been affected by a hangover from fellow unionist Christie Cain’s retirement party.

“I said, ‘You know what? I’m going to be gone in a few months. F--- that, you tell them. They want a scalp you tell them I’ll go. I’ll resign right now. I’ll resign tonight.’

“They went back there. The ACTU was involved. There was negotiations going on. I was in the office with [union assistant secretary] Derek Christopher and a few other people. The call came through and says they took the deal. They’ll leave the union alone if we both step down.

“It was reached with [former federal workplace relations minister] Tony Burke and ‘Albo’ knew about it. Come Monday ... the government reneged on the deal and said we want everyone to resign. I told them to go get f---ed and that’s how it all started.”

Setka, formerly the CFMEU Victorian branch boss, also took aim at new Workplace Relations Minister Murray Watt.

“[Burke is] no longer the IR minister. Now we’ve got that Murray ‘Twat’ – we call him Twat because he’s a f---ing twat and now he’s the new IR minister,” he said.

Former construction union boss John Setka addresses a worker rally at the Footscray Hospital site on Wednesday.

“Let me tell you, this [CFMEU administration] legislation is pretty f---ing dangerous.”

Setka’s appearance at a substantial taxpayer-funded project site undermines Premier Jacinta Allan’s claims that her government has zero tolerance for the CFMEU’s previous leadership.

Allan declined to comment on the rally during a press conference on Wednesday morning, saying she had not yet been briefed about it.

In a statement on Wednesday night, the state government said it had asked lead contractor Multiplex how the event happened.

Premier Jacinta Allan’s government wants an explanation for Setka’s rally appearance.Credit: Simon Schluter

“We have asked the lead contractor for an explanation and sought assurances this does not happen again,” it said.

Multiplex, whose close ties to the CFMEU have previously been reported by this masthead, said it did not authorise Setka’s appearance.

“We are investigating how he gained access,” the company said.

The hospital project is tightly controlled by the union, with evidence uncovered by this masthead also suggesting unnamed CFMEU officials would accept kickbacks to get subcontractors on the project.

A spokesperson for workplace regulator the Fair Work Ombudsman said it was aware of allegations former CFMEU officials had attended construction sites recently and was investigating whether there were any breaches of the Fair Work Act, which contains strict rules around site access.

State Opposition Leader John Pesutto said Setka’s appearance at the Footscray Hospital site raised serious questions about the government’s ability to handle the fallout of the CFMEU saga.

“You do have to ask the question now, given all that we’ve found out … who’s running the state – is it Premier Jacinta Allan or premier John Setka?” Pesutto said.

“Who’s in charge here? Because right now, it looks like ‘Doctor’ John Setka is in charge of our public hospitals and probably major projects around our state.”

John Setka at a Dreamstreet marketing stall. Credit: Instagram

After the rally, Setka denied a report published earlier in this masthead that he had told figures at the site that he was now working for union-aligned mortgage broker Dreamstreet Lending.

In a social media post, Setka said he did not work for Dreamstreet but fully supported its work.

Asked repeatedly if he had given Setka a job, Dreamstreet refused to comment.

A spokesperson for the CFMEU administrators said Setka had resigned and did not represent the union.

“Part of the role of the administration is to investigate fraud and misuse of members’ money, and that remit can extend to current and former CFMEU officials,” the spokesperson said.

The Fair Work Ombudsman has also written to media outlets asking for their statements or comments made by Setka to their staff in relation to his public campaign against Stephen McBurney, the head of officiating at the AFL.

The ombudsman is investigating whether Setka contravened the Fair Work Act in his public comments about McBurney, including asking that he be dumped from his role.

Elsewhere, legal filings lodged on Wednesday reveal former CFMEU Queensland officials Michael Ravbar and William Kane Lowth will lead the union’s old guard in their High Court appeal against federal Labor’s laws that ousted them and installed a barrister to overhaul the organisation.

The union argues in the documents that federal legislation is invalid as it “limits political communication”, the minister is usurping judicial power and the case is punitive – meaning it is designed to inflict punishment and are unconstitutional as only the courts, not the government, can deliver punishments.

The Commonwealth of Australia, Attorney-General Mark Dreyfus and administrator Mark Irving, KC, will be the defendants.

Ravbar and Lowth’s legal team, led by Bret Walker, SC, will also argue the government has acquired property through forcing an administration in the “absence of any facts or circumstances that would justify” it.

Cut through the noise of federal politics with news, views and expert analysis. Subscribers can sign up to our weekly Inside Politics newsletter.