Disgraced former union boss John Setka charged over alleged threats to CFMEU administrator

Former CFMEU boss John Setka has been charged with attempting to threaten or intimidate the union’s government-appointed administrator.

Victorian and federal police arrested Setka at a property in Melbourne’s inner west at 6.40am on Wednesday. He was later interviewed and charged.

Former CFMEU Victorian secretary John Setka.Credit: Chris Hopkins

“Investigators will allege the Footscray man sent a number of allegedly threatening, offensive and abusive emails to a CFMEU administrator,” police said.

Three police officers escorted a handcuffed Setka from an apartment building to a black SUV.

It is understood police have seized Setka’s mobile phone and are analysing his communications.

Setka was charged with seven counts of using a carriage service to menace, harass and offend the union’s government-appointed administrator, Mark Irving, KC. Setka was bailed and will face Melbourne Magistrates’ Court on January 30 next year.

The charges relate to extremely aggressive and profanity-laced messages Setka sent the CFMEU administration led by Irving.

Setka has over the past six months sent a number of allegedly threatening messages to administration officials. In his messages, he has repeatedly attacked this masthead’s investigative journalist, Nick McKenzie, and anti-corruption buster Geoffrey Watson, SC.

He accused both men of being “dogs” for exposing union wrongdoing and made highly offensive remarks about Watson’s and McKenzie’s family members.

In one message, Watson was attacked for having “gone on 60 Minutes along with that scumbag Nick McKenzie”. “I warn you Watson, you should hope you never cross my path,” he added.

In October 2024, this masthead revealed police had warned Irving that he was the subject of an imminent death threat designed to undermine his efforts to clean up the union. A spokesperson for the administrator said at the time that Irving “will not be distracted or diverted” from his work.

Setka quit as the construction union’s boss in 2024 after facing numerous allegations of misconduct tied to his activities within the CFMEU. He was elected to lead the Victorian branch in 2012.

The allegations, revealed in this masthead’s Building Bad investigation last year, prompted the federal government to appoint Irving as an independent administrator to overhaul the union.

Using a carriage service to menace essentially means using any form of electronic communication service, like a phone, in a way that is threatening or intimidating to a person.

The standard charge carries a maximum penalty of three years’ jail.

CFMEU administrator Mark Irving, KC.Credit: Joe Armao

In 2019, Setka was convicted of using a carriage service to harass his ex-wife, Emma Walters, and breaching a court order.

The harassment included calling her 25 times in one night and sending her 45 text messages, including calling her a “treacherous Aussie f---en c---”.

He was fined $1000, placed on a good behaviour bond and ordered to complete a men’s behavioural change program.

In 2023, Walters was found guilty of recklessness in threatening to kill Setka but escaped conviction.

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