Former CFMEU boss Setka taken to court over alleged push to oust AFL umpiring chief

Disgraced former CFMEU boss John Setka has been accused of breaching workplace laws for trying to pressure the AFL into dumping its umpiring chief, Steve McBurney, due to his previous job at the Australian Building and Construction Commission.

The Fair Work Ombudsman said on Wednesday it would take the former Victorian construction union boss to the federal court. The ombudsman alleges Setka intended to coerce the AFL into dismissing McBurney.

Former CFMEU boss John Setka.Credit: Chris Hopkins

Pointing to statements on social media and a series of news publications, the ombudsman said it would also allege that Setka took adverse action against McBurney because he had exercised workplace rights when he participated in more than 50 court actions against the CFMEU at the Australian Building and Construction Commission (ABCC).

McBurney led the powerful construction watchdog from 2018 to 2023 after being appointed by the Turnbull government to a five-year term. The ABCC was stripped of its powers shortly after the Albanese government was voted into power in 2022. It was officially closed in 2023. McBurney joined the AFL in March last year.

“No one is above the law,” Fair Work Ombudsman Anna Booth said. “It is important that we make it clear to all involved in Australia’s workplace relations system that this type of allegedly threatening and coercive behaviour will not be tolerated.

“Mr McBurney had a lawful workplace right to perform his role as the Australian Building and Construction Commissioner without having to fear that he would later be targeted by the type of conduct we allege Mr Setka engaged in.

“Adverse action and coercion inherently undermine the operation of workplace laws and employees’ ability to exercise their lawful rights.”

The Fair Work Ombudsman is seeking penalties against Setka and the CFMEU in relation to their alleged contravention of sections 340 and 355 of the Fair Work Act.

Setka faces penalties of up to $18,780 per alleged contravention, and the CFMEU faces penalties of up to $93,900 per alleged contravention.

In May and June last year, the Fair Work Ombudsman alleges, Setka threatened the CFMEU would disrupt or delay AFL building projects if the AFL did not dismiss McBurney, who is the league’s head of officiating.

In its statement, the ombudsman said it would allege that Setka had authorised the publishing of a post on the CFMEU Vic-Tas Facebook page that stated: “Good luck to the AFL with any plans to build any projects, as our members will not be building or supporting any projects that the AFL are involved in” while the AFL supported McBurney.

The ombudsman also said the proceedings specifically related to statements published by The Australian, 3AW, 6PR, the Herald Sun, The Age and 9 News.

In a statement later published in The Australian, Setka allegedly said: “They will regret the day they ever employed him.”

Setka also gave an interview at the time to The Age in which he described the appointment of McBurney as an “insult to the whole game and the players”.

“We’ve got a number of AFL players that are working in the building industry that are members of ours,” he said. “Putting someone like that in charge, I think it’s disgraceful and that they ought to be ashamed of themselves.”

Setka told The Age at the time that McBurney should not be able to work anywhere again. He said his members would not strike but would operate on a work-to-rule system, meaning they worked only basic hours, which could lead to cost and time blowouts.

Setka has been contacted for comment. The AFL has also been contacted for comment.

Setka stood down from his position as CFMEU chief after this masthead launched the Building Bad investigation into the union’s links to organised crime and its culture of intimidation.

The union was subsequently placed in administration over the concerns raised in the investigation.