CFMEU national secretary Michael O’Connor loses legal action against John Setka

CFMEU national secretary Michael O’Connor has lost legal action against the union’s Victorian construction division boss John Setka.

John Setka Grand in Glenelg in Adelaide. Picture: Morgan Sette

CFMEU national secretary Michael O’Connor has lost legal action against the union’s Victorian construction division boss John Setka over the controversial recruitment of hundreds of members from a rival division.

Federal Court justice David O’Callaghan on Monday dismissed an application by Mr O’Connor alleging Mr Setka’s branch breached union rules by poaching more than 200 members from the rival manufacturing division.

The case centred on whether the manufacturing division or the construction and general division was entitled to represent the interests of cabinet makers, floor layers and glaziers employed on construction sites in Victoria.

Justice O’Callaghan favoured the interpretation of the union rules by Mr Setka’s branch and dismissed the application by Mr O’Connor.

CFMEU National Secretary Michael O'Connor leaving Federal Court in Melbourne. Picture: David Geraghty

The decision is likely to mean that Mr Setka’s branch will keep poaching members of the manufacturing division that are working on Melbourne central business district projects.

Mr Setka said on Monday that the court decision confirmed “what we already believed: construction workers belong in the construction division”.

“It is a shame that this matter had to be resolved in court. Matters such as these should be resolved within the union having regard to the wishes of members,” he said.

Mr Setka said the state division had “fought for and achieved some of the best workplace entitlements in Australia. We look forward to representing and fighting for these members in the future.”

“This decision is a victory for the members who have chosen to join the construction division in order to fight for the rights and entitlements of workers in the construction industry,” he said.

“If you work in construction but you’re not a member of the construction division of the CFMEU, we invite you to join our division and work with us to build a safe industry that works for the workers.”

Before the coronavirus pandemic, the court proceedings were of significance politically because the union’s rival camps were publicly brawling just as the Coalition was seeking to revive its proposed union-busting laws.

The government has put the Ensuring Integrity Bill on hold and is working with the ACTU to try to combat the economic and health fallout from the COVID-19 pandemic.