Fair Work Ombudsman sues John Setka over AFL threats

John Setka faces penalties of up to $18,780 for each alleged contravention and the CFMEU penalties of up to $93,900, over threats to impose a ‘work to rule’ campaign against the league.

Former Victorian CFMEU leader John Setka threatened a work to rule campaign against the AFL. Picture: Roy VanDerVegt/NewsWire

The Fair Work Ombudsman has launched legal action against former Victorian CFMEU leader John Setka over his threats to ­impose a “work to rule” campaign against the AFL unless the league sacked former building watchdog Stephen McBurney from the role of head of umpiring.

The FWO legal action came as police were called to the headquarters of the Queensland Council of Unions on Wednesday morning after 200 CFMEU supporters blocked entry to the building, before several of the protesters stormed the offices.

CFMEU administrator Mark Irving vowed to hold the “ringleaders” to account and exercise his powers to deal with the ­“assault on the Queensland union movement’s peak body”.

The FWO action against Mr Setka and the Construction, Forestry and Maritime Employees Union in the Federal Court ­alleges Mr Setka intended to ­coerce the AFL into dismissing Mr McBurney through his comments, which were first reported by The Australian last year.

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

Fair Work Ombudsman Anna Booth said the filing of legal proceedings reflected the seriousness of Mr Setka’s alleged conduct. “We are alleging that Mr Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,” Ms Booth said.

“No one is above the law. 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.”

The Australian reported last year that Mr Setka threatened to impose a “work to rule” campaign on any league-related projects, ­including the proposed Tasmanian stadium, unless the AFL sacked Mr McBurney as head of umpiring. 

“We have an obligation to pursue anti-union, anti-worker f..kers like him and we will until the end of the earth,” Mr Setka said. “This is going to cost the AFL a lot of f..king money. I hope it’s worth it. Projects without our full co-operation are going to be a f..king misery for them.”

In the wake of the threats, the Albanese government ­introduced laws allowing the CFMEU’s manufacturing division to split from the broader union.

Mr Setka on Wed­nesday did not respond to a ­request for comment about the FWO action.

The QCU executive had been meeting just after 8am to discuss the secondment of assistant secretary Jared Abbott to the CFMEU administration to lead the clean up of the Queensland and Northern Territory branch of the CFMEU when the building was surrounded.

An estimated 200 protesters were outside the building, with four able to enter the union offices in Peel Street, South Brisbane, through the fire staircase.

Mr Abbott was unable to ­attend the meeting because the entries were blocked.

QCU general secretary Jacqueline King said those that had entered the building had ­demanded to “present something” to Mr Abbott, who was outside the building. Police were called after the alleged intruders refused to leave.

“Union employees deserve to be able to work in a safe place, and there were quite a few women who felt threatened and intimidated by them coming into the building,’’ she said. “They left peacefully after the police arrived.’’

The QCU reiterated its opposition to the administration of the CFMEU, including the Queensland and Northern Territory branch, saying “we stand with and remain committed to working with the branch to return it from administration to its membership”.

Mr Irving said he had been made aware of events involving the storming of the QCU, vowing to “hold to account the ringleaders who have abused the loyalty of the construction workers involved today”.

“No worker should be the subject of violent, intimidatory or menacing conduct at work,” he said. “Such conduct deserves unequivocal condemnation. The targeting of fellow trade unionists is deplorable. I totally condemn these actions.

“There is video and security footage of this incident that will be forensically interrogated.

“I will exercise the powers I have to deal with any of the ringleaders of this assault on the Queensland union movement’s peak body.”