FWC probe into $180,000 donation by John Setka’s CFMEU

The probe relates to donations exceeding $180,000 made by the state CFMEU’s construction division in 2022.

The Fair Work Commission has launched a fresh investigation into the CFMEU. Picture: David Clark

The Fair Work Commission has launched a fresh investigation into more than $180,000 in donations made by the then John Setka-led Victorian CFMEU to potentially influence another union’s election.

The FWC said the probe related to donations exceeding $180,000 made by the state CFMEU’s construction and general division to a commercial company. A spokesman said the payment was “reported to have been made to support a candidate from a different union in an uncontested election in 2022”.

The probe will examine whether the donations were made in accordance with the objects of the union and whether any officers may have contravened a civil penalty provision of the Fair Work act.

The FWC said it sought the CFMEU branch’s voluntary assistance in June and July to address regulatory concerns about the donation of significant branch funds for an uncontested election in a separate union but had not received any response.

Mr Setka’s subsequent resignation and allegations in recent media coverage are not within the scope of the investigation.

It will examine whether the donations were consistent with the interests of CFMEU branch members; whether this was compatible with the objects of the union; the nature of the trans­actions and whether in-kind products were supplied; and whether the branch or any of its officers received a benefit as a result of the donations.

The probe came as the Fair Work Ombudsman wrote to employers seeking information on potential coercion relating to enterprise agreements on Victorian Big Build infrastructure projects.