Jacqui Lambie says CFMEU secretary intimidated by ‘bully’ John Setka

Jacqui Lambie accuses CFMEU secretary of being cowed by John Setka, demanding to know why he remained part of the union.

Senator Jacqui Lambie has taken aim at the CFMEU. Picture: Kym Smith

Crossbench senator Jacqui Lambie has accused CFMEU national construction division secretary Dave Noonan of being “intimidated” by the union’s Victorian secretary John Setka who she labelled a “convicted criminal” and a “known bully”.

Senator Lambie clashed with Mr Noonan as he gave evidence during a Senate inquiry hearing into the Coalition’s Ensuring Integrity bill in Melbourne on Friday.

Senator Lambie asked Mr Noonan why the union was allowing “John Setka, a convicted criminal, to remain the Victorian state secretary of the CFMEU and a known bully at that”

“He intimidates his members,’’ Senator Lambie said. “Why is he still there? I think it’s a fair question, Dave, and you owe it to your members to explain it to them.”

Mr Noonan replied that Mr Setka’s court case were a “matter of public record” — a reference to Mr Setka pleading guilty in June to harassing his wife.

Senator Lambie interjected: “What power do you guys have when you have an intimidator and a bully that’s sitting in there and you guys are not doing anything about it? What power do you have to remove him, Dave?”

Mr Noonan: “I don’t accept your characterisation, Senator.”

Senator Lambie: “Well, you’d be the only one of millions of Australians who don’t. Are you intimidated of him, are you, Dave?

Mr Noonan: “Am I intimidated of John Setka? No.”

Senator Lambie: “Is any of the executive intimated of John Setka?”

Mr Noonan: “We are all our own people. I am not intimated by John Setka or anybody else, Senator. We operate under a set of rules as a union. It is my assessment that John is not in breach of the rules of the union.”

CFMEU Victorian Secretary John Setka. Picture: AAP

Mr Noonan was questioned about Mr Setka telling union delegates that crossbench senators would “wear the consequences” if they supported the Ensuring Integrity Bill.

Mr Noonan described the comments as “heated rhetoric” but Senator Lambie accused him of making light of Mr Setka’s “disgusting“behaviour.

“How do you feel that he intimidates you, Dave?” she asked. “How do you feel about that?”

Mr Noonan: “I am not intimidated by Mr Setka.”

Senator Lambie: “Rubbish. You don’t stand up to him, that’s why.”

She also questioned him about the resignation of female employees from Mr Setka’s office in recent months. Mr Noonan said two female legal officers had quit but they had not told him it was in response to Mr Setka’s conduct.

Nationals Senator Perin Davey quizzed Mr Noonan about comments he made in 2015 that the CFMEU had taken a “strong and public position against violence towards women”. “We will not stand by an official where there is evidence they have engaged in this kind of behaviour,’’ he said at the time.

Mr Noonan said the allegations related to claims made by the former building watchdog Nigel Hadgkiss which were never put to a court. “If they had been substantiated, it would have given the union cause to act:,’’ he said.

Senator Davey: “Yet Mr Setka has been before court, for a serious allegation of violence and breaching court orders and harassment of his wife and yet you stand by him. So you are not taking action against a union official.

Mr Noonan: “My advice is he is not in breach of the rules of the union, Senator. He and his wife are together and they’re doing their best to rebuild their marriage.’

CFMEU national president Tony Maher said on Thursday that members had resigned from the union in protest at Mr Setka staying on. “It’s difficult enough to get young women involved in the trade union movement without having publicity around this,’’ he said.

Asked what message it sent that Mr Setka remained one of the union’s senior officials despite pleading guilty in June to harassing his wife. Mr Maher told ABC television: “It’s obviously a major issue. I am always on the side of victims when it comes to domestic violence.”