John Setka’s CFMEU branch calls to settle ‘poaching’ dispute internally

John Setka’s CFMEU branch has called for a ‘poaching’ dispute with the union’s national secretary to avoid the courts.

The Victorian branch of the CFMEU has called for the dispute with the union’s national secretary to be settled internally. Picture: Annette Dew

John Setka’s CFMEU branch has called for a dispute with the union’s national secretary Michael O’Connor over the “poaching” of members to be dealt with internally rather than through the courts.

Legal action by Mr O’Connor against Mr Setka will be subject to a Federal Court hearing next week, with union leaders concerned the CFMEU civil war is undermining the ACTU bid to kill off the Coalition’s Ensuring Integrity Bill.

Mr O’Connor launched the action in January, accusing Mr Setka’s construction and general

division of “poaching” members from the union’s manufacturing division.

John Setka. Picture: David Crosling

Maurice Blackburn principal Josh Bornstein, who is acting for the Victorian construction division, said the case was about a dispute over the proper interpretation of the union’s rules.

“The construction division believes that this matter should be dealt with by the appropriate decision-making bodies under the rules of the union, not by litigation,” Mr Bornstein said.

“The construction and general division will argue that it’s rules mean that the workers concerned who work on construction sites, can choose to join the construction and general division and that it makes more sense for them to be covered by the same union as other on-site construction workers.”

Mr Setka’s deputy, Elias Spernovasilis said on Wednesday that “members have been choosing to move divisions on their own accord for a number of years”.

“Making the move to the construction division after working on construction sites isn’t uncommon,” he said.

“Our division has represented our brothers and sisters on site every day, delivering counsel and camaraderie, helping to prevent fatalities and getting members home safely to their families.”

Mr Spernovasilis said the choice for workers to shift divisions and be covered by the same union as other on-site construction workers was obvious. “We respect the wishes of members who have made this choice,” he said.

The Morrison government is seeking to move on from last year’s politically embarrassing defeat of the Ensuring Integrity bill, holding talks with the Senate crossbench ahead of an expected second tilt at passing it this parliamentary session.

Jacqui Lambie said last week she would consider backing the bill if the government supported her amendments.

Senator Lambie has held preliminary discussions with fellow crossbencher Rex Patrick about the amendments which the Coalition rejected last year after it wrongly assumed One Nation would deliver it the Senate numbers to get the bill passed.