John Setka says Stephen McBurney should not be overseeing a ‘working man’s sport’

Former Victorian CFMEU leader John Setka claims his criticism of head of umpiring Stephen McBurney was justified and that he was not trying to coerce the AFL.

John Setka’s defence has been filed in the Federal Court. Picture: Roy VanDerVegt

Former Victorian CFMEU leader John Setka has denied he illegally tried to coerce the AFL into sacking its head of umpiring, Stephen McBurney.

In a defence filed in the Federal Court, Setka has claimed he was simply and justifiably criticising McBurney, who he described as “a zealot anti-unionist determined to destroy the CFMEU” and who should not be overseeing a “working man’s sport”.

Stephen McBurney was criticised by Setka as a ‘zealot anti-unionist’. Picture: AAP

Setka’s defence was filed in response to legal action launched against him by the Fair Work Ombudsman over his spray against McBurney, a former boss of the Australian Building and Construction Commission, in news articles and radio appearances in 2024.

As reported on legal website Lawyerly, he denied breaching the Fair Work Act, arguing his comments were lawful and had been made on behalf of the union “in the pursuit of the CFMEU’s objective of better working and living conditions for CFMEU members”.

The Australian last year revealed Setka’s threats to impose a “work to rule” campaign on league-related projects unless the AFL ditched Mr McBurney.

The FWO has alleged Setka was taking revenge over decisions Mr McBurney made as head of the ABCC, including initiating or participating in at least 50 court actions against the union between 2018 and 2023.

If the action is successful, Setka and the CFMEU would face fines running into hundreds of thousands of dollars.

Setka stood down from his union role in July 2024 amid claims of misconduct and links to organised crime figures.

Originally published as John Setka says Stephen McBurney should not be overseeing a ‘working man’s sport’