Pressure on Setka over Rosie Batty comments

Disturbing new details have emerged about the behaviour of construction union boss John Setka, prompting Victorian premier Daniel Andrews to demand he apologise over comments he made about anti-violence campaigner Rosie Batty.

Mr Setka said last month he would plead guilty to charges of harassing a woman. He told a meeting of his union's national executive this week that the work of Ms Batty had led to men having few rights.

John Setka during the first day of the Australian Labor Party Conference in December 2018. Credit: Alex Ellinghausen

The Age and Sydney Morning Herald can also reveal that a former deputy president of the Fair Work Commission gave a statement to police alleging that Mr Setka repeatedly intimidated and terrified a woman over several months.

The former judicial officer, Anne Gooley, said in her police statement that she had seen Mr Setka's treatment of the woman and that “Seeing John’s anger … I was extremely distressed”.

Police analysis of Mr Setka’s phone activity reveals on a single evening last October, he called the woman 25 times and sent her 45 text messages, calling her a “weak f---en piece of shit” and a “treacherous Aussie f---en c---” and a “f---en dog".

The revelations will increase pressure on senior Labor figures including federal Opposition leader Anthony Albanese and Victorian Premier Daniel Andrews to remove Mr Setka from his influential union and factional Labor roles.

Mr Andrews and other Labor figures have declined to comment on Mr Setka's position, as his criminal harassment charges remain before the courts.

Mr Albanese again did not respond to requests for comment on Friday and a spokesman for the Andrews government only addressed Mr Setka's comments about Ms Batty – whose son was killed by her violent estranged husband – saying, "these comments are unacceptable and he should apologise for them".

''Bad outcomes for women start with bad attitudes - every woman in Victoria should be treated with respect at all times,'' the spokesman said. ''Rosie Batty is a great Australian and we’re proud of her work in combating family violence. Her advocacy has saved lives and changed lives all across the nation.''

Rosie Batty. Credit: Genevieve Rota

Mr Setka said in a statement that his comments about Ms Batty did not amount to an attack on her and that those claiming otherwise had taken him out of context or were being mischievous. He also said he had great respect for Ms Batty.

Witnesses at the national executive meeting of the Construction, Forestry, Maritime, Mining & Energy Union on Wednesday said Mr Setka had repeatedly told them he had "nothing to be ashamed of".

They say he spoke uninterrupted and at length, insisting he could not be blamed for Labor's federal election loss as he had bowed to pressure to go on long-term leave during the campaign due to his criminal charges.

He told the meeting that Labor could "suck me off".

He also defended his friendship with underworld figure Mick Gatto.

Anthony Albanese: under pressure.Credit: AAP

An attendee at the meeting, who did not want to be named, described Mr Setka's comments as the "longest suicide note in CFMEU history".

As a democratically elected official Mr Setka is hard to remove from his position and would likely require a lengthy internal union process to force him out if he does not stand down. The Labor Party could terminate his membership, but has not done so.

Ms Gooley knows Mr Setka via union and Labor party networks and was anticipated to be a police witness against him. She told police that the woman being harassed had told her that Mr Setka had repeatedly intimidated her.

Ms Gooley’s seven page sworn police statement, dated January 2019, also describes in detail the former senior judicial officer's observations of Mr Setka’s conduct.

Ms Gooley alleges that Mr Setka had privately admitted to saying “dreadful things” to the woman.

Ms Gooley, who retired as a Fair Work Deputy President in 2018, alleges that she observed Mr Setka become “extremely volatile.”

“He became aggressive with his language when he was talking to [the woman]…. John is very tall, very big and he raises his voice and talks very harshly.”

Ms Gooley said in her statement that she had supported the woman complaining to police, which had caused further outbursts from Mr Setka.

“John didn’t make me frightened; I know John to be a bully and I don’t fear him.”

However, Ms Gooley said she feared for those less able to deal with Mr Setka’s behaviour.

The CFMEU is now in crisis in both Victoria and NSW, where police have charged assistant secretary Michael Greenfield with buying cocaine from two union organisers who were allegedly dealing drugs from a union car. The three NSW officials are facing drugs charges and, like Mr Setka, have retained their union roles.

The Coalition is planning on using the crisis to attack Mr Albanese and revive laws requiring union officials to pass a "fit and proper person" test.

Union leaders have also been publicly silent on the Setka case, although sources said Mr Setka had fallen out badly with his deputy, Shaun Reardon, over the issue. Mr Reardon refused to comment.

Victorian Trades Hall Council secretary Luke Hilakari declined to comment on Friday and said he was doing so out of respect for the wishes of all parties involved in the case.

ACTU assistant secretary Liam O'Brien also declined to comment as the case was before the courts. CFMMEU national secretary Michael O'Connor did not return a call.

Mr Setka indicated to a Victorian court in late May that he intends to plead guilty to harassing the woman, although the details of that harassment have not before been made public.

If you are troubled by this report, experiencing a personal crisis or thinking about suicide, you can call Lifeline 131 114 or beyondbluebeyondblue 1300 224 636 or visit lifeline.org.au or beyondbluebeyondblue.org.au