Police finalise probe into CFMEU, clear Setka over Big Build site visits

Victoria Police has finalised its initial look into 20 allegations of criminal activity within the scandal-plagued CFMEU, with one investigation under way, a man charged and another assessment ongoing.

Another 12 accusations have been referred to other agencies, including the Australian Federal Police and the Fair Work Commission.

Victoria Police said in a statement on Friday it would not act on five of the eight allegations deemed to fall within its scope because complainants were unwilling to make a statement or criminal offences could not be identified.

The potential criminal activity included accusations of fraud, threats and intimidation referred from Premier Jacinta Allan after the Building Bad joint investigation by The Age, The Australian Financial Review and 60 Minutes.

Building Bad detailed allegations of corruption, intimidation and criminal infiltration involving the construction union and building sites across the country, including government projects.

Victoria Police said there was a probe into alleged fraud within the building industry that was already being investigated and remained ongoing. Individuals who are subject of the probe were not identified.

Former CFMEU boss John Setka addresses a worker rally at the Footscray Hospital site on Wednesday.

“This is a complex investigation that is still being assessed by external lawyers and will take some time to complete,” the statement said. “Charges are currently being considered.”

Victoria Police also reiterated that on Thursday officers had arrested and charged 40-year-old CFMEU Indigenous organiser Joel Shackleton with threats to kill and to inflict serious injury.

Separately, police said follow-up inquiries were still being made about the alleged intimidation of a developer, although no criminal offence had yet been identified.

Police said they would not take further steps over former CFMEU boss John Setka’s dumping of a suitcase with the words “Leo the Dog” scrawled on it, in the suburban driveway of CFMEU assistant national secretary Leo Skourdoumbis because Skourdoumbis was not willing to make a statement.

They also said they had cleared Setka of any criminal offence for appearing at two government Big Build sites this week.

“For there to be a trespass offence, a person must be asked to leave by someone in charge of the site or who has authority at the site,” the statement said.

“There is no evidence that this occurred on Wednesday or Thursday, therefore there has been no trespass offence committed.”

Other accusations that unnamed CFMEU construction members had attacked and intimidated members of the manufacturing division will not proceed because the complainant is unwilling to make a statement, and no fresh evidence has been provided since the matter was dealt with in the Federal Court in 2021.

Police could not identify a criminal offence over allegations against unnamed individuals of workplace bullying and unlawful imprisonment of a contractor on a CFMEU worksite and the reported allegations of assault and financial kickbacks.

They said an investigation continued into the shooting of crime figure Joel Leavitt at the Rebel bikie clubhouse. However, police did not find a criminal offence related to the fact Leavitt had driven himself to hospital in a car given to him to conduct safety checks on workers.

Leavitt was employed on the taxpayer-funded Hurstbridge rail line upgrade, earning an estimated $250,000 as a CFMEU health and safety official.

All the agencies to have received referrals for the other 12 allegations have agreed with Victoria Police that they fell under their respective responsibilities. Police are also sharing information and working with a separate independent review of the construction sector.

On Friday, Transport Infrastructure Minister Danny Pearson would not comment on the specific allegations now that charges had been laid (against Shackleton), but said every worker deserved a safe workplace.

“Every Victorian worker deserves to feel safe and respected, deserves to come home safely at the end of each shift,” Pearson said. “There’s no place for violence or bullying on any worksite in Victoria.”

Pearson said police should be called when any unauthorised person accessed a Big Build site, after Setka made two appearances in 24 hours.

He said the government had made it very clear to contractors that this should not be happening.

Victorian Premier Jacinta Allan and Transport Infrastructure Minister Danny Pearson at a worksite in July.Credit: Penny Stephens

“John Setka is not an elected official of the CFMEU. His access to these sites are in an unlawful manner because he’s not an authorised person to be there, Pearson said.

“He’s just like any other member of the public. He has no right to be on these sites.

“If you don’t have a lawful purpose to be on a Big Build site, the police will be called.”

A spokesperson said the state government had zero tolerance of illegal behaviour.

CFMEU official Joel Shackleton has been charged with making threats to kill.Credit: Facebook

“We are getting on with tearing this rotten culture out by its roots – making sure our construction industry meets the expectations of the Victorian people,” the spokesperson said.

“There is no place on Victorian Big Build worksites for John Setka.”

It comes after a bloc of blue-collar unions said they would quit the Australian Council of Trade Unions and start their own group in protest over its handling of the CFMEU saga, including its backing of laws that put the union into administration.

ACTU president Michele O’Neil said she wasn’t aware of any other unions threatening to quit and that the “vast bulk” wanted to stay together.

“But it’s not the first time at all in our history, which is nearly 97 years now, ... and it won’t be the last time that a union chooses to disaffiliate,” she told ABC Radio on Friday.

“We’ve been making a stand as a union movement about our values, about who we are, about what’s important for working people, and we’ve made a decision collectively that we need to stand up against criminal elements coming into the union movement or into a union.

“We need to stand up against violence, harassment and corruption and that is decisions we’ve made together.”

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