CFMEU, John Setka facing legal action for alleged AFL coercion

The Fair Work Ombudsman (FWO) has commenced legal proceedings against the Construction, Forestry and Maritime Employees Union (CFMEU) and its former Victorian secretary, John Setka.

Adding another shocking chapter to the ongoing investigation into the allegations surrounding the CFMEU, former Victorian secretary John Setka is facing legal action. The FWO has alleged Setka intended to coerce the Australian Football League (AFL) into dismissing the former commissioner of the Australian Building and Construction Commission (ABCC), Stephen McBurney.

It’s alleged by the FWO that Setka directly took adverse action against McBurney because he was either involved in initiating and/or participating in more than 50 court actions against the CFMEU during his tenure as ABCC commissioner (2018–2023.)

The legal action put forward by the FWO is based on numerous statements made by Setka towards McBurney – who is now AFL’s head of officiating.

According to the FWO, Setka threatened that the CFMEU would disrupt or delay AFL building projects if the AFL did not dismiss McBurney from his job role.

It’s alleged by the regulator that Setka signed off on a CFMEU Vic-Tas’ Facebook page post that read: “Good luck to the AFL with any plans to build any projects, as our members will not be building or supporting any projects that the AFL are involved in” while the AFL supported McBurney.

On other occasions, it’s alleged that Setka himself said: “They will regret the day they ever employed him. As far as we’re concerned, we will pursue the ex-ABCC till the ends of the earth ...”

Fair Work Ombudsman Anna Booth stressed that the legal proceedings represented the serious nature of Setka’s allegations.

“We are alleging that Setka and, through him, the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,” said Booth.

“No one is above the law. It is important that we make it clear to all involved in Australia’s workplace relations system that this type of allegedly threatening and coercive behaviour will not be tolerated.

“McBurney had a lawful workplace right to perform his role as the Australian building and construction commissioner without having to fear that he would later be targeted by the type of conduct we allege Mr Setka engaged in.

“We expect all workplace participants, including unions and their officials, to follow the law. As an independent regulator, we will continue to take action to deter unlawful conduct. Adverse action and coercion inherently undermine the operation of workplace laws and employees’ ability to exercise their lawful rights.”

Overall, the FWO alleges that the conduct of Setka – and, therefore, the CFMEU – contravened sections of the Fair Work Act as he attempted to:

• Try to coerce an employer not to employ a person.
• Advise, encourage and/or incite, or attempt to coerce an employer to take adverse action against a person because the person had exercised a workplace right.

The regulator seeks to ascertain penalties against both Setka and the CFMEU. Setka himself faces penalties of up to $18,780 per alleged contravention, while the union faces penalties of up to $93,900 per alleged contravention.