The disgraced union boss had allegedly tried to seek the dismissal of AFL chief umpire Steve McBurney due to his previous job at the Australian Building and Construction Commission
The disgraced union boss had allegedly tried to seek the dismissal of AFL chief umpire Steve McBurney due to his previous job at the Australian Building and Construction Commission
- Breaking
- National
- Victoria
- Industrial relations
By Sarah Danckert
Updated February 19, 2025 — 3.02pmfirst published at 2.25pm
Disgraced former CFMEU boss John Setka has been accused of breaching workplace laws for trying to pressure the AFL into dumping its chief umpire, Steve McBurney, due to his previous job at the Australian Building and Construction Commissioner.
The Fair Work Ombudsman said on Wednesday it would take the former Victorian construction union boss to the federal court. The ombudsman alleges Setka intended to coerce the Australian Football League (AFL) into dismissing McBurney.
Pointing to statements on social media and a series of news publications, the ombudsman said it would also allege that Setka took adverse action against McBurney because he had exercised workplace rights when he participated in more than 50 court actions against the CFMEU at the ABCC.
“No one is above the law,” Fair Work Ombudsman Anna Booth said. “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.
“Mr 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.
“Adverse action and coercion inherently undermine the operation of workplace laws and employees’ ability to exercise their lawful rights.”
The Fair Work Ombudsman is seeking penalties against Setka and the CFMEU in relation to their alleged contravention of sections 340 and 355 of the Fair Work Act.
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Setka faces penalties of up to $18,780 per alleged contravention, and the CFMEU faces penalties of up to $93,900 per alleged contravention.
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In May and June last year, the Fair Work Ombudsman alleges, Setka threatened the CFMEU would disrupt or delay AFL building projects if the AFL did not dismiss McBurney, who is the league’s head of officiating.
In its statement, the ombudsman said it would allege that Setka had authorised the publishing of a post on the CFMEU Vic-Tas Facebook page that stated: “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.
In a statement later published in The Australian, Setka allegedly said: “They will regret the day they ever employed him.”
Setka stood down from his position as CFMEU chief after this masthead launched the Building Bad investigation into the union’s links to organised crime and its culture of intimidation.
The union was subsequently placed in administration over the concerns raised in the investigation.
Sarah Danckert is a senior reporter who specialises in investigations and corporate wrongdoing. She is a two-time Walkley Award winner, and has won six Quill Awards and two Kennedy Awards.Connect via Twitter.
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