Former CFMEU Leader John Setka Concedes to Unlawful Outburst Targeting AFL Umpiring Chief

Former Union Leader Defies Workplace Regulations

John Setka, the former secretary of the CFMEU in Victoria, has expressed no regret regarding his violation of workplace laws. His legal representative claimed he did not intentionally launch a public campaign against ex-regulator Stephen McBurney, who was also the AFL’s head of umpiring.

<p>Setka faces potential fines up to $18,730, but could incur much higher legal expenses, as the union has opted not to cover his court costs.</p>

<p>During a recent Federal Court hearing, Setka acknowledged breaching the Fair Work Act. This admission stemmed from his attempts to pressure the AFL into dismissing McBurney in mid-2024. McBurney, who served as the Australian Building and Construction Commissioner from 2018 to 2023, was involved in over 50 legal cases against the CFMEU.</p>

<blockquote>
    <p>"He doesn't express any remorse but he has made an admission that what he did was wrong,"</p>
    <footer>&mdash; Margo Harris, Setka's barrister</footer>
</blockquote>

<p>Setka was absent from the courtroom during the session.</p>

<h2>Admission of Law Breach Precedes Major Commission Hearings</h2>
<p>This latest development comes just days before hearings are set to begin in Victoria's Royal Commission into the state-led "Big Build" construction projects, which have been marred by allegations of extensive corruption and misconduct.</p>

<p>Setka's departure from the CFMEU followed his public criticisms of McBurney. Additionally, he is facing separate criminal charges for alleged harassment of union administrators.</p>

<p>In this case, while still in his leadership role, Setka made statements on social media and participated in media interviews for two weeks, threatening that the CFMEU would obstruct AFL building projects unless McBurney was removed. He characterized the potential ramifications for the AFL, stating:</p>

<blockquote>
    <p>"This is going to cost the AFL a lot of f**king money. I hope it's worth it. Projects without our full co-operation are going to be a f**king misery for them. They will regret the day they ever employed him."</p>
</blockquote>

<figure>
    <img alt="John Setka speaking to reporters outside Melbourne Magistrates' Court." src="https://live-production.wcms.abc-cdn.net.au/8401931ce89ace7368682b559d2a49e2?impolicy=wcms_crop_resize&cropH=1080&cropW=1620&xPos=150&yPos=0&width=862&height=575" loading="lazy">
    <figcaption>John Setka left the CFMEU shortly after his harsh remarks about Stephen McBurney. <cite>(ABC News)</cite></figcaption>
</figure>

<p>The Fair Work Ombudsman has charged Setka and the CFMEU, asserting that his demands for McBurney's removal were based on his lawful actions in his previous position. On Friday, legal representatives admitted to the violations.</p>

<p>Harris argued that there was little evidence Setka actively sought media attention, despite having given multiple interviews where he insisted the AFL should rid itself of McBurney. This prompted Judge John Snaden to clarify the nature of her argument.</p>

<h2>Serious Breaches Amidst Union Reform</h2>
<p>FWO barrister Marc Felman underscored the severity of Setka's violations of the Fair Work Act, emphasizing that such demands were deemed illegal due to their connection to McBurney's official role. Despite not being the first to call for an AFL umpire's dismissal, Setka's actions crossed a legal line.</p>

<figure>
    <img alt="Stephen McBurney, AFL Head of Officiating." src="https://live-production.wcms.abc-cdn.net.au/904e7caa0719acc70078b3a0ee0ca692?impolicy=wcms_crop_resize&cropH=531&cropW=796&xPos=0&yPos=0&width=862&height=575" loading="lazy">
    <figcaption>Stephen McBurney has officiated 401 AFL games and continues to serve as the league's head of officiating. <cite>(AFLUA Hall of Fame)</cite></figcaption>
</figure>

<p>The CFMEU, now under new administration, could face fines up to $93,900. Barrister Andrew White advocated for a reduction in penalties, citing a cultural shift within the union that distances itself from lawbreaking.</p>

<p>Judge Snaden is expected to determine the penalties for Setka and the CFMEU at a later date.</p>