John Setka has admitted breaching workplace laws during a campaign calling for the sacking of AFL umpiring chief Stephen McBurney, but is seeking to avoid a substantial financial penalty as he remains unemployed and faces divorce proceedings.
The former CFMEU leader made the admission in the Federal Court on Friday, where the Fair Work Ombudsman described the campaign against Mr McBurney as a serious and sustained breach of the law.
Setka was accused of publicly targeting Mr McBurney over a 14-day period between May 31 and June 14 last year. The campaign included media interviews, statements and a Facebook post saying the former construction watchdog chief was “(not) wanted dead or alive”.
Marc Felman KC, representing the ombudsman, said the statements were not isolated remarks but formed part of a deliberate media operation. Setka had called for Mr McBurney to be dismissed during interviews with several broadcasters and newspapers.
“There can be no question this is a media campaign,” Mr Felman told the court. “The idea that he did not initiate any mainstream media campaign is not consistent with reality.”
Setka has maintained that he did not initiate the media approaches and had initially agreed to an interview because union members expected the CFMEU to respond. His barrister, Margo Harris, said the media had sought him out and that he had already “paid a price”.
However, Ms Harris accepted that Setka had agreed during a live radio interview that he wanted Mr McBurney sacked, and acknowledged that encouraging the AFL to dismiss him was unlawful. She denied that the contraventions were deliberate or calculated.
Mr McBurney led the Australian Building and Construction Commission from 2018 until 2023, after previously taking part in more than 50 proceedings involving the CFMEU. He joined the AFL in March 2024 after the watchdog was formally closed.
Setka stood down as CFMEU chief after an investigation into the union’s links to organised crime and its culture of intimidation. The union was later placed under administration.
Lawyers for the CFMEU told the court that the organisation had undergone a major turnover of staff since the administrator was appointed, with 292 officers automatically terminated and another 150 employees leaving.
Andrew White, representing the union, said the changes had created an “opportunity for renewal” and led to a new approach to unionism, including an expectation that menacing behaviour would not be used.
But Mr Felman said the CFMEU was “a body that’s reforming, not a body that’s reformed”, noting that its new expectations did not expressly state that organisers must comply with the law.
The CFMEU has accepted that the workplace contraventions occurred and has asked for any financial penalty to be kept below $20,000. The maximum penalty is understood to be close to $100,000.
Setka’s own financial position was also raised in court. Ms Harris said he was retired, caring for his elderly mother, unemployed and uncertain about his finances because of his divorce.
Justice John Snaden will decide what penalties, if any, should be imposed at a later date. The royal commission examining corruption on government building sites is due to resume on Monday.
