Former John Setka, once one of Australia’s most influential union leaders, is facing court-imposed penalties after admitting to breaching workplace laws by attempting to pressure the Australian Football League (AFL) into dismissing its head of umpiring, Stephen McBurney.
The Federal Court heard that Setka, the former Victorian secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), admitted breaching the Fair Work Act through a public campaign aimed at forcing the AFL to remove McBurney from his position.
McBurney previously served as Australian Building and Construction Commissioner and was involved in more than 50 legal proceedings against the CFMEU between 2018 and 2023, making him a controversial figure within the union movement.
Setka faces a potential fine of up to A$18,730, although legal costs could prove significantly more expensive after the CFMEU reportedly declined to cover his court expenses.
During the hearing, Setka’s barrister, Margo Harris, argued that her client should not face a severe penalty, saying he had not deliberately orchestrated a public campaign against McBurney.
The court heard that while still serving as union boss, Setka made a series of social media posts and media appearances over a two-week period in 2024, warning that the union could disrupt or delay AFL construction projects if McBurney remained employed.
Among the comments presented to the court were statements in which Setka threatened financial consequences for the AFL.
“This is going to cost the AFL a lot of f**king money. I hope it’s worth it,” Setka said.
“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.”
The case comes just days before hearings begin in Victoria’s Royal Commission into the state’s Big Build projects, an inquiry examining allegations of corruption, criminal activity, and improper conduct across major construction developments.
Setka’s legal challenges are also ongoing elsewhere. He is facing separate criminal proceedings relating to allegations of harassment involving administrators appointed to oversee the CFMEU.
The latest court proceedings add to the mounting scrutiny surrounding one of Australia’s most controversial union figures, whose influence within Victoria’s construction industry has been the subject of political, legal, and public debate for years.
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