John Setka Fair Work Act breach AFL umpiring chief Stephen McBurney, Digi Mart USA News (Australia): Former construction union boss John Setka has admitted to breaching the Fair Work Act after trying to coerce the AFL into sacking its head of umpiring, Stephen McBurney. Prosecutors say Setka launched a media campaign against McBurney, threatening to delay AFL building projects if he was not dismissed.
The Federal Court heard on Friday that Setka admitted the breaches over conduct in mid-2024, when he was still the powerful Victorian secretary of the CFMEU. McBurney, who had served as Australian Building and Construction Commissioner and taken part in more than 50 court cases against the union between 2018 and 2023, remains the AFL’s head of officiating.
Setka faces a fine of up to $18,730, but could face a much larger legal bill because the union has refused to cover his court costs. The Fair Work Ombudsman prosecuted Setka and the CFMEU, alleging the demands to sack McBurney were made because of his lawful work as ABCC commissioner.
The CFMEU, now under administration, could be fined up to $93,900.
In court, Setka’s barrister, Margo Harris, said her client should not receive a severe penalty. She said he is now retired, going through a divorce, and spends most of his time caring for his elderly mother.
Harris also said there was no evidence Setka actively sought media attention and that he did not deliberately run a campaign, though she acknowledged he gave newspaper, radio and television interviews calling for McBurney’s dismissal.
The Fair Work Ombudsman’s barrister, Marc Felman, rejected that characterization, saying there could be no question that this was a media campaign and that the breaches were very serious. Social media posts and interviews over a two-week period included statements that the CFMEU would disrupt AFL building projects and a mock poster describing McBurney as “(Not) Wanted Dead or Alive.”
The CFMEU’s barrister, Andrew White, asked for the penalty to be moderated, arguing the union’s new administration no longer treats breaking the law as the cost of doing business. Justice John Snaden will set the penalties for Setka and the CFMEU at a later date.
