Former CFMEU Secretary John Setka has been referred to the police after making unauthorized visits to construction sites. Setka, who was expelled from the Labor Party in 2019 and resigned from his union office in July, had no standing as a union official and thus no right to intrude on worksites or address union members without a right of entry permit. Despite this, Setka gave a speech full of expletives at a rally at Footscray Hospital on September 3 and accessed the taxpayer-funded Metro Tunnel project the following morning. The state government has asked building company Multiplex to explain how Setka gained access to the hospital project, as the company claims it did not authorize his appearance and is investigating the matter.
During his speech, Setka criticized the Albanese government and the Australian Council of Trade Unions (ACTU). This comes as state and federal governments, as well as trade union leadership, are working to reform the CFMEU due to allegations of intimidation, corruption, and criminal links. Setka claimed that Labor had reneged on a deal to avoid placing the union into administration, a claim that the federal government has denied. In response to these allegations, the federal government recently placed the union’s construction arm into administration, removed 270 union officers from volunteer positions, and terminated 11 more from staff roles.
Victorian Premier Jacinta Allan has stated that Setka’s presence on the construction sites was unlawful and has referred the matter to the police for investigation. She also reminded “Big Build” contractors of the government’s expectations. The “Big Builds” refer to major road and rail projects across Victoria. Allan emphasized that there is no place for Setka on these worksites and that proper processes must be followed to manage who attends the sites.
The Fair Work Ombudsman is also conducting an investigation to determine if there were any breaches of the Fair Work Act, which includes strict rules regarding site access. A spokesperson for the CFMEU administrators clarified that Setka had resigned and no longer represents the union.
