28-04-2025
Former head of Australia's most controversial trade union is accused of trying to get the AFL to SACK one of the league's top officials
The Fair Work Ombudsman has taken legal action against ex-CFMEU boss John Setka for allegedly trying to force the AFL to sack Head of Officiating Stephen McBurney.
Setka, the former Victorian secretary of the CFMEU and one of the most divisive figures in Australian union history who stepped down from his union leadership role in 2023, is accused of threatening to block or delay construction projects connected to the AFL unless McBurney was removed.
The threats were reportedly made through media statements and a post authorised on the CFMEU Vic-Tas Facebook page, warning, 'Good luck to the AFL with any plans to build any projects, as our members will not be building or supporting any projects that the AFL are involved in.'
At the centre of the case is Stephen McBurney, a former AFL umpire who officiated 401 games, including four grand finals.
After retiring, McBurney served as Australian Building and Construction Commissioner (ABCC) from 2018 to 2023, where he led over 50 legal actions against the CFMEU.
That history is now cited as the reason Setka allegedly targeted him following his return to the AFL in March 2024 as Head of Officiating.
John Setka is the former Victorian secretary of the CFMEU who stood down from his leadership role in 2023
The Fair Work Ombudsman has alleged that Setka tried to influence the AFL to remove Head of Officiating Stephen McBurney from his post
In his previous position as Australian Building and Construction Commissioner, McBurney launched over 50 legal actions against the CFMEU
Fair Work Ombudsman Anna Booth described the situation as a serious breach of workplace rights and industrial law.
'We are alleging that Mr Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official,' she said.
The FWO's case hinges on public remarks made between 31 May and 14 June 2024, including a statement in The Australian in which Setka reportedly said, 'They will regret the day they ever employed him.'
In a separate radio interview with 6PR, he allegedly stated, 'As far as we're concerned, we will pursue the ex-ABCC till the ends of the earth.'
The FWO alleges these comments and actions were attempts to coerce the AFL into firing McBurney, in violation of sections 340 and 355 of the Fair Work Act.
These sections make it unlawful to take adverse action or to coerce an employer to act against a person because they exercised a workplace right.
Booth said the case sends a strong message across all sectors.
McBurney is a former AFL umpire who officiated over 400 matches including four grand finals
Setka and McBurney clashed for many years before Setka allegedly tried to have him removed by the AFL
'Mr McBurney had a lawful workplace right to perform his role as ABCC Commissioner without fear of future targeting,' she said.
'Threatening or coercive behaviour has no place in Australia's industrial relations system.'
Setka's legal troubles are far from new. Over the years, he's developed a reputation as a fierce, combative union leader, earning praise from some for defending worker rights and scorn from others for his aggressive tactics.
In 2019, Setka was accused of making controversial comments about domestic violence campaigner Rosie Batty, sparking widespread outrage.
Though he denied the remarks, the incident led then-Labor leader Anthony Albanese to move to expel him from the party.
Despite the controversy, Setka remained defiant and held onto his role until stepping down in 2023.
McBurney, in contrast, has built a reputation for integrity and leadership in both sport and governance.
His tenure at the ABCC drew praise from industry groups and criticism from unions.
His return to the AFL was supported by the league and the AFL Umpires Association, with a focus on improving officiating and building talent across all levels of the game.
The AFL has stood by McBurney throughout the controversy, resisting any pressure to terminate his role.
League officials have not commented publicly on the legal action, but sources suggest there is strong backing for his continued leadership.
The penalties sought by the FWO include up to $18,780 per contravention for Setka and up to $93,900 per contravention for the CFMEU.
A directions hearing has been scheduled for May 9 in Melbourne's Federal Court.
