Episode 243 - CFMEU - John Setka

John Setka (born September 1964) is an Australian trade unionist.

He is secretary of the Victorian-Tasmanian division of the Construction, Forestry, Maritime, and Energy Union which also administers the South Australian division under a temporary arrangement.

He is a controversial figure in the Australian trade union movement. He is known for his strong support at a grassroots level, especially among the rank and file of the CFMMEU. His supporters regard him as a strong advocate against political, legal, and industrial opponents; the national secretary of the union, Christy Cain has called him one of the "most fair dinkum union people in this country".

On the other hand, Setka's political opponents have derided him as a bully, and criticized his purported stance that it can be necessary to break the law to pursue union interests. He has also faced strong criticism for alleged public remarks on the topic of domestic violence, and a guilty plea for harassing his ex-wife via text, issues that contributed to his formal expulsion from the Australian Labor Party in 2019.

In recent years Setka's personal life has been the subject of considerable media attention. His marital breakdown, and associated legal issues, have led to additional public criticism.

John Setka was born to a Croatian family. His father was a labourer named Bob Setka, who survived the West Gate Bridge collapsein 1970, one of the worst industrial accidents caused by employer negligence in Victoria's history.

Setka began working as a labourer at the age of 19. He began involvement with trade unionism first after joining the Builders Labourers Federation. He was mentored by state secretary John Cummins.

Under John's leadership, media commentators have noted the "pervasive power of the CFMEU over construction companies".

In 2012 he unsuccessfully attempted to sue the opposition leader Tony Abbott in defamation after Abbott called him a thug.

In 2015, Setka encouraged workers within the Rail, Tram and Bus Union to strike during the Australian Football League finals to "use finals fever to their advantage in their bitter industrial fight with Metro Trains and Yarra Trams". The decision was criticised by Victorian Labor minister Jacinta Allan due to the strike's impact on businesses.

Setka openly criticised the former prime minister Kevin Rudd in 2018. During a speech, he said: 'he's one of the worst fucking Labor PMs we've ever had ... (because) ... he kept the ABCC and coercive powers and he wants to talk about workers and the trade union movement.'

Setka is known for his public condemnation of the ABCC and its staff. In 2017 he publicly threatened to target the home addresses of building watchdog inspectors and lobby local footy clubs so their "kids will be ashamed of who their parents are". These comments were controversial. On the other hand, he is regarded by many in the union movement, especially in the industrial left faction; to be a robust and genuine union activist. He has in the past had strong support from Luke Hilakari, among other prominent leaders in the trade union movement.

In August 2022 a unanimous ballot at the South Australian branch of the CFMMEU brought about a co-operative administration arrangement between that branch, and the Victorian-Tasmanian division led by Setka.

In 2015 Setka was arrested and forced to appear in court to face blackmail charges. On the day of his court appearance, around 2,000 CFMEU members and other unionists gathered outside the Melbourne Magistrates' Court on 8 December to show their support. Three years later, the Victorian prosecution office dropped the charges, a decision that the Magistrate Charles Rozecwajg described in court as 'very sensible. Setka spoke outside of court saying that he had been the victim of a witch hunt.

He later sued a group of executives from the company Boral, successfully obtaining a settlement after alleging they conspired in the tort of malicious prosecution.

Expulsion from Labor

In June 2019 John attended a meeting of his union's national executive. It was reported by The Age that during that meeting, he made comments to the effect that the work of Rosie Batty had left men with fewer rights. Setka publicly denied that he made the comments.

Following the reporting of these comments, the Australian Labor Party leader Anthony Albanese proposed to expel Setka from the Labor Party.

John publicly objected to this attempt at expulsion and claimed that there was "dirty politics at work". He made an implicit claim that he was the victim of a witch hunt, driven by his "view of where the union should be in regard to the ALP, and some people probably don't share that view".

Reactions to John's behavior and his potential expulsion were mixed. The CFMEU Victoria branch (that he controlled) threatened to cut financial support to the ALP if he was expelled.  The NSW and WA branches also expressed their support. Numerous politicians, as well as the ACTU secretary Sally McManus called on John to step down.

Additional pressure upon John arose after the Senate crossbencher Jacqui Lambie threatened political blackmail, making a demand that he steps down or she would vote for a bill strongly opposed by the union movement. This threat was made during a lunch invitation at her Tasmanian house.

In the midst of these events, John pleaded guilty to using a carriage service to harass a person in the Melbourne magistrate's court. The victim was identified as his wife at the time, Emma Walters. Following this, more than a dozen individual unions, including the three biggest in the country, renewed their calls for Setka to step aside. Some factional allies of Setka, like the then head of the RTBU Luba Grigorovitch , maintained their support.

In July, John applied for an injunction at the Victorian Supreme Court to stop the expulsion decision. He argued at court that the ALP national executive didn't have the legal power to expel him, and that it was instead a matter for the Victorian State party branch. The court decided in August 2019 that the motion to expel Mr. Setka was 'outside the court's jurisdiction', and that it 'could not interfere with internal decisions of voluntary unincorporated associations'. In October he commenced an appeal of this decision, before withdrawing. After its withdrawal, the ALP immediately expelled him.