Fair Work Ombudsman
Citation: FWO-2025-02-19-setka-litigation-media-release
At a glance
- Penalty
- $18,780
What happened
The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and its former Victorian Secretary, John Setka. The legal action alleges Mr Setka attempted to coerce the Australian Football League (AFL) into dismissing Stephen McBurney, the AFL’s Head of Officiating. It's claimed Mr Setka made public statements and published social media posts threatening disruption to AFL building projects if Mr McBurney was not dismissed. The actions allegedly occurred between May and June 2024.
What was decided
The Fair Work Ombudsman is seeking penalties against John Setka and the CFMEU for alleged breaches of the Fair Work Act. The allegations relate to attempts to coerce the AFL and adverse action against Stephen McBurney. The Ombudsman stated that the legal action reflects the seriousness of the alleged conduct and aims to deter unlawful behaviour. Penalties are sought under sections 340 and 355 of the Fair Work Act.
What it means for employers
Employers should ensure their officials and representatives understand their obligations under the Fair Work Act, particularly regarding coercion and adverse action. The case highlights the importance of maintaining workplace neutrality and respecting the rights of individuals to perform their duties without fear of intimidation or reprisal.
What it means for employees
Employees have the right to exercise workplace rights without fear of retaliation. This case demonstrates that attempts to coerce employers or take adverse action against employees who exercise those rights are unlawful and will be investigated.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/february-2025/20250219-setka-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →