Former union boss John Setka is facing legal action over allegations he tried to coerce the AFL into sacking its chief umpire.
The Fair Work Ombudsman launched the Federal Court proceedings against Setka and the Construction, Forestry and Maritime Employees Union on Wednesday.
The ombudsman alleges Setka intended to coerce the AFL into dismissing its chief umpire Stephen McBurney.
Mr McBurney is the former head of the now-defunct industrial watchdog, the Australian Building and Construction Commission.
It is further alleged Setka took adverse action against Mr McBurney because he had exercised workplace rights, including initiating or participating in more than 50 court actions against the CFMEU while in his previous role.
The case centres around public statements Setka made in 2024, including allegations he threatened to disrupt or delay AFL building projects through the CFMEU if Mr McBurney was not sacked.
Setka also allegedly said the CFMEU would not co-operate with requests for overtime and weekend shifts on AFL jobs after the league confirmed Mr McBurney would stay in his position.
The ombudsman has accused Setka and the CFMEU of contravening sections of the Fair Work Act.
"We are alleging that Mr Setka, and through him the CFMEU, have engaged in deliberate unlawful conduct against a former senior public official," ombudsman Anna Booth said in a statement.
"No one is above the law. It is important that we make it clear to all involved in Australia's workplace relations system that this type of allegedly threatening and coercive behaviour will not be tolerated."
The Fair Work Ombudsman is seeking penalties of up to $18,780 against Setka and $93,900 against the CFMEU.
A Federal Court hearing date is yet to be set.
Setka resigned from his role as head of the Victorian CFMEU in July amid fresh allegations of misconduct.
Nine newspapers alleged in a 4000-word report that major Victorian and NSW construction projects had been infiltrated by underworld figures and bikies acting as CFMEU delegates.
Setka claimed the allegations were false but said he would stepped down as union boss to stop the barrage of stories.
