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The Guardian - AU
The Guardian - AU
National
Adeshola Ore and AAP

John Setka’s appearances at Victorian project sites referred to police, Jacinta Allan says

John Setka at a CFMEU rally in 2021.
John Setka at a CFMEU rally in 2021. The former boss of the construction union addressed a crowd at the Footscray hospital project on Wednesday and attended a Metro Tunnel site on Thursday. Photograph: James Ross/AAP

Jacinta Allan says the appearance of former Victorian construction union leader John Setka at two taxpayer-funded projects in Melbourne has been referred to police.

The premier on Thursday confirmed Setka had spoken to workers at a Metro Tunnel project site earlier that morning. It came less than 24 hours after he appeared at another government project – the Footscray hospital redevelopment.

Allan said Kevin Devlin, the director-general of the Victorian Infrastructure Delivery Authority, had referred the incidents to police and alleged the appearances were “unlawful”.

She said Devlin had also communicated with Big Build contractors to reinforce the government’s expectations about following processes regarding attendance on work sites.

“It is not acceptable in terms of John Setka’s attendance on these work sites,” she said.

“My message to John Setka is there is no place for him on Victorian government Big Build work sites.”

Allan also said the government was open to strengthening work site attendance rules.

A Victoria police spokesperson said it had received a verbal briefing from the police minister’s office about a “pending referral” regarding a former union official.

“Victoria police will assess the matter once details are provided,” the spokesperson said.

Setka, the former Victorian construction secretary, delivered a speech on Wednesday to workers at the $1.5bn Footscray hospital project.

The Fair Work Ombudsman on Thursday confirmed it was investigating allegations former CFMEU officials have attended construction sites.

“The Fair Work Ombudsman encourages anyone with information relating to these alleged site visits to provide this,” a spokesperson said.

Wednesday’s speech, in which Setka attacked the Albanese government and the Australian Council of Trade Unions, came after he resigned from the union in July before Nine newspapers published allegations of criminal links within the union.

“People sort of asked why I resigned and I’m going to be honest with youse, fucking Albo, and his fucking bullshit,” he told workers at the site in Melbourne’s west.

The Victorian government has asked construction company Multiplex, which is managing the project, about how the on-site rally unfolded.

“We have asked the lead contractor for an explanation and sought assurances this does not happen again,” a government spokesperson said.

A high court challenge has been launched after the CFMEU was placed into administration.

The CFMEU’s national secretary, Zach Smith, has previously said the bill to appoint administrators was a “sad indictment” on the government and called the Labor-Coalition deal “as shameful as it is unnecessary”.

He said the allegations were “very concerning” and had been taken seriously by the union, pointing to an independent investigation and a governance review.

“These allegations remain exactly that – allegations – completely untested in the legal system” he said.

The Maritime Union of Australia will join other trade unions to help fund the CFMEU’s legal battle, claiming the government’s decision was “unjustified, chaotic and reckless”.

Putting the construction union into administration had short and long-term consequences, the maritime workers’ group warned.

Mark Irving was appointed as administrator and more than 200 elected CFMEU officers had their roles terminated immediately.

The administration period could last up to five years.

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