Former construction boss arrested and charged over alleged threats to CFMEU officials

Former construction union boss John Setka made menacing posts on social media about a former CFMEU administrator, suggesting he take “anti-c— tablets”, police allege.

The 61-year-old was arrested on Friday morning and faced the Melbourne Magistrates’ Court later in the evening, where prosecutors applied to have Setka’s existing bail revoked.

During his subsequent application for bail, the court heard that on Monday, Setka had taken to Instagram to share nine images directed at senior figures of the CFMEU.

“Images posted depicted the following: an image of Murray Furlong, the general manager of the Federal Commission, two memes with a couple sitting at a park and the title saying ‘say goodbye to being a c—’, and a smaller medication image labelled ‘anti-c—’ tablets,” the investigating police officer told the court.

The court also heard two images of Mark Irving, the former administrator of the CFMEU, and an image of Matthew McGowan, the current assistant administrator and head of the Victorian branch, were posted by Setka. Further images depicted Elizabeth Lukin, a consultant within the construction industry, and McGowan’s wife, as well as other union figures.

Setka was on Friday morning charged with using a telecommunications device to menace, using a telecommunications device to offend and two charges of committing an indictable offence while on bail.

The former union boss was first arrested in November and charged with seven counts of using a carriage service to menace, harass and offend the union’s government-appointed administrator, Mark Irving, KC.

He was charged a second time, in February, over allegations he issued a threat on Christmas Day to an official from the Albanese government-backed administration that took control of the CFMEU in 2024.

The court on Friday heard about the alleged offending that prompted Setka’s first arrest in November last year, with emails sent from his account allegedly telling the administrator that he would “come to the CFMEU office whenever he pleases”.

“[Setka] told the administrator to go f— their mothers with Nick McKenzie,” the investigating officer said, referring to The Age’s senior investigative reporter.

“The accused signed off the email saying that if the administrator leaks any more information that he will fix it himself.”

The court heard that following his arrest on Friday morning, Setka “made admissions to posting on social media, and made admissions that it came from his account”.

“When the accused was asked about if the social media posts would offend the recipients, he said if that hurts their feelings, he ‘wouldn’t give two f—s and that’s their problem’.”

The court heard Setka would pose an unacceptable risk of endangering the safety and welfare of other people, and will “continue to make social media posts”.

“We’re not just talking about that isolated post. We’re looking at a pattern of behaviour from the accused,” he said.

Defence lawyer Lee Ristivojevic, for Setka, told the court the prosecution’s case was “weak”.

“It’s submitted that the nature of the allegations, of the charges, that if he was to be found guilty, he’s not likely to receive a term of imprisonment for the offences,” she said. “We say that it is not a serious example of the offence.”

Ristivojevic said Setka had “what I’d described as a positive bail history in terms of court orders”, and that it was “not suggested he’s breached any conditions of bail”. She further submitted that a compelling reason to release Setka on bail was that he provides essential care for his elderly mother.

Magistrate Nicole Spicer ultimately granted Setka’s bail application, noting that none of the alleged victims had sought personal safety intervention orders.

“I do consider that the risk can be brought to an acceptable level by the imposition of conditions targeted to make clear that the particular behaviour that you have allegedly engaged in in making social media commentary of a personal and allegedly harassing nature simply cannot occur whilst you are subject to the grant of bail,” Spicer said.

She imposed bail conditions that Setka “not threaten or harass any employee or representative of the CFMEU administrator, or any person named in criminal charges” against him. She further ordered him not to “make posts or comments on any social media platform which are threatening, intimidating or use obscene language directed towards or about such individuals”.

Police established Operation Hawk in mid-2024, in response to this masthead’s Building Bad series, which exposed criminal behaviour and corruption in the CFMEU.

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