The Guardian Australia

Why is a constructi­on union leader demanding the AFL sack its top umpire?

- Nino Bucci

The Victorian union leader John Setka has demanded the AFL sack the head of its umpiring department, threatenin­g shutdowns on league-linked building sites unless it complies.

Setka, the state secretary of the Constructi­on, Forestry, Mining and Energy Union, made the threats earlier this week in relation to Stephen McBurney, a former AFL umpire who was appointed head of officiatin­g in March.

McBurney is also a former commission­er of the Australian Building and Constructi­on Commission (ABCC), a body repeatedly criticised by Setka, which was formally abolished by the Albanese government in 2023.

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Why is Setka campaignin­g against McBurney?

Setka’s beef with McBurney is not new.

His union has long criticised the ABCC, which pursued dozens of cases against it before it was abolished. From February 2018, the ABCC was headed by McBurney.

In 2018, Setka tweeted a photo of his children holding up a sign reading “go get fu#ked” with the comment “to McBurney & ABCC … GO CATCH REAL CRIMINALS YOU COWARDS!!”

He later deleted the tweet.

In May 2018, he wrote in a union blog post: “Malcolm Turnbull has a new top dog for his attack dog, the anti-worker ABCC. Stephen McBurney … was an assistant commission­er of the ABCC under John Howard at a time when constructi­on worker deaths peaked – 48 killed in 2006 and 51 in 2007.”

The following year, McBurney said he was “very concerned” about reports that cocaine had been sold by thenCFMMEU organisers out of a union vehicle, and signalled a crackdown on building entry permits.

What has Setka threatened?

According to multiple media reports, Setka has threatened union “work to rule” campaigns or shutdowns on multiple sites linked to the AFL, including a proposed new stadium in Hobart and a training base for the Adelaide Crows.

Setka says the AFL must immediatel­y sack McBurney, whom he described to The Australian as an “antiunion, anti-worker fucker”, or “this is going to cost the AFL a lot of fucking money”.

How has the AFL responded?

The AFL is backing McBurney, an experience­d lawyer and umpire.

“All projects the AFL contribute­s to are designed to provide better training venues for AFL and AFLW players, gender-friendly facilities and change rooms at community football clubs, and to create a more welcoming footy environmen­t for families who make up many of the 1.2 million club members and the many more millions of fans who attend games, so we are hopeful any intended action does not impact players, supporters or the wider community who benefit from upgrades to local clubrooms and our stadiums,” the AFL said in a statement.

“Steve McBurney umpired 401 games, including four AFL grand finals, he has been a long-time mentor to umpires at every level and has done an outstandin­g job since returning to the AFL to take up the role of head of officiatin­g.”

The AFL umpires associatio­n also backed McBurney, saying:

“Given the recent appalling and threatenin­g commentary from the Victorian Secretary of the CFMEU, John Setka, the AFLUA wishes to again declare its support for Stephen McBurney’s appointmen­t to the AFL’s Head of Officiatin­g role.

“In the AFLUA’s dealings and negotiatio­ns with the AFL, any difference­s of opinion are managed in a positive, respectful, and civil manner. With Steve as Head of Officiatin­g, we have every confidence this relationsh­ip will continue for the betterment of umpiring.”

What could happen next?

The Albanese government and Victorian government have been criticised for not coming down harder on Setka.

Setka was unrepentan­t on Wednesday when asked about the AFL’s statement, so it appears neither party is

likely to back down.

Perhaps the feud will not outlive Setka, who announced earlier this year that he would not renominate for his role in an election to be held later this year.

 ?? Composite: Photo by Michael Dodge/Getty Images/AAP Image/Daniel Pockett ?? John Setka (right) and the CFMEU have long criticised the ABCC, which was led by Stephen McBurney (left) from February 2018 until its abolition by the Albanese government.
Composite: Photo by Michael Dodge/Getty Images/AAP Image/Daniel Pockett John Setka (right) and the CFMEU have long criticised the ABCC, which was led by Stephen McBurney (left) from February 2018 until its abolition by the Albanese government.

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