The Victorian government is investigating how former CFMEU heavyweight John Setka managed to hold an expletive laden rally at one of the state's largest construction sites.
Mr Setka, who once led the CFMEU's Victorian branch, resigned in July following the emergence of serious allegations of corruption and ties to organised crime within the controversial union.
In an explosive interview last month, the disgraced official claimed he had offered his resignation as part of a quid pro quo with the Albanese government, an assertion which was quickly dismissed by Workplace Relations Minister Murray Watt.
Despite the union having been placed into administration, members have continued to rail against the government at major rallies and online, with the CFMEU also considering legal action.
On Wednesday, Mr Setka took matters into his own hands, speaking to a crowd of workers at $1.5 billion Footscray Hospital in what state and federal Labor described as an act of defiance against efforts to clean up the CFMEU.
In an expletive laden tirade, the former union official referenced his resignation as he laid into Senator Watt and Prime Minister Anthony Albanese over what he described as a "dangerous" crackdown on workers rights.
"My job is to protect the union and its members. I'm going to be gone in a few months. They want a scalp, f**ing I'll give them a scalp, I don't give a sht," he can be heard telling the crowd in footage posted to social media.
"You know, people sort of asked why I resigned and I'm going to be honest with youse (sic), fing Albo, and his fing bullshit."
"Multiplex was not aware of and did not authorise any appearance by John Setka on the new Footscray Hospital site," a spokesperson for the construction giant said.
"We are investigating how he gained access."
The Footscray Hospital build had been union-run while Mr Setka was still in charge of the CFMEU in Victoria, with the controversial union having say over which subcontractors and suppliers could be involved in the project.
Despite the federal government's move to place the union's construction arm into administration, many union organisers have remained on sites across the country.
The Victorian Premier Jacinta Allan was caught off guard by the rally, telling a press conference: "I'm not going to give comment in the running on an incident I've not been briefed on."
A spokesperson for the administrators told the Herald Sun Mr Setka "does not represent the union," but made no further comment on his appearance.
However, she went on to defend the role of unions and the actions taken by state and federal governments to clean up the CFMEU.
"I'm not going to presume if those workers that I met this morning are members of a union, but if they are, they deserve the strongest and best union representation," she said.
"That is why we've taken the action we have at a state level, working again in support with the federal Labor government in terms of stamping out the rotten culture that has been exposed."
The Victorian government is investigating Mr Setka's appearance, but has not offered any insight into how long the probe would take or what outcomes could follow.
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.
Premier Jacinta Allan confirmed Setka had accessed the taxpayer-funded Metro Tunnel project on Thursday morning.
He had already given an expletive-laden address to a rally at Footscray Hospital on Wednesday.
Allan said on Thursday she had been told his presence on the sites was unlawful and the director-general of the Transport Department, Kevin Devlin, had referred the matter to police for investigation. She said Devlin had also reminded Big Build contractors of the government’s expectations.
“There is no place on Victorian Big Build worksites for John Setka,” Allan said.
“He was stood down from the union as he should have, and there is no place for him on our worksites.
“In terms of who attends worksites, there are well-established processes here, and it is the government’s expectation that those building industry companies manage this process appropriately, which is clearly not what happened in these incidents over the last 24 hours.”
Setka visited the State Library station for the Metro Tunnel project on Thursday, a union source unable to speak publicly said.
A Victoria Police spokeswoman said the force was yet to receive a formal referral but would assess the matter once details were provided.
“Victoria Police has received a verbal briefing from the police minister’s office about a pending referral regarding a former union official,” she said.
The Department of Transport has been contacted for comment.
Setka used his appearance at the $1.5 billion Footscray Hospital project to launch a tirade against the Albanese government and the Australian Council of Trade Unions, in a clear challenge to efforts from state and federal governments, as well as the trade union leadership, to reform the CFMEU following allegations of intimidation and corruption.
Opposition Leader John Pesutto said Setka’s appearance at the Metro Tunnel worksite on Thursday showed that the premier wasn’t capable of managing the state’s taxpayer-funded projects.
“He has no reason to be there. He had to resign from the CFMEU in disgrace, with the CFMEU facing very serious allegations of misconduct,” he said. “John Setka is making a mockery of the Allan Labor government, and he is laughing at Premier Allan, who seems powerless and unwilling to do anything about this.”
Wednesday’s rally prompted a please-explain from the state government to building giant Multiplex about how the disgraced former CFMEU boss was allowed access to the site.
The Fair Work Ombudsman is also investigating whether there were any breaches of the Fair Work Act, which contains strict rules over site access.
Setka resigned before the publication of a months-long investigation by The Age, Sydney Morning Herald, Australian Financial Review and 60 Minutes into unethical and illegal behaviour on Big Build sites earlier this year.
