Former Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Victorian boss John Setka has been arrested for the second time in several months, facing fresh criminal charges over an allegedly harassing message sent to a union administration official on Christmas Day last year, according to 9News.
Setka, 61, was taken into custody at his home and charged with using a carriage service to harass and with committing an indictable offence whilst on bail. Investigators allege the message was directed at a CFMEU administration staff member and was sent on 25 December 2025.
The latest charges build on an accumulating series of allegations. Setka was first charged on 12 November 2025 with seven counts of using a telecommunications device to menace, harass and offend. A further two counts of using a telecommunications device to offend were added on 5 December 2025. He has been bailed to appear at Melbourne Magistrates' Court on 3 June 2026.
Speaking to The Age in response to the latest allegations, Setka denied sending a harassing Christmas Day message. "People should just toughen up and drink a bit of concrete and harden up a bit... it is the building industry," he said. Setka has consistently denied all allegations of misconduct throughout the investigation.
The charges arrive against a backdrop of serious institutional disruption at the CFMEU. Setka resigned from his leadership role in July 2024 following a joint investigation by 60 Minutes and The Age that aired explosive allegations of criminal conduct and links between the union and bikie and organised crime figures. One month after his departure, the federal government placed the CFMEU into administration, a decision that drew both strong support and fierce criticism.
Barrister Mark Irving KC was appointed administrator to oversee the union's financial, legal and business affairs. The CFMEU could remain under administration for up to five years, a significant intervention in one of Australia's most powerful building industry unions.
The federal government's decision to place the union in administration reflected a broader concern about accountability within large industrial organisations, a concern that resonates across the political spectrum even if the specific remedy remains contested. Critics of the intervention, including some within the labour movement, argued that administration risked undermining the legitimate collective bargaining rights of tens of thousands of workers who had nothing to do with alleged criminal conduct at the leadership level. That is not a trivial point. Punishing rank-and-file members for the alleged behaviour of officials raises genuine questions about proportionality and institutional fairness.
At the same time, if the allegations against Setka and others are ultimately proven in court, they would point to a failure of governance that demanded a firm institutional response. The rule of law requires that no organisation, regardless of its industrial clout or political alliances, operates beyond scrutiny.
Setka has not been convicted of any offence. The charges against him are allegations, and he is entitled to the full presumption of innocence as his matters proceed through the courts. The coming months of hearings will test the prosecution's case in the normal course of legal process.
What the broader saga does reveal is the difficulty of balancing institutional accountability with the rights of individuals and the members those institutions serve. The CFMEU case is not simply about one man's alleged conduct; it raises questions about how governments, courts, and regulatory bodies respond when powerful organisations are suspected of systemic wrongdoing. Those questions do not resolve easily, and the final answers will likely emerge only once the legal proceedings have run their course.
Anyone with information relevant to the investigation is urged to contact Crime Stoppers Victoria on 1800 333 000 or to submit a confidential report online. The investigation remains ongoing.