John Setka and his wife Emma Walters arrive at Melbourne Magistrates Court on Wednesday. Credit:Jason South
A Melbourne magistrate has demanded that building union leader John Setka take responsibility for his “nasty behaviour” after she fined him $1000 for harassing a woman.
The CFMMEU leader was convicted in the Melbourne Magistrates Court on Wednesday after pleading guilty to using a carriage service to harass the woman on three occasions in late 2018 and early 2019.
Mr Setka’s lawyer Marcus Dempsey told the court that the trade union leader had suffered significant punishment through the blanket media coverage of the case and that stress and anxiety caused by the publicity should be taken into account by the court.
But Magistrate Belinda Wallington told the lawyer that Mr Setka must show more contrition to the court.
“Now is the time to take responsibility for the events that have led him to court,” Ms Wallington said.
Describing the text messages Mr Setka sent to the woman as “unedifying” and “nasty”, Ms Wallington said she was especially worried about the misogynist language used in the texts.
“It’s the language, it’s the misogynistic language is what is causing concern,” Ms Wallington.
The alleged harassment of the woman, who cannot be named for legal reasons, included a stream of calls and messages including calling her 25 times in one night and sending her 45 text messages including calling her a “treacherous Aussie f---en c---”, a “f---en dog" to a “weak f---en piece of shit”.
Ms Wallington ordered Mr Setka to complete a men’s behaviour change program, to prove to the court that he had done the course and he must pay $1000 to Djirra, the Indigenous family violence group.
Mr Setka, who arrived at court with his wife Emma Walters, did not speak during the hour-long hearing.
John Setka Credit:Jason South
The union leader was convicted of using a carriage service to harass and of breaching a court order and also placed on a 12-month good behaviour bond.
Mr Setka had already indicated he would plead guilty prior to Wednesday morning’s hearing after several other charges against him were dropped.
Mr Setka's conviction is the latest chapter in a protracted dispute engulfing the Labor Party and the union movement.
Mr Setka has rejected calls by Australia's most senior union leader, Sally McManus, to resign from his senior role with the Construction, Forestry, Maritime, Mining and Energy Union, as she declared "no one is bigger than the union movement".
While thirteen unions have rallied behind Ms McManus, Mr Setka still has the unswerving support of his Victorian branch and the national construction division of the large, wealthy and powerful CFMMEU.
Mr Setka's refusal to step down as Victorian branch secretary has left Labor exposed to government accusations that it is tainted by its financial and factional ties to the union, a major donor to the party.
Earlier this month federal Opposition Leader Anthony Albanese announced he would move for Mr Setka’s expulsion when Labor’s national executive meets on July 5.
Mr Albanese, Ms McManus and Victorian Premier Daniel Andrews had all refused to comment on the charges faced by Mr Setka while the matters were before the courts.
However, all three condemned Mr Setka after The Age and The Sydney Morning Herald reported he had told a meeting of his union's national executive that the work of domestic violence campaigner Rosie Batty had led to men having fewer rights.
The Electrical Trades Union and the United Firefighters Union have also supported Mr Setka to remain in his job, saying his position was a matter for members to decide.
The electrical union has also threatened to withhold lucrative donations to the ALP.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636, or the Victims of Crime Helpline 1800 819 817.
Noel Towell is State Political Editor for The Age
Benjamin is a state political reporter
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