Posted: 2024-06-12 02:23:29

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Setka said his members would not strike but instead would operate on a work-to-rule system, meaning they worked only basic hours, which could lead to cost and time blowouts.

This masthead does not suggest McBurney engaged in any wrongdoing.

In a statement on Wednesday, the AFL supported McBurney.

“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.

“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 was contacted for comment on any other ongoing projects that could be disrupted by the CFMEU.

In 2019, McBurney said that while other unions performed work in the construction industry, they rarely got into legal trouble, while the CFMEU had 42 cases – at the time – before the Federal Court.

Setka also took aim at McBurney over umpires paying 50-metre penalties against players for questioning their decision, Setka not realising that McBurney did not write the rules.

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“He’s an anti-worker zealot,” Setka said. “And umpires already have a hard enough job as it is – right? I mean, they don’t always get it right, but they have got a hard job, and they’ve only got one set of eyes, and they sometimes will miss certain things.

“To have someone like that overseeing them – I mean, there’s already been people complaining about the interpretation of some of the rules.”

Setka’s comments were condemned by federal Opposition Leader Peter Dutton.

“The CFMEU is out of control,” Dutton said. “We’ve got a PM so weak he can’t stand up to a union bully boy, and I think the PM should condemn these actions.”

Lawyer Chris Gardner, a partner at Seyfarth Shaw, said projects could go ahead without the CFMEU.

“There is no rule of law that says the CFMEU has to be there; you don’t need a union to build a project” Gardner said. “But, in practice, it is very different because they have such control on site, and the legal means to deal with that are less than perfect.”

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