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Gregor v Setka


Applicant:
ABCC Regional Director Murray Gregor 
Respondent(s):
John Setka 
Date filed:
26 June 2009 
Status:

 
Outcome:

On 20 December 2010 the Federal Magistrates’ Court at Melbourne penalised CFMEU Assistant Secretary, John Setka, $6,000 for contravention of section 767 of the WR Act (acting in an improper manner).  On 28 July 2011, the penalty was reduced to $3,000 on appeal.
Background:

Bovis Lend Lease is the head contractor of a construction project for ANZ, located at North Wharf Road, Docklands, Victoria.

On 6 March 2008, CFMEU Assistant Secretary Mr John Setka entered the Docklands site. Mr Setka allegedly entered the site under the Occupational Health and Safety Act 2004 (Vic) as prescribed by s.756(1) of the Workplace Relations Act 1996.

While at the site Mr Setka made a serious threat to the personal safety of Bovis Lend Lease’s construction manager and general foreman.

The ABCC alleges that Mr Setka acted in an improper manner while exercising his rights as a permit holder, in contravention of s.767(1) of the WR Act.