Discussion regarding the timeframe and requirements for John Setka to potentially return to a senior official role within the CFMEU under current rules and administration.
Speakers: Sarah Godden, Senator Maria Kovacic, Senator Marielle Smith, Unknown Speaker
Workplace relationsIntegritySarah GoddenSenator Maria KovacicSenator Marielle SmithUnknown SpeakerSenate Education and Employment Legislation CommitteeSupplementary Budget Estimates 2026–27Senate Education and Employment Legislation Committee, 28 Oct 202614695
Transcript
Senator Maria Kovacic
Thank you.I'll I'll finish up on on this one and I'll put the balance on notice.Um Mr Crosby also told 730 that after a five-year expulsion and three years membership,um, which would be the the um the membership criteria, um, it's really eight years before Mr.Setka could hold office again in the CFMEU.Um so under the current rules, he could return to office as a senior official in the CFM EU in the 2030s.Is that also the department's understanding?Is that correct?
Sarah Godden
Uh certainly the five-year period um being the maximum is my understanding.I can't recall the provision of the CFMEU rules, um, but I have no reason to doubt Mr.Crosby's um understanding of them.Um but I would repeat my previous evidence that the CFMU is is actively looking at its rules.So what its rules would be when it uh emerges from administration,I I think you couldn't assume that they would necessarily be the same as they are.
Senator Maria Kovacic
He would be able to return as a senior official in the CFM EU in the early 2030s.
Sarah Godden
I think he would also require a fit and proper person certificate, Senator, because my understanding is that while he left his position voluntarily,it was between that period of 1 July and 23 August.Um it may be that the Fair Work Commission could confirm or we could confirm with the administration, but I understand that he is a removed person.
Senator Maria Kovacic
So he would still require a fit and per fit and proper person.
Sarah Godden
Yes, Senator to be serving in five years.To become a candidate for or to be appointed to an office in a registered organisation.That's my understanding.
Senator Maria Kovacic
If you could confirm for me on notice, I would appreciate that.Thank you.