On 28 March, the Melbourne Magistrates Court set down a 13-day committal hearing on blackmail charges against Victorian CFMEU Secretary John Setka and Assistant Secretary Shaun Reardon to start on 7 May 2018.
This follows the rejection of an appeal by Mr Setka and Mr Reardon to the Victorian Court of Appeal to prevent the committal proceeding in relation to the alleged secondary boycott of Boral. It is understood that it is likely that the two will seek leave to appeal the decision to the High Court.
In February this year, the Federal Court ordered the CFMEU to pay a record $1 million in penalties for secondary boycotts against Boral in 2014. The alleged conduct stemmed from Boral continuing to supply Grocon during in the Myer Emporium blockade in 2012. This penalty, resulting from ACCC action, is in addition to the separate 2015 settlement between the Victorian CFMEU and Boral where the union agreed to pay Boral up to $9 million in damages and costs.