Mr Curnow has told CFMMEU officials he was authorised to do the investigation after a June 17 resolution of Mr Setka’s Victorian construction branch.
That resolution had condemned the “cowardly” leaks and said it would target the union’s staff and even its own lawyers,Gordon Legal.
Mr Setka has an ongoing relationship with Mr Curnow and his firm,which has done previous security work for his union branch,sources said.
One senior union official said Setka had engaged in “massive overreach” and had no legal right to launch an investigation into other “autonomous” parts of the national CFMMEU,which includes its mining,maritime and forestry divisions.
“John appears to have very little knowledge of his own union’s rules,” the official said.
Mr Setka has support from most of his own national construction division but much of the rest of the union have failed to offer him any public support.
Loading
He has fallen out badly with national secretary Michael O'Connor,union sources said.
Mr Setka and Mr O'Connor did not respond to a request for comment.
Mr Curnow,when contacted,declined to comment on the investigation. “I’m not prepared to discuss it at this stage,” he said.
Mr Setka's comments about Ms Batty ignited a political and media storm,with moves from Labor leader Anthony Albanese to expel Mr Setka from the Labor Party - moves which are yet to be resolved due to a court challenge.
Police analysis of Mr Setka's phone activity revealed on a single evening last October he called the woman 25 times and sent her 45 text messages.
In the messages he called her a"weak f---en piece of shit"and a"treacherous Aussie f---en c---"and a"f---en dog".
In late June,Mr Setka was convicted and fined as magistrate Belinda Wallington condemned his"nasty behaviour"and lack of contrition.
After the hearing,Mr Setka admitted he had"screwed up"and said he wanted to change.
Mr Setka has resisted calls since June for him to resign from his union position from ACTU secretary Sally McManus and 13 national unions.
The CFMMEU is democratically constituted and Mr Setka's removal would require moves to expel him from other leaders or members.
Do you know more? Send us a confidential and encrypted message onJournotips