A court case involving union boss John Setka has been dismissed.

Construction Forestry Maritime Mining and Energy Union (CFMMEU) boss Michael O’Connor had accused Mr Setka of paoching glaziers, cabinet makers and floor layers from the manufacturing wing of the union to join the construction arm.

Mr O’Connor argued in the Federal Court in Melbourne that Mr Setka and 29 other officials breached the union rules by taking members.

There have been 219 resignations from Mr O’Connor’s manufacturing branch since August 2019, with many moving to Mr Setka’s construction branch, the court was told.

However, the case has now been dismissed, with Justice David O’Callaghan finding the rules had not been breached.

The judge found that the manufacturing division’s interpretation of rules governing union amalgamation, division restructure and membership transfer was “improbable”.

“In my view … the construction of the National Rules contended for by the respondents is to be preferred,” Justice O’Callaghan decided.

Mr Setka said the decision shows that the workers belong in his division.

“It is a shame that this matter had to be resolved in court. Matters such as these should be resolved within the union having regard to the wishes of members,” Mr Setka said in a statement.

“It’s not about politics, it’s about representing our members and fighting for a safe industry,” he added.

This latest union legal drama comes after Mr Setka was forced out of the Labor Party 2019 over comments he made about family violence campaigner Rosie Batty.

He has also pleaded guilty to harassing his wife, but maintains his union position.