Lawyers for Construction Forestry Maritime Mining and Energy Union national secretary Michael O'Connor have gone to court to stop Mr Setka from "encouraging or advising" manufacturing members from resigning to join the construction arm.

"Evidence shows there's been 219 resignations received pursuant to activities of the construction branch," barrister Herman Borenstein QC said in the Federal Court in Melbourne on Wednesday.

"Steps were taken by the construction branch to have members of the manufacturing division resign their membership of that division and then join the construction branch," he said.

This was in breach of the national union's rules about the allocation of members, Mr Borenstein said.

Mr O'Connor also wants the members and their union dues to be returned to the manufacturing division.

The latest escalation within the powerful union comes after Mr Setka was forced out of the Labor Party in August last year.

He pleaded guilty to harassing his wife but controversially kept his union position.

In September, CFMMEU national and mining and energy division president Tony Maher received support for a motion condemning Mr Setka's "unprincipled actions" in stealing members from other divisions.

Mr Maher said at the time the union would not tolerate "breaches of rules and the principle of divisional autonomy".

The hearing in front of Justice David O'Callaghan continues.

Australian Associated Press