Controversial construction union secretary John Setka's dispute with the Labor Party has escalated, with the outspoken figure filing an injunction against Labor leader Anthony Albanese's move to expel him.

Key points: Mr Setka is arguing it would damage his ability to represent the CFMEU if he was kicked out of the Labor Party

Mr Setka is arguing it would damage his ability to represent the CFMEU if he was kicked out of the Labor Party The national executive will meet via teleconference on July 15 to decide the union heavyweight's fate

The national executive will meet via teleconference on July 15 to decide the union heavyweight's fate Mr Setka's leadership of the Victorian branch of the CFMEU is under pressure

His legal action, filed in the Victorian Supreme Court, argues the Labor Party does not have the power to expel him because the matter should have been dealt with by the Disputes Tribunal within the Victorian branch of the party.

Mr Setka is arguing he should be treated as any other party member, and said the courts should declare that Labor must deal with him in accordance with its party rules.

He said Mr Albanese's public statement, confirming he would be expelled, denied him due process and justice.

In an affidavit, Mr Setka said expulsion would damage his reputation and could lose him his job as secretary of the Construction, Forestry, Maritime, Mining and Energy Union's (CFMEU) Victorian construction division.

"I will have a diminished industrial and political voice because I will not be inside the party," the affidavit read.

"There is a chance the membership will consider it more appropriate for a secretary to be a member of the ALP and able to attend conferences as a union delegate.

"Losing the position of secretary would have a devastating impact on me, as I have dedicated my life to the union movement.

"It would also affect me financially, because being the secretary is my sole source of income.

"Losing that source of income would then affect my family, who depend on my financially."

Last month Mr Setka was ordered to attend a behavioural change program and placed under a good behaviour order after pleading guilty to harassing his wife, Emma Walters, via text messages.

He also pleaded guilty to breaching a court order.

Earlier in June Mr Albanese moved to expel Mr Setka from Labor after reports that the union boss had denigrated anti-violence campaigner Rosie Batty — accusations he has denied.

The revelations in court have also fuelled moves in Labor to expel him.

The Australian Council of Trade Unions and several unions have backed calls for Mr Setka to stand down as secretary of the powerful CFMEU.

He has rejected this move and has been backed by other industrial unions, including the Electrical Trade Union.

Labor's national executive meets on Friday in Canberra.

Mr Setka was last week granted a 10-day extension to fight the expulsion push.

Mr Albanese was asked on Thursday afternoon if more time would be given to Mr Setka to fight his expulsion.

"He won't be advocating as a member of the Labor party after July 15th,'' Mr Albanese said.

"If Mr Setka was a rugby league player, he would have been kicked out of his club over the revelations that have been made, he will be kicked out of the Australian Labor Party," the Opposition Leader said earlier this week.