CFMEU officials continue blackmail fight

Two Victorian construction union officials are not backing down in their long-running fight against blackmail charges, and might even turn to the High Court.

CFMEU state secretary John Setka and assistant secretary Shaun Reardon are accused of blackmailing Boral executives Paul Dalton and Peter Head at a meeting in Melbourne in April 2013.

After a failed Supreme Court bid to overturn the charges on August 14, lawyers for the pair faced Melbourne Magistrates' Court on Wednesday.

Setka and Reardon's counsel indicated they will keep fighting, and might take the case to the High Court.

Setka and Reardon, who are on bail, were charged in December 2015 after the Royal Commission into Trade Union Governance and Corruption.

It's alleged the pair urged CFMEU members to stop using Boral products after the concrete supplier failed to meet union demands during an industrial dispute.

Setka and Reardon argue the alleged offences were not criminal acts, but permissible in the context of an industrial dispute.

A Boral executive told the 2014 inquiry the CFMEU was blackmailing them in a bid to control Melbourne's construction sites.

The pair is due to face a special mention on December 5 ahead of a 13-day committal hearing on May 7 to determine if they should stand trial.