Opposition Leader Anthony Albanese remains determined to boot John Setka from the Labor Party, after the union boss lost a Supreme Court challenge against his expulsion.
"We welcome the decision. We are waiting to read the full judgment," a spokesperson for Mr Albanese told AAP on Tuesday.
"We remain resolute Mr Setka will be expelled from the Labor Party for bringing it into disrepute."
The construction boss failed to convince the Victorian Supreme Court it can stop Labor from expelling him.
Justice Peter Riordan ruled it was not within the court's jurisdiction to make a decision.
"The court does not interfere with internal decisions of voluntary unincorporated associations unless it is protecting or enforcing a contractual or other right recognised in law or equity," Justice Riordan ruled.
"The plaintiff has not established any such underlying right."
The CFMMEU official is now likely to escalate his legal battle to the High Court, setting up a protracted and costly dispute.
"Mr Setka's membership has already been suspended for some time," Mr Albanese's spokesperson said.
"The national executive will consider next steps after considering the full judgment."
The Labor leader vowed to expel Mr Setka in June after he was accused of making disparaging remarks about anti-domestic violence campaigner Rosie Batty.
