“But I think it is open and shut,” Mr Albanese said.
“We are an organisation that has the capacity to determine our own membership. As far as I’m concerned we’ll be doing that.”
Setka, 54, pleaded guilty on Wednesday to harassment and breaching a court order with his wife Emma Walters confirming she was the victim.
Mr Albanese said the magistrate had made strong statements about the union leader’s behaviour, which was described as nasty and having used misogynistic language.
The Labor leader said it was extraordinary to send more than 40 text messages and make dozens of phone calls.
“The nature of those messages clearly does constitute harassment, which is why he pleaded guilty,” he said.
“If you look at the statements that were put in the text messages and indeed some of the graphics as well that were done, were clearly designed to be behaviour that is just unacceptable from anyone in 2019.”
Mr Albanese said he wanted Setka expelled from the ALP for a series of issues, noting he had threatened to reveal the addresses of construction watchdog employees and used his children in a social media protest.
“I want him out due to a history of many years of bringing the party into disrepute,” he said.
But the Labor leader defended his party’s links to the CFMMEU despite the organisation being whacked with millions in fines and repeatedly accused of breaking the law.
“Do I support ongoing engagement with the construction union? Yes I do.”