In a statement, police said they would not act on five of the eight allegations against the union deemed to be within their scope after complainants were unwilling to provide statements or because no criminal offences could be identified.
A further 12 accusations have been referred to other agencies, including the Fair Work Commission and the Australian Federal Police.
It comes after new revelations aired by 60 Minutes and Nine newspapers found that more than 20 members of the CFMEU have been stood down following allegations the union had been infiltrated by criminal figures.
Victoria Police also confirmed an ongoing investigation into alleged fraud within the building industry was underway before the recent media reports.
“This is a complex investigation that is still being assessed by external lawyers and will take some time to complete,” police said.
“Charges are currently being considered.”
Construction workers strike across Sydney, Melbourne and Brisbane
“Police has completed its assessment regarding a former union official entering government worksites and no offence has been detected,” police said.
“For there to be a trespass offence, a person must be asked to leave by someone in charge of the site or who has authority at the site.
“The person then has to refuse to leave within a reasonable time.”
Police said there was no evidence that a trespass offence was committed.
Transport Infrastructure Minister Danny Pearson told reporters today that any unauthorised access to a Big Build site should be reported to the police.
“John Setka is not an elected official of the CFMEU, his access to these sites are in an unlawful manner because he’s not an authorised person to be there.
“He’s just like any other member of the public. He has no right to be on these sites.
“If you don’t have a lawful purpose to be on a Big Build site the police will be called.”