An independent investigator will review complaints against the vice-president of the Fair Work Commission, Michael Lawler.
Lawler, partner of former head of the Health Services Union Kathy Jackson, has taken nine months’ sick leave on full pay since June last year. The period overlaps with a civil lawsuit against Jackson, over claims she used hundreds of thousands of dollars of union funds for personal purposes.
The employment minister, Michaelia Cash, said “a number of complaints” had been raised against Lawler.
“It is essential that public confidence in the Fair Work Commission is maintained and as such I will be appointing a suitably qualified, independent person to review the complaints and related matters,” Cash said. “It is essential that this process be conducted by an impartial third party and that natural justice is afforded to all persons involved.”
Former employment minister Eric Abetz decided to launch the investigation before the ministerial reshuffle, Cash said.
The independent investigation will be run by an eminent Australian, possibly a former judge, and not the police. The terms of reference will be released later this week, but it is understood that the investigation will cover areas other than those addressed by the trade union royal commission.
Jackson was ordered by the federal court to repay $1.4m to the HSU – $1.33m in damages and nearly $68,000 in overpaid salary.
In June, Jackson declared bankruptcy, saying the civil claim against her could not proceed, as the case would subsequently need to be made against her estate and not her individually.
A home north of Wollongong owned by Jackson and Lawler was raided last week by New South Wales and federal police, as part of an operation investigating claims referred from the royal commission into trade union corruption.
Labor called on the former prime minister, Tony Abbott, to axe Lawler from his $435,000 a year job with the commission.
“As the government continues to ignore complains with respect to Mr Lawler’s conduct and duties as an officer of the commission, Labor will continue to examine available options, but once again calls on the prime minister to act,” the shadow employment minister, Brendan O’Connor, said in August.
“In what appears to be another example of poor judgment by the prime minister, Mr Lawler was appointed by Tony Abbott when he was minister for employment in 2002.”
Lawler can only be removed through a vote in parliament, and cannot be sacked by the Fair Work Commission president, Iain Ross.
