Scantily clad figurines spark Labor attack on Fair Work deputy Gerard Boyce

The Fair Work Commission has released a photograph of two “scantily clad” figurines displayed in the chambers of tribunal deputy president Gerard Boyce.

Fair Work Commission’s deputy president Gerard Boyce

The Fair Work Commission has released a photograph of two “scantily clad” figurines displayed in the chambers of tribunal deputy president Gerard Boyce, prompting a fresh swipe at his performance by the Opposition.

During questioning at a Senate estimates hearing in March over the display of the figurines, the commission was asked to provide a copy of the photograph and explain how it was obtained by general manager Bernadette O’Neill.

In answers to the committee last week, the commission provided the photo, saying it was taken by a “commission member” from the hallway outside Mr Boyce’s chambers. Mr Boyce, appointed by the Coalition, was not present when the photograph was taken.

Ms O’Neill told the hearing that the display of the figurines, one of which she called “scantily clad’’, was inappropriate. She said Mr Boyce removed them last year after colleagues raised concerns.

The new photograph emerged on the same day Mr Boyce came under fire after a full bench of the commission overturned his approval of an enterprise agreement championed by BHP boss Mike Henry.

Mr Boyce approved the agreement, just two hours after sending commission modelling to the company that showed the deal left workers worse off than the award safety net.

The full bench said the decision to email the modelling to the company was “curious”, noting the correspondence was not copied to any of the unions involved in the proceedings.

The photograph of figurines kept in the chambers of Fair Work deputy president Gerard Boyce.

Commenting on the release of the photograph, Labor’s industrial relations spokesman Tony Burke said on Tuesday: “He should probably spend less time playing with his toys and more time getting his decisions right so that his colleagues aren’t forced to overturn them.”

The Australian revealed in March that the figurines in Mr Boyce’s chambers included miniatures of a bodysuit-clad Scarlett Johansson character and Margot Robbie’s Harley Quinn from Suicide­ Squad.

In the latest answers to the committee, the commission said no formal complaints had been made about the figurines.

It said he had about 12 figurines in his chambers in April last year, and the photograph provided to the committee was the only photo provided to Ms O’Neill. “It shows two female characters that are scantily clad,” the commission said.

On April 29 last year Mr Boyce was “informally” asked to remove the figurines and he agreed. Some months later, at least one figurine reappeared in his chambers and he subsequently removed it after again being asked to take it out of his chambers.

Commission president Iain Ross did not become aware of the figurines until after they had been removed.

In response to the internal controversy, Mr Boyce, a former NSW manager with the Australian Mines and Metals Association, purchased a life-size cardboard cut-out of US President Donald Trump for his ­Sydney chambers. He has since removed it.

AMMA chief executive Steve Knott defended Mr Boyce on Tuesday, saying the commission hierarchy was aware he had unpacked a small number of figurines that had previously been at his private barrister chambers in March last year.

The life-size cardboard cut-out of US President Donald Trump that briefly appeared in Mr Boyce’s office.

“They were there for about a week and most were voluntarily removed by the deputy president; no complaints, formal or informal were made,” Mr Knott said.

He said when Mr Boyce was on leave in January, “someone entered his office without authorisation and took a photo of the figurines”.

“The photo then mysteriously forms part of an ALP Senate Estimates hatchet job on deputy president Boyce on the 4th of March 2020,” he said.

“These figurines are in shopfronts such as EB Games and Zing; all in shopping centres, in a pre COVID-19 world, that kids and adults ordinarily fill.”

He said Mr Boyce was owed an apology by Labor, which had sought to “portray these cartoon and movie figurines in an erotic and sexualised manner”.

“Most normal people would be distressed by someone sneaking into their chambers or office without permission, taking photos and invading privacy in such a tawdry manner,” he said.

“This particularly so given the chambers are on a secure floor, assessed by separate lifts from the general public, security lift access passes are required, his chambers are generally locked by his associate, and is out of sight of other members and staff.”

Mr Knott said the separate issue of his decision making is that he is no Robinson Crusoe in having decisions overturned by a FWC Full Bench.

“The bigger issue for the efficient operation of FWC is why are there so many Full Bench appeals ie 716 in the past 3 calendar years,” he said.