Ex-judge to probe Michael Lawler’s conduct

The government yesterday released sweeping terms of reference for an inquiry into Michael Lawler’s conduct.

Fair Work Commission vice-president ­Michael Lawler could be sacked by a vote of both houses of parliament on the grounds of ­misbehaviour or incapacity. Picture: John Feder

Fair Work Commission vice-president ­Michael Lawler could be sacked by a vote of both houses of parliament on the grounds of ­misbehaviour or incapacity, after the federal government yesterday released sweeping terms of reference for a formal investigation into his ­conduct.

Mr Lawler has been absent on nine months of sick leave in the past year while working on the legal cases of his partner, disgraced unionist Kathy Jackson, and has been the subject of a number of complaints about his behaviour on the bench.

Announcing the guidelines and the appointment of retired Federal Court judge and barrister Peter Heerey QC to undertake the ­review, Employment Minister Michaelia Cash said it was essential that public confidence be maintained in Fair Work.

The terms of reference include an examination of whether there is a reasonable basis to remove Mr Lawler.

Mr Heerey was a judge on the Federal Court between 1990 and 2009.

He has a long history of judgments in competition and price-fixing cases and is a former deputy president of the Australian Competition Tribunal.

Following a months-long ­investigation of Mr Lawler, The Australian revealed in June this year that he had taken sick leave for almost a year on full pay of $435,000; that he had intervened in Ms Jackson’s legal cases against the Health Services Union while on sick leave from his position as an independent member of the industrial relations tribunal; and that he had assisted Ms Jackson in a raft of other legal matters, including her appearances at the trade union royal commission.

The first item in the terms of reference for the Lawler ­investigation is a complaint raised by an industrial advocate, Jane Carrigan, who alleged that she was belittled and humiliated by Mr Lawler during a conference last year.

Ms Carrigan’s complaints were revealed in The Australian in June, together with her allegation that Mr Lawler had inappropriately offered to dip into his sick leave to take time off to represent the client himself.

The Heerey inquiry will also ­investigate Fair Work’s management of her initial complaints to tribunal president Iain Ross.

The inquiry will focus on the circumstances of Mr Lawler’s ­absence from duty at Fair Work during 2014 and 2015, including reasons for his leave that relate to Fair Work.

Mr Heerey has also been ­empowered to investigate the ­capacity of Fair Work to ­investigate complaints against members such as Mr Lawler who were ­appointed under previous legislation that has so far made them immune from discipline by the commission president.

Mr Lawler this year sought to move a property from Ms ­Jackson’s name into his own name ahead of union efforts to freeze her assets, and has taken out a caveat on the same property — which was allegedly paid for, in part, with funds originally rorted from the HSU and spent on an earlier ­property.

If Mr Lawler were proven to have knowingly been in receipt of stolen goods, he could potentially face charges.

Mr Lawler was appointed to Fair Work by former prime minister Tony Abbott in 2002.

Any actual or perceived conflicts of interest on Mr Lawler’s part that affect the standing of Fair Work are also captured in the terms of reference.