You see to Michael Lawler, Tony Abbott urges Bill Shorten

Tony Abbott has left the door open for the opposition to introduce a parliamentary challenge to Michael Lawler.

Fair Work v-ice-president and Kathy Jackson’s partner Michael Lawler.

Tony Abbott has left the door open for the opposition to introduce a parliamentary challenge to Fair Work Commission vice-president Michael Lawler, who has been embroiled in controversy after taking nine months of sick leave while supporting his partner, disgraced former union boss Kathy Jackson, in the Federal Court.

Labelling Mr Lawler a “personal pick” by the Prime Minister, Labor frontbencher Brendan O’Connor asked in question time whether Mr Abbott stood by his 2002 ceremonial welcome speech to Mr Lawler, who he appointed to the Australian Industrial Relations Commission, the precursor to the Fair Work Commission.

“Does the Prime Minister stand by his statement about his personal pick for vice-president of the industrial relations umpire, Mich­ae­l Lawler, and I quote, when he said, ‘Vice-President Lawler has the human insights, intellectual skills and strength of character to enhance the commission’s work’?’’ Mr O’Connor asked.

Mr Abbott, who appointed Mr Lawler to the now $435,000-a-year position in October 2002, sidestepped the question but challenged the opposition to pursue the legal avenues. “If members opposite have an issue with any member of the Fair Work Commission, there are appropriate processes in place, and they should take them,” he said. Members of the commission such as Mr Lawler can only be removed from office by both houses of parliament.

Barristers peak body the Austra­lian Bar Association offered its own legal opinion on the matter last month via a media release, saying that the legal power to discipline or remove Mr Lawler from the FWC rested entirely with the parliament. The ABA said previous government comments that Mr Lawler could be reined in by Fair Work president Iain Ross were “unfair and misguided”.

Separately, Employment Minister Eric Abetz is dealing with a complaint about Mr Lawler’s conduct during a Fair Work conference in June last year where he allegedly belittled an industrial advocate, offering to take sick leave to represent her client himself.

Within days, Mr Lawler — previously a Sydney barrister — had commenced nine months of sick leave and had intervened on behalf­ of Ms Jackson in court proceedi­ngs where the HSU alleged­ Ms Jackson had rorted $1.4 million of union money.

Since then, Mr Lawler has been a highly visible supporter of Ms Jackson in the court, and recently attempted to shift ownership of her property to his own name, raising new concerns about potential conflicts of interest with his official role at the FWC. He has also remained involved in a battle between various protagonists over the $30m estate of an ageing barrister with dementia, David Rofe.

Ms Jackson was ordered by the Federal Court this week to repay the HSU $1.4m in union funds that she misused for personal shopping, extravagant holidays, her mortgage, her divorce, computers and entertainment systems, furniture and art.

After several years of lauding her, the government response has been muted at best to the court finding that she was guilty.