Fair Work Commission vice-president Michael Lawler, the partner of embattled former union boss Kathy Jackson, secretly taped phone conversations with his boss, an ABC TV report has revealed.
Mr Lawler told the Four Corners program he recorded telephone conversations with Fair Work Commission president Justice Iain Ross to gather evidence to defend himself because of his role in preparing, while he was on sick leave, Ms Jackson's defence against allegations she defrauded the Health Services Union of $1.4 million.
Mr Lawler produced his psychiatrist's report, which says he had a severe depressive episode and required time off work.
Mr Lawler's conduct is the subject of a federal government inquiry, to be headed by former Federal Court judge Peter Heeley QC.
This includes accusations that he took large amounts of sick leave, including nine months out of the past 12 - from his taxpayer-funded job while working on Ms Jackson's defence.
Justice Ross has denied any suggestion that he ever told Mr Lawler that his sick leave entitlements were unlimited.
But Mr Lawler produced a recording in which he says Justice Ross said otherwise.
"I think your health is the first priority and there's no ... I mean, I'll take responsibility for any amounts of sick leave you seek, there's no cap or anything like that," Justice Ross allegedly told Mr Lawler.
Mr Lawler later told the ABC he had been secretly recording conversations with Justice Ross since 2012.
"It's become necessary these last four years to assemble evidence," he said.
"I was a specialist fraud prosecutor, I understand the importance of evidence and maintaining it."
Mr Lawler has confirmed he worked on Ms Jackson's legal defence during nine months of sick leave but that the leave was fully approved and his actions were above board.
When asked how Justice Ross would react when he found out that his conversations with Mr Lawler had been taped, Mr Lawler said: "I imagine he will be very annoyed indeed".
Next month Ms Jackson is appealing a Federal Court order to pay $1.4 million to the union, but the HSU is questioning the competency of her bid.
In August, Ms Jackson was ordered to pay $1,338,626 in damages and $67,912 in overpaid salary to the HSU after the Federal Court found she had used union money to prop up a lavish lifestyle.
Jackson set up an unauthorised slush fund which she used to pay for travel, groceries, entertainment and even her divorce, the court found.
In September she filed a notice of appeal.
The Federal Court will hear Jackson's appeal in November after it hears the union's objection.
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