The Fair Work Commission is powerless to remove its vice-president, Michael Lawler, unless federal reforms are passed to fill a "vacuum" in the Fair Work Act, senior barristers say.

Mr Lawler, partner of embattled former Health Services Union leader Kathy Jackson, has been on about nine months' leave for the past year. The union is now suing Ms Jackson to try to claim about $1.4 million. It has argued in the Federal Court that Ms Jackson used fraudulent bookkeeping practices to hide her withdrawal of huge sums of cash for herself between 2007 and 2010.

Justice Iain Ross has been under pressure to remove a Fair Work Commission vice president. Credit:Josh Robenstone

Fair Work Commission insiders are privately appalled at what they consider to be the erratic behaviour of Mr Lawler, who has publicly supported and even legally represented Ms Jackson at different points during her court proceedings.

Australian Bar Association president Fiona McLeod, SC, on Thursday defended the commission's president, Justice Iain Ross, against media reports suggesting he was responsible for handling the situation. While Ms McLeod would not comment on the "ongoing controversy", she said in a statement that calls for Justice Ross to deal with it were "misconceived" and commentary around this "unfair and misguided".