The ACTU has confirmed it will apply for commissioner Heydon to disqualify himself.
Heydon, a former High Court judge and head of the royal commission into trade unions has come under scrutiny after he cancelled his planned address at what turned out to be a Liberal Party fundraiser, claiming he overlooked the connection of the event to the party.
According to the Sydney Morning Herald, the ACTU secretary, Dave Oliver, said action had been decided upon after Tony Abbott failed to shut down the enquiry.
“Given Tony Abbott has failed to act, the ACTU must now take further action,” the ACTU said in a statement.
The ACTU's application will be heard on Friday.