Financial Services Council Ltd v Industry Super Australia Pty Limited [2014] FCAFC 92

Financial Services Council Ltd v Industry Super Australia Pty Limited [2014] FCAFC 92

Section 622(3) of the Fair Work Act 2009 (Cth) does not empower the President to appoint himself or another ordinary member to fill a casual vacancy in an Expert Panel position reserved for an Expert Panel Member, as this is inconsistent with the compositional requirements mandated by s 620(1A), which must be complied with.

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declarations granted; no order as to costs.
Legal Topics
['fair Work Commission' 'default Fund Terms' 'expert Panel Composition' 'statutory Interpretation']
['industrial Law'] ['fair Work Commission' 'default Fund Terms' 'expert Panel Composition' 'statutory Interpretation']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the President of the Fair Work Commission could appoint himself to the Expert Panel for a default fund review under s 622(3) of the Fair Work Act 2009 (Cth)' 'Whether the Expert Panel was properly constituted in accordance with s 620(1A) of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

Section 622(3) of the Fair Work Act 2009 (Cth) does not empower the President to appoint himself or another ordinary member to fill a casual vacancy in an Expert Panel position reserved for an Expert Panel Member, as this is inconsistent with the compositional requirements mandated by s 620(1A), which must be complied with.

Court Disposition

Declarations granted; no order as to costs.

Orders

  • ["The President's direction appointing himself to the Expert Panel is invalid." 'The Expert Panel as currently reconstituted is not as required by the Fair Work Act 2009 (Cth).' 'No order as to costs.']