[2014] FWC 3840

[2014] FWC 3840

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156A—4 yearly review of default fund terms

2014 Review of Default Fund Terms
(AM2014/6)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 JUNE 2014

Background

[1] On 6 January 2014 I constituted an Expert Panel in matter AM2014/6 for the purposes of the 4 yearly review of default fund terms of modern awards. The Panel comprised Senior Deputy President Acton, Senior Deputy President Drake, Commissioner Bull, Commissioner Johns and Expert Panel Members Allen, Apted and Gibbs.

[2] On 7 March 2014 I issued a direction pursuant to s.640(4) of the FW Act that Expert Panel Members Allen and Gibbs no longer deal with matter AM2014/6 due to ‘potential conflicts’ within the meaning of s.640 of the Fair Work Act 2009 (Cth) (FW Act). On 7 March 2014 I also issued a direction pursuant to s.622(3) of the Act that Expert Panel Member Harcourt form part of the Expert Panel.

[3] On 17 April 2014 I issued a Statement indicating that I would join the Expert Panel pursuant to s.622(3) of the FW Act.

[4] On 6 June 2014 the Federal Court in Financial Services Council Ltd v Industry Super Australia Pty Ltd and Anor NSD447/2014 by Order declared invalid my direction of 17 April 2014 that I would form part of the Expert Panel and declared that the Panel as currently purportedly reconstituted is not reconstituted as required under Subdivision B of Division 4 of Part 5-1 of the FW Act.

Consequences of the Federal Court Order

[5] In consequence of the Order of the Federal Court, the Expert Panel as currently purportedly reconstituted will not deal further with matter AM2014/6.

PRESIDENT

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