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

FEDERAL COURT OF AUSTRALIA

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

Parties: FINANCIAL SERVICES COUNCIL LTD ACN 080 744 163 v INDUSTRY SUPER AUSTRALIA PTY LIMITED ACN 158 563 270, FAIR WORK COMMISSION and MINISTER FOR EMPLOYMENT (INTERVENING)

File number: NSD 447 of 2014

Judges: GILMOUR, FLICK & PERRAM JJ

Date of judgment: 25 July 2014

Catchwords: INDUSTRIAL LAW – Fair Work Commission – four yearly review of default fund terms – two members of Expert Panel disqualified due to conflicts of interest – Fair Work Act 2009 (Cth) ss 620(1A) and 622(3) – whether President entitled to appoint himself to Expert Panel – whether Expert Panel reconstituted in accordance with Act

Legislation: Acts Interpretation Act 1901 (Cth) (as at 25 June 2009) s 23 Fair Work Act 2009 (Cth) ss 40A, 620, 622, 624 and 627

Cases cited: ABN Amro Bank NV v Bathurst Regional Council [2014] FCAFC 65 cited Anti-Doping Rule Violation Panel v XZTT (2013) 214 FCR 40 cited Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 293 ALR 257 cited Cooper Brookes (Wollongong) Pty Ltd v Federal Commission of Taxation (1981) 147 CLR 297 cited Curtis v Stovin (1889) 22 QBD 513 cited Kelly v The Queen (2004) 218 CLR 216 cited Knightsbridge Estates Trust Ltd v Byrne [1940] AC 613 cited Metropolitan Fire and Emergency Services Board v Churchill (1998) 14 VAR 9 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Thiess v Collector of Customs (2014) 306 ALR 594 cited Transport Accident Commission v Treloar [1992] 1 VR 447 cited