FSC chief executive John Brogden said the FSC will apply for an urgent hearing in the Federal Court.
This follows a statement released by FWC president Iain Ross yesterday rejecting the FSC’s request for a hearing on the validity of the expert panel and a one week extension to the MySuper submission deadline from 28 April.
The FSC contacted the Commission on the 11 April to express concerns that it was “acting outside its powers under the Fair Work Act by pushing ahead with a review of superannuation terms with an invalidly constituted expert panel”.
Mr Brogden said that the industry deserves a “proper hearing on the expert panel”.
“The current Fair Work Commission selection process has nothing to do with merit,” he said. “It is blatantly anti-competitive and would not be tolerated anywhere else in the economy.”
Mr Brogden said the status quo “cannot be allowed to continue where union-backed industry funds have a monopoly on the default superannuation market”.