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FSC victorious in FWC legal challenge

The Federal Court has ruled in favour of the Financial Services Council in its dispute with the Fair Work Commission over the validity of the MySuper default fund selection panel.

A full bench of the court ruled on Friday afternoon that the FWC expert panel is not “correctly constituted”, finding also that the decision by the FWC president to appoint himself to the panel is not valid.

“The Federal Court found the FWC Expert Panel lacked the number of superannuation experts required by law,” said FSC chief executive John Brogden in a statement.

“We have argued from the beginning that the Expert Panel was conflicted and then incorrectly reconstituted.

“We want an open, competitive process which allows every APRA-approved MySuper product to compete for default superannuation contributions.

“A genuinely competitive market will lead to more transparency, lower fees and better services for employers and employees.”