The Financial Services Council (FSC) has signaled it is actively considering legal action against the Fair Work Commission (FWC) over its handling of its default superannuation funds review.
The FSC chief executive, John Brogden, canvassed the possibility of the legal approach after the FWC denied an FSC request for a special hearing on the validity of the FWC's expert superannuation panel and a call for a one-week extension for MySuper submissions.
The FWC president, Justice Iain Ross, denied the FSC's claims in a statement issued today in what represented another step in a long-running argument which has already seen two members of the expert panel stood aside over perceptions of conflict of interest.
Commenting on the FWC president's latest statement, Brogden said: "It is an extraordinary circumstance where the President of the Fair Work Commission appointed himself to the Expert Panel and is now using that as a defence on why a hearing cannot occur."
"This process des nothing but continue the status quo of the union-backed industry fund's monopoly on the default superannuation market," he said.
The future of superannuation policy remains uncertain, with further reforms potentially on the horizon as the Albanese government seeks to curb the use of superannuation as a bequest vehicle.
Superannuation funds will have two options for charging fees for the advice provided by the new class of adviser.
The proposed reforms have been described as a key step towards delivering better products and retirement experiences for members, with many noting financial advice remains the “urgent missing piece” of the puzzle.
APRA’s latest data has revealed that superannuation funds spent $1.3 billion on advice fees, with the vast majority sent to external financial advisers.