1 Fair Work Act 2009 s.156A —4 yearly review of default fund terms 2014 review of default fund terms (AM2014/6 and others) JUSTICE ROSS SENIOR DEPUTY PRESIDENT ACTON SENIOR DEPUTY PRESIDENT DRAKE COMMISSIONER BULL COMMISSIONER JOHNS MR APTED MR HARCOURT MELBOURNE, 9 MAY 2014 Superannuation. [1] On 11 March 2014, the Fair Work Commission (the FWC) issued a Statement1 on the four yearly review of default fund terms of modern awards. Following that Statement a notice about the making of the Default Superannuation List (the List) and a notice about the making of the Schedule of Approved Employer MySuper Products (the Schedule) were published on the FWC website. [2] Those notices invited applications to have a standard MySuper product included on the List and applications to have an employer MySuper product included on the Schedule to be made to the FWC by 28 April 2014. [3] The notices advised that, pursuant to sections 156C and 156N of the Fair Work Act 2009 (Cth) (FW Act), the FWC would publish all applications on its website, provided that if an application included information that was claimed by the applicant to be confidential or commercially sensitive, and the FWC was satisfied that the information is confidential or commercially sensitive: (a) the FWC may decide not to publish the information; and (b) if it did so, it would instead publish a summary of the information containing sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive). [2014] FWCFB 2941 DECISION f_p_n_1_ [2014] FWCFB 2941 2 [4] The pro-forma application forms the FWC also published on its website invited applicants to identify the information included in their application which was claimed to be confidential or commercially sensitive, to provide submissions on why the information is confidential or commercially sensitive and to provide a summary of the information for publication on the FWC’s website. [5] The FWC received 94 applications with 33 of them containing information which the applicant claimed to be confidential or commercially sensitive. [6] We have reached the provisional view that the information which is claimed to be confidential or commercially sensitive can be so characterised and on that basis we have decided not to publish that information. At this time we will instead publish the summary of that information provided by the applicant. However where no summary (or no sufficient summary) was provided by the applicant, the FWC will provide a summary of the confidential or commercially sensitive information. [7] The applications with the confidential or commercially sensitive information redacted, and any summary of that information provided in the application or, where necessary, a separate summary of that information, will be published on the FWC website. [8] We will review our provisional decision to characterise particular information contained in an application as ‘confidential or commercially sensitive’ on application by a person requesting us to do so. We are also prepared to consider making the confidential or commercially sensitive information accessible on a restricted basis, on application by a person requesting us to do so. FWC Form F1 can be used for these purposes. Any such applications will be published on the FWC website. Senior Deputy President Acton will deal with such applications by conference or hearing, with recourse to the Expert Panel for the four yearly review of default fund terms as necessary. [9] We intend to have regard to all the information included in an application, including any that is confidential or commercially sensitive, in determining whether to include the MySuper product covered by the application on the List or Schedule and in making the List or Schedule. PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR550263> Endnotes: 1 2014 review of default fund terms, [2014] FWCFB 1146. f_p_n_2_