Peter Marshall takes fight for retirement payout to the Supreme Court
He received a huge salary last year but taxpayers will be hit with a six-figure legal bill when United Firefighters Union secretary Peter Marshall takes his fight for an extra $1 million in pension payments to the Supreme Court.
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Taxpayers and firefighters will be hit with a six-figure legal bill as Australia’s best-paid union boss takes his fight for a bigger retirement payout to the Supreme Court.
United Firefighters Union secretary Peter Marshall, who the Herald Sun can reveal received a $420,000 salary last year, is appealing a decision by Emergency Services State Super to refuse him an extra $1 million in pension payments.
Mr Marshall is now paid roughly twice as much as other union bosses around the country including CFMEU state secretary John Setka who makes about $230,000.
Last year, Mr Marshall lost his fight in VCAT for a bigger retirement payout after failing to overturn years of emergency services superannuation practice that links pension rates to a firefighter rank rather than union salaries.
The boss of the UFU — which is embroiled in an anti-corruption probe into the state’s fire services — argued in VCAT that Mr Marshall’s retirement pension should be linked to a combination of his state secretary salary, national secretary pay, and allowances.
Documents recently submitted to the Registered Organisations Commission in December show in the past financial year he consolidated his pay into the Victorian branch, however, and now earns $419,697 plus a car allowance of $8580.
Leaders of most other major unions in Victoria earn between $160,000 and $230,000.
Mr Marshall’s appeal to the Supreme Court is based on what his lawyers say is an error of law that would have a “serious adverse financial impact” on his future and “significantly affect his retirement plans”.
The Emergency Services State Super, in an affidavit to the court, said it was “unusual” that the board had to argue for pension levels to be kept at current policy “against the will of an employer”.
It said the Police Association, which has 10 members on the ESSS defined benefits scheme compared to just one person at the UFU, abided by those policies.
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Last year, VCAT member Elisabeth Warren rejected the UFU boss’s arguments for a larger payout and noted “the amounts in dispute would add approximately $1 million to Mr Marshall’s retirement benefit”.
This, she said, would add “a significant increase in unfunded liability” to the ESSS.
She also said “it was not a simple matter to identify from the evidence what Mr Marshall was paid in the relevant years and the basis for it”.
Mr Marshall’s lawyers say an affidavit by accountant John Agostinelli outlining the UFU boss’s pay should be relied upon, however.
Mr Marshall did not respond to a request for comment.