United Firefighter Union secretary Peter Marshall’s legal fight over retirement payout sent back to VCAT

Australia’s highest paid union leader Peter Marshall has spent years fighting to boost his retirement payout – and he’s now been thrown a lifeline in his legal bid.

UFU secretary Peter Marshall is fighting for an extra $1 million in pension payments. Picture: Hamish Blair

Militant union leader Peter Marshall has been thrown a lifeline in his bid to secure an extra $1 million in pension payments.

The United Firefighter Union secretary, Australia’s highest paid union leader, has spent years fighting to boost his retirement payout.

In 2019 the Emergency Services State Super refused him an extra $1 million in pension payments sparking an ongoing legal battle.

He lost an initial fight in the Victorian Civil and Administrative Tribunal, before launching a Supreme Court challenge to that decision.

In a judgment published on Friday Justice Anthony Cavanough upheld the appeal and sent the matter back to VCAT for rehearing.

Emergency services union bosses are entitled to a defined benefit pension, with the final payout based on “final average salary”.

The appeal rested on Mr Marshall’s argument that VCAT originally erred in relation to the interpretation and application of the definition of the word “salary”.

“Principally, they argue that VCAT wrongly treated Mr Marshall as being covered by a particular aspect of the definition of salary,” Justice Cavanough said.

“They submit that, as a consequence, VCAT analysed Mr Marshall’s overall remuneration for the years in question from a wrong starting point.

“They submit, in effect, that this was a material error of law in that there is a realistic possibility that the decision in fact made might have been different if the error of law had not occurred.”

The ongoing legal fight is tipped to be costing members hundreds of thousands of dollars.

Members were last year threatened with legal action if they didn’t contribute thousands of dollars to what was believed to be a litigation fighting fund.

Members were ordered to pay between $1800 and $2150 into the fund, on top of their annual membership fees.

“If you fail to pay, we will have no option but to refer the matter to our lawyers and request that they take immediate steps to recover the outstanding amount,” a letter to members said.

“This is not the union’s preferred option, but in meeting our obligations in accordance with the Registered Organisation Commission we will have no option but to pursue these matters.

“This may involve the issuing of legal proceedings without further notice.”

Mr Marshall was paid $494,219 last financial year, more than double that paid to most national union leaders.

His pay has increased significantly since 2019, when he took home $419,697.