CARE Super Pty Ltd
[2012] FWA 8822
•23 OCTOBER 2012
[2012] FWA 8822 |
|
DECISION |
Fair Work Act 2009
s.160—Variation of modern award
CARE Super Pty Ltd
(AM2012/345)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 23 OCTOBER 2012 |
Aged Care Award 2010 and others—change of default superannuation fund name.
[1] On 24 September 2012 CARE Super Pty Ltd (trading as ‘CareSuper’) contacted Fair Work Australia with the intention of submitting an application to vary a number of modern awards to change the name of the default superannuation fund in a number of awards. The change proposed was consequent on the proposed merger of two funds – Asset Super and CareSuper. The two funds are to merge on 26 October 2012 and will then be known as CareSuper.
[2] Section 158 of the Fair Work Act 2009 (Cth) (the Act) provides who may make an application for the making of a determination varying a modern award and this is relevantly limited to:
- An employer, employee or organisation that is covered by the modern award; or
- An organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award.
[3] CareSuper does not meet the standing requirements of s.158 outlined above however under s.160(2)(a) Fair Work Australia has the capacity to make the applications on its own initiative to remove an ambiguity or uncertainty or to correct an error in a modern award.
[4] Asset Super is listed in 48 modern awards under the names “Asset Super”, “Australian Superannuation Savings Employment Trust (ASSET)”, “Asset Limited” and “AssetSuper”. Additionally, three of these awards currently list the fund trading under the name of CareSuper as “CARE” or “CARE Super”.
[5] A schedule outlining the proposed change of these fund names to “CareSuper” in the 48 affected awards was published on the Fair Work Australia website on 9 October 2012 [see Attachment A] along with Directions seeking any submissions in relation to the matter and a Notice of Listing.
[6] No submissions were received and no interested persons attended the hearing on 23 October 2012.
[7] Pursuant to s.160 the awards will be varied to give effect to the change in the name of the default superannuation fund from Asset Super (however named) to CareSuper from the first pay period commencing on or after 26 October 2012, that being the date of the merger between Asset Super and CareSuper.
[8] Determinations will be issued accordingly.
PRESIDENT
Hearing details:
2012.
Melbourne:
October 23.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR530210>
ATTACHMENT A
Award code | Award title | Clause | Current fund name (which will be changed to ‘CareSuper’) |
MA000018 | Aged Care Award 2010 | 21.4(i) | Australian Superannuation Savings Employment Trust (Asset Super); |
MA000092 | Alpine Resorts Award 2010 | 21.4(c) | AssetSuper |
MA000080 | Amusement, Events and Recreation Award 2010 | 20.4(f) | Asset Limited; |
MA000118 | Animal Care and Veterinary Services Award 2010 | 21.4(d) | Asset Super; |
MA000020 | Building and Construction General On-site Award 2010 | 32.4(f) | Australian Superannuation Savings Employment Trust (ASSET Super) |
MA000095 | Car Parking Award 2010 | 20.4(a) | Asset Super; |
MA000055 | Cement and Lime Award 2010 | 19.4(c) | Australian Superannuation Savings Employment Trust (ASSET) |
MA000070 | Cemetery Industry Award 2010 | 20.4(c) | Asset Super |
MA000120 | Children’s Services Award 2010 | 20.4(b) | Asset Super |
MA000002 | Clerks—Private Sector Award 2010 | 24.4(a) | CARE Super |
MA000002 | Clerks—Private Sector Award 2010 | 24.4(h) | Asset Limited |
MA000056 | Concrete Products Award 2010 | 21.4(b) | Asset Super |
MA000024 | Cotton Ginning Award 2010 | 20.4(b) | Asset Super |
MA000096 | Dry Cleaning and Laundry Industry Award 2010 | 20.4(a) | Asset Super |
MA000076 | Educational Services (Schools) General Staff Award 2010 | 20.4(h) | Asset Super |
MA000077 | Educational Services (Teachers) Award 2010 | 18.4(h) | Asset Super |
MA000094 | Fitness Industry Award 2010 | 23.4(b) | Asset Super |
MA000073 | Food, Beverage and Tobacco Manufacturing Award 2010 | 29.4(c) | Asset Super |
MA000105 | Funeral Industry Award 2010 | 20.4(c) | Asset Limited |
MA000101 | Gardening and Landscaping Services Award 2010 | 20.4(d) | Asset Super |
MA000005 | Hair and Beauty Industry Award 2010 | 24.4(b) | Asset Limited |
MA000027 | Health Professionals and Support Services Award 2010 | 22.4(j) | Australian Superannuation Savings Employment Trust (Asset Super) |
MA000008 | Horse and Greyhound Training Award 2010 | 19.4(f) | Asset Limited |
MA000028 | Horticulture Award 2010 | 21.4(e) | Asset Limited |
MA000009 | Hospitality Industry (General) Award 2010 | 28.4(f) | Asset Limited |
MA000029 | Joinery and Building Trades Award 2010 | 27.4(b) | Australian Superannuation Savings Employment Trust (Asset Super) |
MA000116 | Legal Services Award 2010 | 23.4(f) | Asset Super |
MA000081 | Live Performance Award 2010 | 18.5(c) | ASSET Super |
MA000117 | Mannequins and Models Award 2010 | 18.4(d) | Asset Super |
MA000010 | Manufacturing and Associated Industries and Occupations Award 2010 | 35.4(e) | Australian Superannuation Savings Employment Trust (Asset Super) |
MA000033 | Nursery Award 2010 | 23.4(e) | Asset Limited |
MA000034 | Nurses Award 2010 | 20.4(i) | Australian Superannuation Savings Employment Trust (Asset Super) |
MA000035 | Pastoral Award 2010 | 22.4(b) | ASSET |
MA000097 | Pest Control Industry Award 2010 | 19.4(a) | Asset Super |
MA000069 | Pharmaceutical Industry Award 2010 | 20.4(c) | Asset Super |
MA000036 | Plumbing and Fire Sprinklers Award 2010 | 28.4(f) | Australian Superannuation Savings Employment Trust (ASSET) |
MA000057 | Premixed Concrete Award 2010 | 19.4(b) | Asset Super |
MA000037 | Quarrying Award 2010 | 22.4(c) | Australian Superannuation Savings Employment Trust (ASSET); |
MA000013 | Racing Clubs Events Award 2010 | 25.4(e) | Asset Limited |
MA000014 | Racing Industry Ground Maintenance Award 2010 | 20.4(e) | Asset Limited |
MA000106 | Real Estate Industry Award 2010 | 22.4(b) | Asset Super |
MA000119 | Restaurant Industry Award 2010 | 30.4(d) | Asset Super |
MA000068 | Seafood Processing Award 2010 | 22.4(f) | Asset Limited |
MA000100 | Social, Community, Home Care and Disability Services Industry Award 2010 | 23.4(i) | Asset Super |
MA000100 | Social, Community, Home Care and Disability Services Industry Award 2010 | 23.4(k) | CARE Super |
MA000084 | Storage Services and Wholesale Award 2010 | 21.4(e) | CARE |
MA000084 | Storage Services and Wholesale Award 2010 | 21.4(g) | Asset Limited |
MA000087 | Sugar Industry Award 2010 | 28.4(b) | Australian Superannuation Savings Employment Trust (Asset Super) |
MA000071 | Timber Industry Award 2010 | 26.4(d) | Asset Limited |
MA000089 | Vehicle Manufacturing, Repair, Services and Retail Award 2010 | 25.4(e) | Asset Limited |
MA000090 | Wine Industry Award 2010 | 26.4(b) | Asset Super |
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