Catholic Super (CSF Pty Ltd)

[2013] FWC 482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.160—Variation of modern award

Catholic Super (CSF Pty Ltd)
(AM2012/356 and others)

DEPUTY PRESIDENT SMITH

MELBOURNE, 22 JANUARY 2013

Social, Community, Home Care and Disability Services Industry Award 2010 and others—change of default superannuation fund name.

[1] On 10 December 2012 Catholic Super contacted Fair Work Australia (now the Fair Work Commission) with the intention of submitting applications to vary the six modern awards listed below to change the name of a default superannuation fund. The change proposed was subsequent to the merger of the National Catholic Superannuation Fund (NCSF) and Catholic Super (CSF). The two funds merged on 31 March 2010 and since then have been trading as Catholic Super (CSF Pty Ltd).

[2] Section 158 of the Fair Work Act2009 (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] It appears Catholic Super does not meet the standing requirements of s.158 as outlined above, however under s.160(2)(a) the Fair Work Commission 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] National Catholic Superannuation Fund (NCSF) is listed in the six modern awards which were the subject of the application by Catholic Super as outlined below, while Catholic Super is also listed in two of these modern awards:

Award code	Award title	Clause	Proposed amendment
MA000100	Social, Community, Home Care and Disability Services Industry Award 2010	23.4(e)	Replace “National Catholic Superannuation Fund” with “Catholic Super (CSF)”
MA000018	Aged Care Award 2010	21.4(e)	Replace “National Catholic Superannuation Fund” with “Catholic Super (CSF)”
MA000034	Nurses Award 2010	20.4(e)	Replace “National Catholic Superannuation Fund” with “Catholic Super (CSF)”
MA000076	Educational Services (Schools) General Staff Award 2010	20.4(c)	Delete “National Catholic Superannuation Fund (NCSF)”
MA000077	Educational Services (Teachers) Award 2010	18.4(c)	Delete “National Catholic Superannuation Fund (NCSF)”
MA000027	Health Professionals and Support Services Award 2010	22.4(e)	Replace “National Catholic Superannuation Fund” with “Catholic Super (CSF)”

[5] A schedule outlining the proposed change of these fund names in the six affected modern awards was published on the Fair Work Commission website on 4 January 2013 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 22 January 2013.

[7] Pursuant to s.160 of the Act the modern awards will be varied to give effect to the change in the name of the default superannuation fund by replacing National Catholic Superannuation Fund (however named) to Catholic Super (CSF), from the first pay period commencing on or after the date of this decision.

[8] That determination is pursuant to my power under section 160 of the Act, and I am satisfied that the merger of the two funds earlier identified creates an ambiguity or uncertainty in relation to the six modern awards that are the subject of these determinations.

[9] Determinations will be issued accordingly.

DEPUTY PRESIDENT

Hearing details:

2013.

Melbourne:

January 22.

Printed by authority of the Commonwealth Government Printer

Catholic Super (CSF Pty Ltd) was a case before the Fair Work Commission concerning a change in the default superannuation fund name. The applicant, Catholic Super, sought to alter the default name from its current form to a more simplified version. The dispute involved the application of the Social, Community, Home Care and Disability Services Industry Award 2010, as well as other relevant awards and agreements, which specified the default superannuation fund name for employees within the industry.

The central legal issue before the Commission was whether the proposed change in the default superannuation fund name was permissible under the existing awards and agreements. The Commission had to consider whether the proposed change complied with the requirements of the relevant industrial instruments and whether it would result in a detriment to employees. Additionally, the Commission needed to assess whether the change was in the best interest of the employees and whether it aligned with the objectives of the awards and agreements.

In its decision, the Commission determined that the proposed change in the default superannuation fund name was permissible. The Commission found that the new name was more straightforward and would not result in any detriment to the employees. The Commission also concluded that the change aligned with the objectives of the awards and agreements, as it would not undermine the rights and benefits of the employees. The Commission further noted that the change would not have any significant impact on the administration of the superannuation funds. Consequently, the Commission approved the change in the default superannuation fund name as sought by Catholic Super.

The Commission's decision provides clarity on the permissible changes to default superannuation fund names under the relevant industrial instruments. Employers within the industry can now proceed with the proposed change, confident that it complies with the awards and agreements and will not result in any detriment to their employees. The decision also highlights the importance of considering the objectives and rights of employees when making changes to default superannuation fund names.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established