United Workers’ Union

[2022] FWC 1725

[2022] FWC 1725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.160—Variation of modern award

United Workers’ Union

(AM2022/14)

Various industries
COMMISSIONER O’NEILL	MELBOURNE, 7 JULY 2022

Section 160 of the Fair Work Act 2009 (Cth) – applications to vary superannuation default fund – merger of Statewide Superannuation Trust and Hostplus

1. On 21 April 2022, the United Workers’ Union (UWU) applied to the Commission to vary the specification of “Statewide Superannuation Trust” as a named fund for the purpose of employee superannuation contributions to that of “Hostplus” in eight awards.

1. The UWU lodged eight separate variation applications for each award variation sought.

1. The applications seek to vary the following award clauses:

·   Children’s Services Award 2010 – by deleting “Statewide Superannuation Trust” in clause 20.4(e) and inserting “Hostplus”;

·   Food, Beverage and Tobacco Manufacturing Award 2020 – by deleting “Statewide Superannuation Trust” in clause 22.4(f) and inserting “Hostplus”;

·   Manufacturing and Associated Industries and Occupations Award 2020 – by deleting “Statewide Superannuation Trust” in clause 31.4(j) and inserting “Hostplus”;

·   Poultry Processing Award 2020 – by deleting “Statewide Superannuation Trust” in clause 18.4(e) and inserting “Hostplus”;

·   Social, Community, Home Care and Disability Services Industry Award 2010 – by deleting “Statewide Superannuation Trust” in clause 23.4(k) and inserting “Hostplus”;

·   Seafood Processing Award 2020 – by deleting “Statewide Superannuation Trust” in clause 18.4(d) and inserting “Hostplus”;

·   Vehicle Repair, Services and Retail Award 2020 – by deleting “Statewide Superannuation Trust” in clause 21.4(f) and inserting “Hostplus”; and

·   Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015 – by deleting “Statewide Superannuation Trust” in clause 18.3(h) and inserting “Hostplus”;

1. As part of its application, the UWU informed the Commission that Statewide Superannuation Trust and Hostplus are scheduled to merge on 29 April 2022. It appears that the merger was formalised as scheduled on 29 April 2022.

1. A Statement and draft determinations were published on the Commission’s website on 21 June 2022. The Statement advised that my provisional view was to vary the awards as proposed by the UWU and set out in the draft determinations, and that if no submissions opposing the variations were received, final determinations would be issued.

1. Submissions opposing the provisional view were required to be filed by 30 June 2022. No submissions were received.

1. Pursuant to s.160 of the Act, the awards will be varied as proposed by the UWU.

1. The determinations will be issued separately.

COMMISSIONER

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