United Workers’ Union

[2022] FWC 1344

[2022] FWC 1344

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

United Workers’ Union

(AM2022/14)

Various industries
COMMISSIONER O’NEILL	MELBOURNE, 21 JUNE 2022

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

Introduction

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 separate variation applications for each award variation sought. I intend to deal with the eight applications as a single matter.

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. The UWU submit that the object of its applications is to ensure that employers covered by the award are in no doubt as to which fund or funds they may remit superannuation contributions to.

1. I have been allocated this matter to deal with pursuant to s.616(3D)(a) of the Act, which provides that the President may direct a single Member to perform a function or exercise a power under s.160 of the Act varying a modern award.

1. It is my provisional view that the abovenamed awards should be varied as proposed by the UWU and set out in the draft determinations issued with this Statement. I am satisfied that there is ambiguity or uncertainty with the current wording of the clauses in each of the awards named in paragraph [3] above and that the awards should be varied.

Next steps

1. Any submissions opposing my provisional view are to be lodged by 4pm (AEST) on Thursday, 30 June 2022. Submissions should be sent to [email protected].

1. If no submissions are filed opposing the provisional view, final determinations in the form set out in the draft determinations will be issued and the awards will be varied.

COMMISSIONER

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