On 26 March 2024, the Fair Work Commission issued determinations varying superannuation clauses in 147 modern awards to reflect current superannuation requirements.
The changes include reference to the National Employment Standards (NES) which now deals with superannuation rights and obligations.
As of 1 January 2024, employees covered by the NES can take court action for any unpaid superannuation under the Fair Work Act 2009 unless the ATO has already commenced legal proceedings to recover the same superannuation.
The new NES entitlement to superannuation now correlates with superannuation legislation. This means that an employers can be reassured that if they are complying with their obligations under superannuation legislation, they are also complying with their obligations under the NES.
These changes take effect on the first full pay period on or after 9 April 2024.
The Modern Awards affected are as follows:
- Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
- Aged Care Award 2010
- Air Pilots Award 2020
- Aircraft Cabin Crew Award 2020
- Airline Operations-Ground Staff Award 2020
- Airport Employees Award 2020
- Ambulance and Patient Transport Industry Award 2020
- Amusement, Events and Recreation Award 2020
- Animal Care and Veterinary Services Award 2020
- Aquaculture Industry Award 2020
- Architects Award 2020
- Banking, Finance and Insurance Award 2020
- Book Industry Award 2020
- Broadcasting, Recorded Entertainment and Cinemas Award 2020
- Building and Construction General On-site Award 2020
- Business Equipment Award 2020
- Car Parking Award 2020
- Cement, Lime and Quarrying Award 2020
- Cemetery Industry Award 2020
- Children’s Services Award 2010
- Cleaning Services Award 2020
- Clerks — Private Sector Award 2020
- Commercial Sales Award 2020
- Concrete Products Award 2020
- Contract Call Centres Award 2020
- Corrections and Detention (Private Sector) Award 2020
- Dry Cleaning and Laundry Industry Award 2020
- Educational Services (Post-Secondary Education) Award 2020
- Educational Services (Schools) General Staff Award 2020
- Educational Services (Teachers) Award 2020
- Electrical Power Industry Award 2020
- Electrical, Electronic and Communications Contracting Award 2020
- Fast Food Industry Award 2020
- Fire Fighting Industry Award 2020
- Fitness Industry Award 2020
- Food, Beverage and Tobacco Manufacturing Award 2020
- Funeral Industry Award 2020
- Gardening and Landscaping Services Award 2020
- Gas Industry Award 2020
- General Retail Industry Award 2020
- GrainCorp Country Operations Award 2015
- Graphic Arts, Printing and Publishing Award 2020
- Hair and Beauty Industry Award 2020
- Health Professionals and Support Services Award 2020
- Higher Education Industry-Academic Staff-Award 2020
- Higher Education Industry-General Staff-Award 2020
- Horse and Greyhound Training Award 2020
- Horticulture Award 2020
- Hospitality Industry (General) Award 2020
- Hydrocarbons Field Geologists Award 2020
- Joinery and Building Trades Award 2020
- Journalists Published Media Award 2020
- Labour Market Assistance Industry Award 2020
- Legal Services Award 2020
- Live Performance Award 2020
- Local Government Industry Award 2020
- Mannequins and Models Award 2020
- Manufacturing and Associated Industries and Occupations Award 2020
- Marine Tourism and Charter Vessels Award 2020
- Market and Social Research Award 2020
- Meat Industry Award 2020
- Medical Practitioners Award 2020
- Miscellaneous Award 2020
- Mobile Crane Hiring Award 2020
- Nursery Award 2020
- Nurses Award 2020
- Oil Refining and Manufacturing Award 2020
- Optus Award 2015
- Passenger Vehicle Transportation Award 2020
- Pastoral Award 2020
- Pest Control Industry Award 2020
- Pharmaceutical Industry Award 2020
- Pharmacy Industry Award 2020
- Plumbing and Fire Sprinklers Award 2020
- Port Authorities Award 2020
- Ports, Harbours and Enclosed Water Vessels Award 2020
- Poultry Processing Award 2020
- Premixed Concrete Award 2020
- Professional Diving Industry (Industrial) Award 2020
- Professional Diving Industry (Recreational) Award 2020
- Professional Employees Award 2020
- Racing Clubs Events Award 2020
- Racing Industry Ground Maintenance Award 2020
- Real Estate Industry Award 2020
- Registered and Licensed Clubs Award 2020
- Reserve Bank of Australia Award 2016
- Restaurant Industry Award 2020
- Road Transport (Long Distance Operations) Award 2020
- Road Transport and Distribution Award 2020
- Salt Industry Award 2020
- Seafood Processing Award 2020
- Security Services Industry Award 2020
- Silviculture Award 2020
- Social, Community, Home Care and Disability Services Industry Award 2010
- Sporting Organisations Award 2020
- Storage Services and Wholesale Award 2020
- Sugar Industry Award 2020
- Supported Employment Services Award 2020
- Surveying Award 2020
- Telecommunications Services Award 2020
- Textile, Clothing, Footwear and Associated Industries Award 2020
- Timber Industry Award 2020
- Transport (Cash in Transit) Award 2020
- Travelling Shows Award 2020
- Vehicle Repair, Services and Retail Award 2020
- Waste Management Award 2020
- Water Industry Award 2020
- Wine Industry Award 2020
- Wool Storage, Sampling and Testing Award 2020
Increase to Superannuation Guarantee
Employers should also be aware that the next increase to the Superannuation Guarantee will be from 1 July 2024 which will see another .5% increase to the compulsory superannuation contribution employers need to make. From 1 July 2024 the Superannuation Guarantee will increase to 11.5%. The Superannuation Guarantee is scheduled to be increased by .5% every year until it reaches 12% on 1 July 2025.
Members can contact the Business Advice Hotline on (08) 8300 0000 (select option 1) for advice.
