Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012 (171 of 2012)

Schedule 4   Modern awards and enterprise agreements

Part 1   Amendments

Fair Work Act 2009

5   At the end of Subdivision C of Division 3 of Part 2-3

Add:

149A Superannuation contributions for defined benefit members

(1) A modern award must include a term that permits an employer covered by the award to make contributions to a superannuation fund or scheme in relation to a default fund employee who is:

(a) covered by the award; and

(b) a defined benefit member of the fund or scheme.

Note: An employer may make contributions under this term even if the superannuation fund or scheme to which the contributions are made is not specified in the modern award because of section 155A.

(2) An employee is a default fund employee if the employee has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992.