ARTICLE · 31 OCTOBER 2008

Superannuation And The Award Modernisation Process

Norton Rose Fulbright Australia

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The Australian Industrial Relations Commission (AIRC) has the significant task of modernising awards.

AustraliaEmployment and HR

Stuart Kollmorgen (Formerly With Norton Rose Fulbright Australia)

Evan Mentiplay

Carolyn Symons

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The Australian Industrial Relations Commission (AIRC) has the significant task of modernising awards. This process is scheduled for completion by 31 December 2009, to coincide with the implementation of Fair Work Australia. The purpose of the award modernisation process is to provide a simpler system of workplace regulation, primarily achieved by implementing national industry-based awards cobbled together from existing Federal Awards and the host of state awards brought into the Federal industrial regime as Notional Agreements Preserving State Awards (NAPSAs) at commencement of Work Choices in March 2006.

Section 576J of the Workplace Relations Act 1996 (Cth) (the Act) sets out a list of 10 matters that may be dealt with by modern awards. Section 576J(1)(i) states that a modern award may include terms about superannuation. Originally, it was conceived that superannuation terms in awards would cease to be allowable award terms on 1 July 2008, thereby giving all

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