TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 62808-1

DEPUTY PRESIDENT SAMS

AM2011/47

s.158 - Application to vary or revoke a modern award

Application by NGS Super Pty Ltd
(AM2011/47)
Banking, Finance and Insurance Award 2010

(ODN AM2008/16)
[MA000019 Print PR986360]]




Sydney

10 AM, MONDAY, 12 SEPTEMBER 2011

PN1

THE DEPUTY PRESIDENT: Can I have the appearances?

PN2

MR N. CHADWICK: If it please your Honour. My name is Chadwick. I seek permission to appear for NGS Super. With me, from the business, is Ms Andrews, if it please.

PN3

THE DEPUTY PRESIDENT: Yes. Well, no-one can object to your appearance so permission is granted.

PN4

MR CHADWICK: Your Honour, this an application to vary clause 21 of the Banking and Finance Insurance Award 2010. It might be described as a very uncomplicated application. Clause 21 of the award is effectively the superannuation clause. Clause 21.4 lists a series of default superannuation funds and at clause 21.4(1) is a reference to QSuper.

PN5

Perhaps if I just go back in time a fraction just for your Honour’s and the tribunal’s benefit, on 21 September 2009, a Full Bench of the Australian Industrial Relations Commission in fact varied the modern award by granting an application that had been made on 9 July 2009 whereby QSuper sought to be included as a default fund in the modern award.

PN6

Effectively, your Honour, the application before you really amounts to the replacement of the name QSuper with NGS Super, those two organisations having merged on 31 March 2011. We would submit to the tribunal that the application has been made in accordance with the Act and we seek for the tribunal to grant the application as sought. If it please.

PN7

THE DEPUTY PRESIDENT: Does the Act require notification to anybody other than - well, anybody ?

PN8

MR CHADWICK: I’m not sure in this sense: the application was made to the tribunal and then as I understand it, it could be that directions might then be made by Fair Work to other interested parties. I think what occurs these days - and I might be wrong about this, but certainly in respect of this application and any other application, the tribunal notifies relevant parties, and anybody for that matter, on its Internet, and that’s how, as I understand it, your Honour, parties are effectively advised about the application.

PN9

THE DEPUTY PRESIDENT: I see. I note that this fund is in the education and finance sector.

PN10

MR CHADWICK: Yes.

PN11

THE DEPUTY PRESIDENT: Is it predominantly in one or the other?

PN12

MR CHADWICK: As it then was, that is prior the merge. NGS was predominantly the education sector. However, with the coming together of the two businesses, it has become a mix.

PN13

THE DEPUTY PRESIDENT: I see, and there’s no impact at all on the superannuation arrangements for those that were covered, or may be covered, by the companies?

PN14

MR CHADWICK: QSuper itself was, and is, named as a default fund within the modern award so effectively the coming together of the two businesses continues that arrangement for those members of QSuper who have chosen QSuper as its default fund.

PN15

THE DEPUTY PRESIDENT: Yes, but I’m asking more about the entitlements of members. They don’t change at all, do they?

PN16

MR CHADWICK: In relation to the application made?

PN17

THE DEPUTY PRESIDENT: Yes, and the merger.

PN18

MR CHADWICK: When you say - - -

PN19

THE DEPUTY PRESIDENT: My point is in effect I presume effectively nothing changes for the members of either fund.

PN20

MR CHADWICK: Not at all, other than - and it’s effectively, your Honour, a name change.

PN21

THE DEPUTY PRESIDENT: Yes, all right. In those circumstances then, Mr Chadwick, I propose to vary the modern award as requested by varying the award to include now the default superannuation fund known as NGS Super in clause 21.4.

PN22

MR CHADWICK: Yes, your Honour. I think the application sought is in fact to effectively replace - - -

PN23

THE DEPUTY PRESIDENT: QSuper.

PN24

MR CHADWICK: - - - QSuper with the name NGS Super, which appears at 21.4(i) of the award.

PN25

THE DEPUTY PRESIDENT: All right. Thank you. The order varying the award to that effect shall take effect on and from today’s date?

PN26

MR CHADWICK: Yes, your Honour. Thank you.

PN27

THE DEPUTY PRESIDENT: Yes. Thank you. The matter is concluded on that basis.

<ADJOURNED INDEFINITELY [10.06AM]