Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. In these proceedings, the Commission has acted on its own initiative. On 28 April 2025, the Registrar issued a Summons to Show Cause, which invited parties to show cause as to:

1) Whether the Commission should take action pursuant to Chapter 2, Part 3 of the Industrial Relations Act 1996 (NSW) to set a model superannuation clause for public sector awards in New South Wales.

2) If the Commission should set a model superannuation clause, whether such a clause should be modelled on any of the six categories of superannuation clauses in federal modern awards, as classified in "Background Document 3 - Award Superannuation Clauses by Category" and varied by the Full Bench of the Fair Work Commission in Re Variation of Modern Awards on the Commission's Own Motion - Modern Award Superannuation Clause Review. [1]

3) Alternatively, the appropriate wording for a model superannuation clause.

4) Whether any State Decision setting a model superannuation clause for public sector awards should apply generally to all public sector awards or only to particular awards.

2. Submissions were filed by:

1) Unions NSW, as the State peak council for employees and on behalf of affiliated unions;

2) The Industrial Relations Secretary, on behalf of the Secretaries of NSW Government agencies and departments; and

3) Local Government industrial parties jointly, constituted of Local Government NSW, NSW Local Government, Clerical, Administrative, Energy, Airline and Utilities Union, Local Government Engineers' Association, and Development and Environmental Professionals Association.

3. There is no need to summarise all the submissions at this stage. Unions NSW in its primary submissions sought clauses that would:

1) Recognise certain superannuation legislation (clause X.1);

2) Place obligations on an employer to make contributions to a superannuation fund for the benefit of an employee, so as to avoid having to pay the superannuation guarantee charge under superannuation legislation, as well as to comply with the obligations under the legislation listed in clause X.1 if the employee is a member of a superannuation scheme established under such legislation (clause X.2);

3) Extend the obligation in clause X.2 to make superannuation contributions in respect of certain types of leave, in a manner consistent with some Federal awards (clause X.3).

4. At the directions hearing on 16 June 2025, Unions NSW on behalf of all unions identified it would be appropriate for the Full Bench to first determine clauses X.1 and X.2 and reserve the question of clause X.3 to be considered at a later time.

5. Unions NSW sought without opposition an opportunity to file a further submission on one aspect of the Industrial Secretary's reply submission.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1977b71a37054de853e276f9)

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