Fair Work Act 2009

s 160—Variation of modern award to remove ambiguity or uncertainty or correct error

Modern award superannuation clause review 2025

(AM2025/1)

Vehicle Repair, Services and Retail Award 2020

[MA000089]

Variation on the Commission’s own initiative – superannuation provisions in modern awards – updating names of default superannuation funds – modern award varied.

A. Further to the decision [[2026] FWCFB 6] issued by the Full Bench on 16 January 2026, the above award is varied as follows:

1. By deleting clause 21.4 and inserting the following:

21.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) AustralianSuper;

(b) Team Superannuation Fund;

(c) CareSuper;

(d) HOSTPLUS Superannuation Fund;

(e) Retail Employees Superannuation Trust (REST);

(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(g) a superannuation fund or scheme which the employee is a defined benefit member of.

2. By updating the cross-references accordingly.

B. This determination comes into operation on 23 January 2026. In accordance with s 165(3) of the Fair Work Act 2009 (Cth) this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 23 January 2026.

PRESIDENT

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