Superannuation Case 2025 (No 4) [2025] NSWIRComm 1071 (28 August 2025)

(1) Pursuant to section 52 of the Industrial Relations Act 1996 (NSW), the NSW Public Sector and Local Government Employees Minimum Conditions of Employment (Superannuation) Award 2025 is made in the form at Annexure A of this decision with effect from 1 September 2025.

NSW Public Sector and Local Government Employees Minimum Conditions of Employment (Superannuation) Award 2025

1.1. This Award takes effect from 1 September 2025 and will remain in force for three years from the commencement date.

2.1.2. Public Service Association and Professional Officers Association Amalgamated Union of New South Wales,

2.1.6. New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union,

2.1.7. Development and Environmental Professionals' Association,

3.1. This Award applies to all employees who can be covered by an award made by the Industrial Relations Commission of NSW under the Industrial Relations Act 1996 (NSW) (the Act) and their employers.

3.2. Where another award or enterprise agreement made pursuant to the Act (industrial instrument) applies to a group of employees covered by this Award the following interaction rules apply:

3.2.1. if the other industrial instrument expressly displaces the entirety of this Award then this Award will have no application to those employees;

3.2.2. if the other industrial instrument expressly displaces one or more provisions of this Award then:

3.2.2.1. this Award will not apply to those employees covered by the other instrument in relation to those provisions,

3.2.2.2. but the balance of this Award will apply to those employees; and

3.2.3. If subclauses 3.2.1 and 3.2.2 do not apply, and the other industrial instrument is silent as to its interaction with this Award, then:

3.2.3.1. if the application of the other industrial instrument is inconsistent with the application of this Award, the other industrial instrument applies to the extent of the inconsistency; and otherwise

4.1.1. Superannuation legislation deals with the superannuation rights and obligations of employers and employees and includes:

4.1.1.1. the Superannuation Guarantee (Administration) Act 1992 (Cth);

4.1.1.2. the Superannuation Guarantee Charge Act 1992 (Cth);

4.1.1.3. the Superannuation Industry (Supervision) Act 1993 (Cth);

4.1.1.4. the Police Regulation (Superannuation) Act 1906 (NSW);

4.1.1.5. the Superannuation Act 1916 (NSW);

4.1.1.6. the State Authorities Superannuation Act 1987 (NSW);

4.1.1.7. the State Authorities Non-contributory Superannuation Act 1987 (NSW);

4.1.1.8. the Aware Super Act 1992 (NSW); and

4.1.1.9. section 124 of the Industrial Relations Act 1996 (NSW).

4.1.2. The rights and obligations in this clause supplement those in superannuation legislation.

4.2.1. An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under Commonwealth superannuation legislation with respect to that employee.

4.2.2. In this clause, a reference to "Commonwealth superannuation legislation" is a reference to Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Guarantee Charge Act 1992 (Cth), and Superannuation Industry (Supervision) Act 1993 (Cth).

4.3.1. The obligation to make contributions for an employee under this Award does not apply to an employer to the extent that:

4.3.1.1. the employer has made a charge payment (within the meaning of section 63A of the Superannuation Guarantee (Administration) Act 1992 (Cth)) in respect of the employee under Part 8 of that Act; and

4.3.1.2. the employee is a benefiting employee (within the meaning of that Part); and

4.3.1.3. the Commissioner of Taxation is required to pay, or otherwise deal with, a shortfall component (within the meaning of that Part) for the benefit of the employee under that Part.

5.1. Where an employee is covered by another industrial instrument with a dispute resolution procedure clause, that clause applies.

5.2. Where an employee is not covered by an industrial instrument with a dispute resolution procedure, all grievances and disputes are to be dealt with by the dispute resolution procedure set out below.

5.2.1. An employee and/or their industrial representative will raise the dispute or grievance in writing with their supervisor, principal, or manager.

5.2.2. The supervisor, principal or manager is to discuss the matter with the employee and/or their industrial representative as soon as is practicable.

5.2.3. If the matter cannot be resolved through discussion, the employee and/or their industrial representative can raise the issue with a more senior supervisor, principal or manager to resolve the matter, who is to respond as soon as is practicable.

5.2.4. If the matter is not resolved through such steps, either the employer, the relevant industrial organisation or a State peak council may notify a dispute to the Industrial Relations Commission.

29 August 2025 - Clause 2.1 of Annexure A amended, pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (the "slip" rule) and r 9.4 of the Industrial Relations Commission Rules 2022, to include parties inadvertently omitted (New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, Development and Environmental Professionals' Association, Local Government Engineers' Association, Health Secretary, Transport Secretary, Education Secretary and Commissioner of Police) and to delete "Amalgamated Union of New South Wales".

[1] [2025] NSWIRComm 1064.