How does the Award note route chosen and stapled funds?
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Quick explanation
Previously reviewed explanation — check official wording before use
The Award note says employees generally choose a fund; if a new employee does not choose, the employer asks the ATO for any stapled fund and contributes there if provided.
Check the conditions
- With neither choice nor stapled fund, the note permits a nominated Award fund able to accept the employee.
- The note warns that a MySuper product closed to new members after two consecutive APRA performance-test failures may not accept a new beneficiary.
Exceptions
- This is the Award’s statutory-source navigation note; confirm current legislation before treating it as a complete fund-selection process.
Read the official wording and citations
Meat Industry Award 2020 — FWC Award text hosted by the Fair Work Ombudsman
FWC · MA000059 · Clause 21
21. Superannuation
[Varied by PR771335, PR794753]
21.1 Superannuation legislation
[21.1 substituted by PR771335 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 21 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
21.2 Employer contributions
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 superannuation legislation with respect to that employee.
21.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 21.3(a) or 21.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or 21.3(b) was made.
21.4 Superannuation fund
[21.4 varied by PR771335; substituted by PR794753 ppc 23Jan26]
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) Australian Meat Industry Superannuation Trust;
(b) HOSTPLUS Superannuation Fund;
(c) CareSuper;
(d) Australian Retirement Trust;
(e) Team Superannuation Fund;
(f) AustralianSuper;
(g) 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
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime, Shiftwork and Penalty Rates
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- Official document
- Meat Industry Award 2020 — FWC Award text hosted by the Fair Work Ombudsman ↗
- Version
- This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2026 (PR799280, PR799339 and PR799495). ↗
- Citation verified
- Operative note
- This entry explains the current consolidated text. A consolidation or capture date does not establish when a term commenced; earlier accrued rights are preserved by clause 1.3.