STATEMENT

Fair Work Act 2009
s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s Own Motion—Hospitality Industry (General) Award 2020
(AM2021/79)

Section 160 of the Fair Work Act 2009 (Cth) - variation on the Commission’s own motion - Hospitality Industry (General) Award 2020 - provisional view to vary clause 27.4(d).

[1] On 30 September 2021 AustralianSuper informed the Commission of the forthcoming merger of Club Plus Superannuation Scheme (‘Club Plus Super’) and AustralianSuper, expected to occur on 1 December 2021.

[2] On completion of the merger Club Plus Super as presently referred to in clause 27.4(d) of the Award will no longer operate.

[3] AustralianSuper has requested that the Commission exercise its power under section 160(2)(a) of the Act to vary the Award to remove an ambiguity or uncertainty arising from the merger.

[4] It is my provisional view that clause 27.4(d) of the Award should be varied in accordance with the draft determination issued with this Statement.

[5] Any submission opposing the provisional view should be filed by 4:00pm (AEDT) on Friday 22 October 2021. Submissions should be sent to amod@fwc.gov.au.

[6] If no submissions are filed opposing the provisional view a final determination in the form set out in the draft determination will be issued.

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