The Fair Work Commission (FWC) has published a significant Full Bench decision finalising variations to 25 modern awards and a further 125 draft determinations varying superannuation obligations under the Fair Work Act 2009 (Cth). These changes will impact HR, payroll, onboarding and broader compliance processes across numerous industries.
This review, commenced by the FWC in August 2025, examined three key areas:
1. Mandatory Employer Contributions Clause – Award Variations Finalised
Under s 149B of the Fair Work Act, all modern awards must contain an “Employer Contributions” clause.
The Commission has now:
- Inserted the standard clause into nine pre-2014 awards that have not been reviewed since their creation;
- Inserted the clause into six enterprise awards made after 1 January 2014, correcting omissions that should have been included automatically under s 149B;
- Replaced a non-compliant clause in the Reserve Bank of Australia Award 2016.
The Commission also declined union proposals to expand employer contribution obligations beyond the statutory superannuation guarantee, confirming that such changes require a separate application under s 158.
2. NES Definition Updated Across Nine “Plain Language” Awards
Nine awards drafted under the FWC’s “plain language” initiative contained an outdated definition of the National Employment Standards (NES).
These awards will now be updated to reflect the correct NES definition, expressly including “superannuation contributions (Division 10A)” as required under s 61(2). This ensures consistency between the Act and the award framework and removes previous uncertainty.
3. Major Audit and Correction of Default Superannuation Fund Names
The Full Bench identified numerous awards containing obsolete or incorrect superannuation fund references. Key outcomes include:
- Updating fund names to reflect current APRA-registered names,
- Removing defined benefit funds that are prohibited from being listed under ss 149D or 155A,
- Deleting obsolete, merged or non-APRA registered funds (including the AMP Superannuation Savings Trust),
- Replacing outdated fund references (e.g., Meat Industry Employees Superannuation Fund → CareSuper),
- Ensuring consistent naming conventions across all awards (APRA name + trading name).
The Commission has issued 125 draft determinations for consultation on these changes.
What Employers Should Do Now
1. Effective 10 December 2025
Award variations concerning the Employer Contributions clause and NES definition will take effect. Check your award to view the variation
2. Consultation Deadline
Submissions on the draft changes to default superannuation funds listed in awards close at:
12:00 pm (AEDT), 19 December 2025.
3. Internal Review Recommended
Employers should now review:
- Default superannuation fund arrangements
- Onboarding and induction documentation
- Award-covered employment contracts
- HR and payroll compliance policies
to ensure consistency with award variations
Failure to comply with updated award-based superannuation obligations exposes employers to:
- Superannuation Guarantee Charge (SGC) liabilities
- Civil penalties
- Fair Work Ombudsman compliance action
If you have any questions, feel free to contact Maguire Legal here