DECISION

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—Fast Food Industry Award 2010, Hospitality Industry (General) Award 2020, Fitness Industry Award 2020, Restaurant Industry Award 2020
(AM2021/83)

Section 160 of the Fair Work Act 2009 (Cth) – Fast Food Industry Award 2010 – Hospitality Industry (General) Award 2020 – Fitness Industry Award 2020 – Restaurant Industry Award 2020.

[1] On 18 November 2021, the United Workers’ Union (UWU) applied to the Commission seeking to vary the specification of “Intrust Super” as a named fund for the purpose of employee superannuation contributions to that of “Hostplus” in 4 awards.

[2] The awards are the Fast Food Industry Award 2010, Hospitality Industry (General) Award 2020, Fitness Industry Award 2020 and Restaurant Industry Award 2020.

[3] The applications seek to vary the following award clauses:

•  clause 21.4(c) of the Fast Food Industry Award 2010 by deleting “Intrust Super” and inserting “Hostplus”;

•  clause 27.4(c) of the Hospitality Industry (General) Award 2020 by deleting “InTrust Super” and inserting “Hostplus”;

•  clause 18.4(g) of the Fitness Industry Award 2020 by deleting “Intrust” and inserting “Hostplus”; and

•  clause 22.4(b) of the Restaurant Industry Award 2020 by deleting “InTrust Super” and inserting “Hostplus”.

[4] As part of the applications, the UWU informed the Commission that Hostplus and Intrust Super announced their intention to merge on or about 21 May 2021. This merger was formalised on 26 November 2021. Hostplus is the successor superannuation fund and Intrust Super has ceased to operate.

[5] A Statement and draft determinations were published on the Commission’s website on 24 November 2021. The Statement advised that my provisional view was to vary the awards as set out in the draft determinations, and that if no submissions opposing the variations were received, final determinations would be issued.

[6] Submissions opposing the provisional view were required to be filed by 8 December 2021. No submissions were received.

[7] Pursuant to s.160 of the Act, the awards will be varied as proposed by the UWU.

[8] The determinations will be issued separately.

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