Response

(Publication date)

Hansard p. 9

10 February 2022

Hansard p. 25

10 February 2022

CHAIR: Ms Cole, let me ask you one last question. At any point did any of the legal advice that you took or any representations put forward to you—because we know you were talking to the trustees a lot and you had round tables with the trustees. With all these conversations going on between the regulators and the trustees who have benefited from this arrangement, did anyone at any point at any time in any court case go, 'Hey, should there be someone here making the argument for members?'
…
Ms Cole: I have to correct the premise, I'm afraid. In those roundtables, which were before my time, there were representatives from a complete range of people across the industry, including the FRC, who were fully informed, and others, across all different types of stakeholders.

CHAIR: Ms Cole, maybe you can provide us with the list of roundtables you had and who the stakeholders were and how many you had. The evidence in front of the committee—

Ms Cole: I'd certainly be happy to do that.

Hansard p. 26

10 February 2022

Written

Response

(Publication date)

CHAIR: Do you have data of the share of shares or ownership that your members have over publicly listed entities?

Ms Davidson: It varies from company to company, as you would expect.

CHAIR: Sure.

Ms Davidson: Roughly speaking, you could say our members usually own around about 10 per cent of most listed companies.

CHAIR: How do you come up with that number?

Ms Davidson: From time to time we survey our members about what their holdings are.

CHAIR: Obviously, if that's the average, it means there are plenty of entities that own a lot more than 10 per cent, as well as ones that would own less than 10 per cent. That's correct?

Ms Davidson: It doesn't vary that much from 10 per cent, to be frank with you. Ed might be able to give a clearer picture of that. Usually the range is would go from around six to 12. That's more likely.

Mr John: It will often depend on liquidity of the company, as with the index, depending on how many shares are available. As Louise says, in some cases it's lower, and that may be via the company not being widely held, and for others you may get instances where it's 15 per cent or even 20 if there's strong support for a particular stock.

CHAIR: For clarity, you have data on this? Could you give us advice on what the largest shareholding is of the ownership of publicly listed entities amongst your members? You can take it on notice.

Ms Davidson: We would need to take it on notice. I ought to also say that we collect this data once a year just to give us an indication. As you would imagine, the members are trading in and out of stocks all the time, so we don't have up-to-date data all the time.

CHAIR: Let's go with the last five years so that at least we can see what the largest share is. One year the largest is 20 per cent, the next year it might be 22, the next year it might be 18. Fact based data on what the largest share is—I would have thought that's fine.

Ms Davidson: Yes.

CHAIR: And a time stamp of when it's provided. When is that data provided? You survey it when?

Ms Davidson: Ed, I will have to defer to you on that.

Mr John: 31 December is generally the time. As with any market data, the day you collect it, it's already dated depending on where trading moves after that.

CHAIR: Sure. But you accept it as indicative?

Mr John: Absolutely.

Hansard pp. 3-4

20 November 2020

(18 December 2020)
(PDF130KB)

Response

(Publication date)

For low-balance inactive superannuation accounts rolled into the ATO:

(a) Where are those funds held within the ATO?

(b) How are they itemised, i.e. by the name of the holder and the value when it was transferred into the ATO?

(c) How are those funds invested?

(d) What is the return on investment for those funds for the past decade?

(e) How are returns on investment for those funds applied to balances, if at all?

(f) When Australians are reunited with these funds is it at value transferred or at value transferred with growth?

(18 December 2020)
(PDF67KB)

Response

(Publication date)

I understand the chair has written in similar terms to ASIC. Can I ask the representatives of ASIC: has the chair referred to you any questions of conflict of interest by retail funds?

(3 July 2020)(PDF40KB)

(3 March 2022)
(PDF91KB)

Response

(Publication date)

Over the last five financial years:

a. What is the total budget for all costs associated with the fund?

b. What were the total assets under management?

c. What are the total number of employees?

d. What are the total number of contractors?

e. What are the total number of externally hired contracts, and their value?

Responses to questions 1-50

(22 April 2020)
(PDF1,646KB)

Over the last five financial years:

a. What is the total number of member accounts?

b. What is the total increase in the number of members as a result of the fund’s default status?

c. What is the total increase in the number of members through voluntary adoption or switching?

d. What was the average member balance?

e. What was the average dollar amount deducted in insurance fees per member, across all fund products in dollar terms and as a share of a member account?

f. What was the total number of inactive accounts? (Please use the APRA definition: no contributions for two years)

Over the last five financial years:

a. What was the average dollar amount deducted for administration and asset management fees per member, across all fund products? (please do not include insurance fees)

b. What was the cost (%) of fund administration expenses as a proportion of funds under management?

c. What was the total cost of in-house administration expenses?

d. What was the cost of in-house administration expenses as a proportion of funds under management?

e. What was the total cost of any external administration expenses?

f. What was the cost of any external administration expenses as a proportion of funds under management?

g. What was the total cost of any external administration expenses to Related Parties?

h. What was the cost of any external administration expenses to Related Parties as a proportion of funds under management?

i. How many staff are employed in roles considered part of the administrative cost?

Over the last five financial years:

a. The number of rollover requests that the fund did not pay out to another fund for each year?

b. The average dollar value of a rollover for each year?

c. The value of any clawback accounts and/or funds held that is used to hold funds between financial years?

In the context of building investments:

a. Have you completed assessments of the prevalence of flammable cladding across some properties?

b. Have you completed assessments of the prevalence of flammable cladding across all properties?

c. Have you taken any remediation to reduce your exposure to risk to identify flammable cladding, and if so, what?

d. Have you taken any remediation to reduce your exposure to risk to remove flammable cladding, and if so, what?

e. Do you hold any properties where insurance has been refused or are uninsured due to defective building construction such as cladding?

Governance:

a. How many trustee board members did the fund have?

b. What was the total salary of all trustee board members?

c. What was the average salary of all trustee board members?

d. Are there any performance-based assessments that determine trustee board remuneration, and if so what are they?

e. What was the salary of the trustee board chair?

f. What was the average length of service of all trustee board members?

g. What is the length of service of the longest serving trustee board member?

h. Are trustee board members asked whether they have conflicts of interest at each meeting, and if not, why not?

i. What is the conflict of interest policy for trustee board members?

j. Does your fund have a policy on gender diversity and/or balance for listed companies?

k. Does your board have gender balance?

In the context of the ACCC’s legal action and question for competition in monopoly infrastructure entities:

a. What are the implications for infrastructure investment returns if the ACCC is successful in its legal action?

b. Have you analysed your infrastructure investment portfolio to examine the risk of ACCC action to reduce anti-competitive monopoly of oligopoly pricing?

c. If so, can you provide details of the likely impact, and what is the project impact on revenue and income?

In dollar terms, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

As a percentage of the value of the member account, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

For the past five years:

a. What was the total cost of all advertising and/or marketing?

b. What was the total cost of all advertising and/or marketing per member?

c. What was the total cost of all advertising per new (FY19) member?

d. What was the total cost of all television advertising and/or marketing?

e. What was the total cost of all radio advertising and/or marketing?

f. What was the total cost of all print advertising and/or marketing?

g. What was the total cost of all online advertising and/or marketing?

h. How many in-house staff are employed in advertising and marketing roles?

i. How much was spent on engaging external advertising and marketing consultants?

j. Do you advertise and/or directly financial contribute to the New Daily?

How much money have you spent on advertising on the following platforms in the past decade:

a. Google?

b. Facebook?

c. Twitter?

d. Instagram?

e. A non-Google search engine?

f. Any social media platform that is not mentioned in (b) – (d)?

Can you provide details if you have purchased the following over the past decade:

a. Google advertisements

b. Google search terms.

How will the overall fund performance be affected if:

a. The income return of unlisted assets declines?

b. The fund can no longer purchase unlisted assets onshore?

c. The fund can no longer purchase unlisted assets offshore?

Valuation methodologies:

a. Have you compared your valuation methodologies and assumptions for unlisted assets with other superannuation funds, and if so, what are the differences?

b. Are you confident that your valuation methodologies and assumptions for unlisted assets reflect their value to the fund, and how often are they reviewed?

c. How do you compare your valuations to listed investments, including, but not limited to, whether there is a cross check to stock prices for similar assets?

d. Have you ever calculated whether there would be a difference between valuations if unlisted assets were listed?

a. How many unlisted assets do you hold in the fund?

b. What value share are unlisted assets of the fund’s:

i. total value?
ii. total property value?

Discount rates:

a. For unlisted assets, do you use a consistent discount rate for income across all unlisted assets, or an asset-specific discount rate?

b. What is the discount rate you apply to the income from unlisted assets, and has it changed over the past decade, and if so, when and why?

Over the past decade:

a. Have you ever devalued an unlisted asset?

b. Have you ever devalued an unlisted asset by more than $10 million?

c. Have you ever devalued an unlisted asset by more than $50 million?

d. Have you ever devalued an unlisted asset by more than $100 million?

e. Please advise the companies and/or individual valuers that have valued your unlisted assets.

For each year of the past decade:

a. How many superannuation customers do you have?

b. How many financial planners do you have in total numbers, and as a superannuation customer to financial planner ratio?

c. How many financial advisers do you have in total numbers, and as a superannuation customer to financial planner ratio?            

For each year of the past decade:

a. How much is charged for financial planning annually to fund members, and what is the average per superannuation customer?

b. How much is charged for financial planning annually to funds, and what is the average per superannuation customer?

c. How much is charged for financial advice annually to fund members, and what is the average per superannuation customer?

d. How much is charged for financial advice annually to funds, and what is the average per superannuation customer?

For each year of the past decade:

a. What is the cost of general advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for general advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of scaled advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for scaled advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of comprehensive advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for comprehensive advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of intra-fund advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for intra-fund advice, and what is the average per adviser?

Over the past five years:

a. How many employees have been cautioned for misconduct?

b. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct?

c. How many employees have been terminated for misconduct?

d. How many employees have been cautioned for misconduct, as a share of all employees over that timeframe?

e. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct, as a share of all employees over that timeframe?

f. How many employees have been terminated for misconduct, as a share of all employees over that timeframe?

Responses to questions 51 - 60

(17 June 2020)
(PDF823KB)

Listed companies holding infrastructure assets have had write downs of around 40 per cent:

a. How does this compare to your write down of unlisted assets?

b. If there is a difference, why is there a difference?

Have you had any liquidity issues in honouring your obligations to members as a result of the:

a. recent decline in the share market?

b. permission by the Federal government to allow members to remove up to $10,000 per financial year if they lose their job?

Liquidity management:

a. What is your fund’s process for complying with APRA’s prudential framework which requires trustees to have a liquidity management plan?

b. How is the plan being reported to the trustee directors?

c. Who is responsible for the day-to-day liquidity management for the fund?

Since 12 March 2020, has your fund provided any liquidity to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Responses to questions 61 - 62

(17 June 2020)
(PDF155KB)

Since 12 March 2020, has your fund loaned any cash to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Attachments

(28 July 2020)(PDF294KB) 

Since 1 January 2020, for each fund, please outline:

a. The date and value at the highest valuation of the fund?

b. The date and value at the lowest valuation of the fund?

c. The number of business days between the highest and lowest valuation for the fund?

d. The nominal value between the highest and lowest valuation for the fund?

e. The percentage value between the highest and lowest valuation for the fund?

f. The number of business days between the date of the ASX’s lowest valuation, and the lowest day for the valuation of the fund?

g. The number of business days between the date of the ASX’s lowest valuation, and the lowest valuation of unlisted assets in the fund?

h. What volume of switching of investments occurred between funds between the highest and lowest valuations?

i. What volume of switching between funds occurred in that time by trustees of the fund that are also members of the fund, between the highest and lowest valuations?

j. What volume of switching between funds occurred in that time by executives of the fund that are also members of the fund, between the highest and lowest valuations?

k. What volume of switching between funds occurred in that time by other employees of the fund that are also members of the fund, between the highest and lowest valuations?

l. What integrity measures were taken to prohibit trustees, executives and employees switching between funds from taking advantage of arbitrage of any gap between the lowest valuation date of the ASX and any revaluation of the fund?

Responses to
questions 80 - 84

(16 September 2020)
(PDF102KB)

On financial advisers providing non-intrafund advice (i.e. comprehensive advice - beyond the scope of intrafund advice) within the fund over the past five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the revenue generated from these non-intrafund advisers?

c. How many financial advisers within the fund also provide intrafund advice?

d. If you have non-intrafund financial advisers within the fund also providing intrafund advice, how is their remuneration determined from different sources?

e. Is there any cross-subsidisation for non-intrafund financial advisers within the fund from activities funded through intrafund advice?

f. Is there any cross-subsidisation for financial advisers from intrafund advice to non-intrafund financial advisers within the fund?

g. What is the total budgeted cost and actuals for financial advisers?

h. What is the remuneration level/range for the financial advisers employed to provide non-intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides financial advice within the fund?

On financial advisers providing intrafund advice (i.e. strictly limited to advice on your super fund for the member only - not spouse) within your fund over the last five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the remuneration level/range for the financial advisers employed to provide intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides intrafund advice?

c. What is the revenue that intrafund advisers have generated?

d. How many financial advisers providing intrafund advice also provide it within the fund?

e. If you have financial advisers providing intrafund advice also providing it within the fund, how is their remuneration determined from different sources?

f. Is there any cross-subsidisation for financial advisers providing intrafund advice from revenue funded through activities within the fund?

g. What is the total budgeted cost and actuals for the intrafund advice unit?

h. What is the revenue generated from these financial advisers?

i. Within your fund, is there any cross-subsidisation for intrafund advice services?

Do you allow members to use their funds to pay for:

a. Financial advice?

b. Internal financial advisers?

c. External financial advisers?

Please advise the total remuneration package of your:

a. company secretary, and

b. Chief Executive Officer, including:

i. total remuneration

ii. base salary

iii. annual bonuses

iv. deferred bonuses

v. equity or other options

vi. additional compensation not covered in the above.

Responses to questions 85 - 103

(4 November 2020)
(PDF209KB)

For each year of the past decade, please advise the:

a. annual remuneration of the average worker who contributes to your fund

b. average annual superannuation contribution from an employee to your fund

c. multiple your CEO is remunerated compared to the annual remuneration of the average worker who contributes to your fund.

In the context of marketing and advertising campaigns:

a. How many is your fund currently running individually, or in collaboration with others?

b. How many have run, or are currently running since the beginning of calendar year 2020?

c. What is the actual cost for each campaign (including development, production, broadcasting, and distribution) to 30 June 2020?

d. What is the actual cost for each campaign (including development, production, broadcasting, and distribution) budgeted?

e. What is the budgeted cost for each campaign (including development, production, broadcasting, and distribution) from 1 July 2020 – 31 December 2020?

f. What is the budgeted cost for any existing or proposed campaigns (including development, production, broadcasting, and distribution) for the period 1 January 2021 – 30 June 2021?

g. What is the budgeted cost for any existing or proposed campaigns (including development, production, broadcasting, and distribution) for the period 1 July 2021 – 31 December 2021?

For each of the following categories, please provide the percentages of employees that are women, men, or who identify otherwise:

a. all employees

b. non-executive employees

c. executive employees

d. senior executive employees.

Do you have a target for the employment of:

a. women as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

b. people who are gender non-binary as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

Since the introduction of Superstream, which has standardised the transfer of funds, has there been:

a. A reduction in the cost to the fund for transferring funds, and if so, by how much?

b. A reduction in the fees charged to members reflecting any saving, and if so, by how much?

Greenhouse gas emissions

a. Does your fund have an internal target for your own greenhouse gas emissions footprint by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

b. Does your fund have a target for reducing greenhouse gas emissions from investments by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

c. Does your fund intend to divest from investments if they do not reach their greenhouse gas emissions reduction targets by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

The New Daily

a. Have you ever completed a cost benefit analysis of The New Daily to your fund?

i. If so, when did you complete this cost benefit analysis?

ii. Please provide a copy of the cost benefit analysis.

b. Have you ever completed a cost benefit analysis of The New Daily to your members?

i. If so, when did you complete your cost benefit analysis of the New Daily to your members?

ii. Please provide a copy of the cost benefit analysis.

Financial advisers remuneration

a. Are your financial advisers paid:

i. a base salary?

ii. non-salaried remuneration, including bonuses?

b. Are your financial advisers, who are only remunerated with a base salary, eligible to provide:

i. personal advice?

ii. general advice?

Have any technology innovations within the fund reduced the cost of operating the fund over the past decade?

If so, please outline:

a. the technological innovations

b. the cost saving

c. the cost saving passed through to fees charged to members.

Valuations

a. What data is provided to valuation teams to assess the value of unlisted assets?

b. When the fund provides data to valuation teams to assess the value of unlisted assets, does this include internal modelling of asset valuations?

c. What assumptions are provided to valuation teams when assessing the value of unlisted assets?

d. When valuation teams assess the value of unlisted assets, do they solely take account of past performance?

e. When valuation teams assess the value of unlisted assets, what weighting do they take on the projected value of the market for such unlisted assets to inform their valuations?

f. For the past decade can you please complete the below table for each unlisted asset valued under your valuation policy.

In the Financial Services Royal Commission documentation an ‘Audit and Risk Management Committee’ paper was compiled for CBUS (‘Review of payments made to sponsoring organisations – Exhibit 5.368).

Please advise how many times, over the last decade, such a paper, or equivalent, has been prepared for:

a. your Board?

b. a Board subcommittee?

c. executive management?

Over the past decade, how many non-disclosure agreements have you agreed to in relation to:

a. human resources issues?

b. sexual harassment issues?

Do you use an internal clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?
If so:

a. What is the name of the clearing house?

b. Why do you use a clearing house?

c. How much does it cost annually to use the clearing house?

d. How much does it cost annually to each member to use the clearing house?

e. What happens to interest accrued from funds held in the clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the clearing house?

Do you use an external clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?
If so:

a. What is the name of the clearing house?

b. Who owns the clearing house?

c. Why do you use an external clearing house?

d. How much does it cost annually to use the external clearing house?

e. How much does it cost annually to each member to use the external clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the external clearing house?

If you use an internal clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

If you use an external clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

In reference to the original publication of the article ‘CEOs push Andrews to reopen faster’ in the Australian Financial Review on 20 October 2020 which states:

Meanwhile, restaurateur Chris Lucas, pub owner and former AFL player Paul Dimattina and CSL chairman Brian McNamee all spoke of repercussions from elements of the labour movement for criticising the state government over the failures which led to the crisis and the subsequent slow pace of reopening the economy. Union-aligned industry superannuation fund managers have pressured Dr McNamee to stop his outspoken criticisms of the state government lockdown, even though he has repeatedly said he is speaking in a personal capacity and not for the company.

In the context of confronting, bullying or intimidatory workplace cultures, please advise:

a. has the Chair of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

b. have board members of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

c. has the CEO of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

d. have senior executives of your fund been in contact through any medium with Dr McNamee or his office since 5 August, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

In dollar terms, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

Responses to questions 105 - 118

(30 March 2021)
(PDF198KB)

In minutes, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

What is your current policy on whether your funds are permitted to invest in:

a. residential property?

b. Build-to-Rent housing?

c. social housing?

Have you ever:

a. completed internal research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

b. commissioned external research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

For the last five financial years, please complete the table for investments across all your funds in all forms of residential property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in Build-to-Rent property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in social housing property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

Please outline your policy on:

a. Fund members using their superannuation fund for a deposit to buy their first home.

b. Retirees using their superannuation to:

i. renovate their home

ii. pay rent.

Within your fund, what percentage of retirees in each of the last five financial years used their superannuation to:

a. renovate their home?

b. clear their remaining mortgage?

Insurance premiums

a. Have you ever deducted insurance premiums from fund members for insurance policies that they are not covered by?

b. Have you ever completed an audit to identify if insurance premiums have been deducted from fund members for insurance policies that they are not covered by?

Material distributed to members

a. Have you ever distributed materials to members that state and/or suggest that:

i. members have coverage under insurance policies that they do not have?

ii. members are required to keep a minimum balance in their superannuation fund?

iii. their employer may be unwilling to contribute to another superannuation fund?

iv. members require a statement of any kind from their employer to move away from your fund?

b. Have you ever completed an audit of materials distributed to members that state and/or suggest that members have coverage under insurance policies that they do not have?

c. Have you ever completed an audit to establish whether you have distributed materials to members that state and/or suggest that:

i. they are required to keep a minimum balance in their superannuation fund?

ii. their employer may be unwilling to contribute to another superannuation fund?

iii. they require a statement of any kind from their employer to move away from your fund?

Please provide as separated data, what the base salary and bonuses were, or are set to be, paid in the 2019/2020 and 2020/21 financial year for your:

a. Chief Executive Officer or equivalent?

b. Chief Investment Officer or equivalent?

Responses to questions 120 - 124

(23 July 2021)
(PDF110KB)

Property investments

a. Do you have any current investments in the National Housing Finance and Investment Corporation? If so, what is the size of your investments?

b. Please provide information on the rental income for any residential property investments held for each year for the last five financial years.

Subscriptions to The New Daily

a. Has your fund ever considered subscribing your members to The New Daily through an opt-out model? If so:

i. Was this proposed initially internally, or externally?

ii. Who proposed it?

iii. Who approved it?

iv. What was the approval process?

v. What legal advice was sought?

vi. On what date did it proceed, or is it proposed to proceed?

b. Have the following groups ever enquired or requested your fund to subscribe your members to The New Daily:

i. Industry Super Holdings?

ii. The New Daily?

What arrangements, including donations, commissions, marketing expenditure or partnerships, do you have that lead to payments to research organisations or ‘think tanks’?
Please provide:

a. Names of the think tanks.

b. Payments made over the last five years.

Response

(Publication date)

Please provide the details of any fund member briefings where it was possible to ask fund managers, executives or directors questions over the past five years.

Responses to questions 1-47

(16 April 2020)(PDF1,920KB)

Over the last five financial years:

a. What is the total budget for all costs associated with the fund?

b. What were the total assets under management?

c. What are the total number of employees?

d. What are the total number of contractors?

e. What are the total number of externally hired contracts, and their value?

a. Does the fund maintain a reserve at least partially funded through insurance premiums, rebates from an insurance company (such as profit share arrangements) or tax benefits that have arisen from insurance?

b. The total value of that reserve?

c. The total value of tax rebates received from the ATO on insurance premiums?

Governance:

a. How many trustee board members did the fund have?

b. What was the total salary of all trustee board members?

c. What was the average salary of all trustee board members?

d. Are there any performance-based assessments that determine trustee board remuneration, and if so what are they?

e. What was the salary of the trustee board chair?

f. What was the average length of service of all trustee board members?

g. What is the length of service of the longest serving trustee board member?

h. Are trustee board members asked whether they have conflicts of interest at each meeting, and if not, why not?

i. What is the conflict of interest policy for trustee board members?

j. Does your fund have a policy on gender diversity and/or balance for listed companies?

k. Does your board have gender balance?

In dollar terms, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

As a percentage of the value of the member account, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

Valuation methodologies:

a. Have you compared your valuation methodologies and assumptions for unlisted assets with other superannuation funds, and if so, what are the differences?

b. Are you confident that your valuation methodologies and assumptions for unlisted assets reflect their value to the fund, and how often are they reviewed?

c. How do you compare your valuations to listed investments, including, but not limited to, whether there is a cross check to stock prices for similar assets?

d. Have you ever calculated whether there would be a difference between valuations if unlisted assets were listed?

Discount rates:

a. For unlisted assets, do you use a consistent discount rate for income across all unlisted assets, or an asset-specific discount rate?

b. What is the discount rate you apply to the income from unlisted assets, and has it changed over the past decade, and if so, when and why?

Over the past decade:

a. Have you ever devalued an unlisted asset?

b. Have you ever devalued an unlisted asset by more than $10 million?

c. Have you ever devalued an unlisted asset by more than $50 million?

d. Have you ever devalued an unlisted asset by more than $100 million?

e. Please advise the companies and/or individual valuers that have valued your unlisted assets

For each year of the past decade:

a. How many fund members do you have?

b. How many financial planners do you have in total numbers, and as a member to financial planner ratio?

c. How many financial advisers do you have in total numbers, and as a member to financial planner ratio?

Responses to questions 63 - 75

(17 June 2020)
(PDF118KB)

Have you had any liquidity issues in honouring your obligations to members as a result of the:

a. recent decline in the share market?

b. permission by the Federal government to allow members to remove up to $10,000 per financial year if they lose their job?

Responses to questions 77 - 90

(28 July 2020)(PDF291KB)

Do you currently have an art collection?

a. If so, can you advise its current valuation?

b. If so, can you advise where it is stored and/or exhibited? 

Do you have a target for the employment of:

a. women as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

b. people who are gender non-binary as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

Responses to
questions 105 - 116

(22 December 2020)
(PDF145KB)

The New Daily

a. Have you ever completed a cost benefit analysis of The New Daily to your fund?

i. If so, when did you complete this cost benefit analysis?

ii. Please provide a copy of the cost benefit analysis.

b. Have you ever completed a cost benefit analysis of The New Daily to your members?

i. If so, when did you complete your cost benefit analysis of the New Daily to your members?

ii. Please provide a copy of the cost benefit analysis.

Financial advisers remuneration

a. Are your financial advisers paid:

i. a base salary?

ii. non-salaried remuneration, including bonuses?

b. Are your financial advisers, who are only remunerated with a base salary, eligible to provide:

i. personal advice?

ii. general advice?

In the Financial Services Royal Commission documentation an ‘Audit and Risk Management Committee’ paper was compiled for CBUS (‘Review of payments made to sponsoring organisations’—Exhibit 5.368).

Please advise how many times, over the last decade, such a paper, or equivalent, has been prepared for:

a. your Board?

b. a Board subcommittee?

c. executive management?

Do you use an internal clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?

If so:

a. What is the name of the clearing house?

b. Why do you use a clearing house?

c. How much does it cost annually to use the clearing house?

d. How much does it cost annually to each member to use the clearing house?

e. What happens to interest accrued from funds held in the clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the clearing house?

If you use an internal clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

In reference to the original publication of the article ‘CEOs push to reopen faster’ in the Australian Financial Review on 20 October 2020 which states:

Meanwhile, restaurateur Chris Lucas, pub owner and former AFL player Paul Dimattina and CSL chairman Brian McNamee all spoke of repercussions from elements of the labour movement for criticising the state government over the failures which led to the crisis and the subsequent slow pace of reopening the economy. Union-aligned industry superannuation fund managers have pressured Dr McNamee to stop his outspoken criticisms of the state government lockdown, even though he has repeatedly said he is speaking in a personal capacity and not for the company.

In the context of confronting, bullying or intimidatory workplace cultures, please advise:

a. has the Chair of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

b. have board members of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

c. has the CEO of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

d. have senior executives of your fund been in contact through any medium with Dr McNamee or his office since 5 August, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

In dollar terms, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

Responses to
questions 121 - 132

(1 April 2021)
(PDF145KB)

In minutes, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

What is your current policy on whether your funds are permitted to invest in:

a. residential property?

b. Build-to-Rent housing?

c. social housing?

Have you ever:

a. completed internal research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

b. commissioned external research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

For the last five financial years, please complete the table for investments across all your funds in all forms of residential property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in Build-to-Rent property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in social housing property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

Please outline your policy on:

a. Fund members using their superannuation fund for a deposit to buy their first home.

b. Retirees using their superannuation to:

i. renovate their home

ii. pay rent.

Within your fund, what percentage of retirees in each of the last five financial years used their superannuation to:

a. renovate their home?

b. clear their remaining mortgage?

Please provide as separated data, what the base salary and bonuses were, or are set to be, paid in the 2019/2020 and 2020/21 financial year for your:

a. Chief Executive Officer or equivalent?

b. Chief Investment Officer or equivalent?

Responses to
questions 136 - 142

(12 August 2021
(PDF175KB)

Property investments

a. Do you have any current investments in the National Housing Finance and Investment Corporation? If so, what is the size of your investments?

b. Please provide information on the rental income for any residential property investments held for each year for the last five financial years.

Subscriptions to The New Daily

a. Has your fund ever considered subscribing your members to The New Daily through an opt-out model? If so:

i. Was this proposed initially internally, or externally?

ii. Who proposed it?

iii. Who approved it?

iv. What was the approval process?

v. What legal advice was sought?

vi. On what date did it proceed, or is it proposed to proceed?

b. Have the following groups ever enquired or requested your fund to subscribe your members to The New Daily:

i. Industry Super Holdings?

ii. The New Daily?

What arrangements, including donations, commissions, marketing expenditure or partnerships, do you have that lead to payments to research organisations or ‘think tanks’?

Please provide:

a. Names of the think tanks.

b. Payments made over the last five years.

According to the Australian Financial Review (IFM’s Tandem leaves workers in the lurch, 7 July 2021), IFM Investors have invested in a business that has left them wholly owning a subsidiary, Tandem Networks, that avoids them paying out the full entitlements of subcontractor. Therefore, if you are an owner of IFM Investors:

a. Do you think it is acceptable that an investment made by your investment vehicle dishonours contractual arrangements with subcontractors?

b. What inquiries have been made to ensure that subcontractors are being paid?

c. What steps do you expect IFM Investors to go through should they not honour entitlements to subcontractors?

d. Would you divest from IFM Investors should they not honour entitlements to subcontractors?

At the House Economics superannuation hearing on 8 July 2021 representatives of Australian Super and CBUS outlined they were not aware that IFM Investors (a company wholly owned by industry funds) had paid a bonus of $12m, and were asked whether they had asked questions about the bonus and the bonus structures within IFM Investors.

According to the Australian Financial Review (IFM Investors gives $12.7m bonus to UK Director, 14 February 2020) a bonus of $12.7 million bonus was paid.
According to the Sydney Morning Herald (A lot of bling: Industry shocked at $36 million bonus allegation, 22 March 2019) bonus structures existed to allow for bonuses of up to $36m to be paid.

Therefore, if you are an owner of IFM Investors, please advise:

a. What inquiries have been made, or will be made, about bonuses of that size with IFM Investors?

b. What information you have sought, or will seek, from IFM investors about bonus structures within IFM Investors?

Response

(Publication date)

The details of the date and location of your annual general meeting for the past five years, and whether fund members were invited to attend.

(PDF107KB)

The name and company of your auditor for the past five years

For the past five years the total value in dollars and as a percentage of the total value of a fund:

a. Listed investments

b. Unlisted investments

c. Total investments.

A copy of your asset valuation policy (covering amongst other things independence of valuation, managing conflicts of interest, frequency of valuation, publication of latest valuation timings to members etc).

(PDF98KB)

Attachment
(PDF2,790KB)

Details of each individual asset currently held at a value other than available listed market prices (an unlisted asset) wholly owned by the fund or funds under your control, including:

a. The asset name and location.

b. The frequency of the revaluation of the asset.

c. The most recent valuation.

d. A copy of that valuation.

e. The methodology used for its valuation.

f. Whether the valuation was completed internally or externally.

g. The details of any external party involved in the valuation.

Details of costs for advertising campaigns for the past five years, including:

a. The companies invited to tender for all or parts of any advertising campaign.

b. The companies awarded campaigns.

c. The total cost of each campaign.

d. The cost of the campaign’s development.

e. Broadcasting (television, radio and internet) and publishing costs.

f. Assessment reports of the efficacy of campaigns in either retaining or gaining new members.

Over the last five financial years:

a. What is the total budget for all costs associated with the fund?

b. What were the total assets under management?

c. What are the total number of employees?

d. What are the total number of contractors?

e. What are the total number of externally hired contracts, and their value?

Responses to questions 12-71

(21 April 2020)(PDF561KB)

Over the last five financial years:

a. What is the total number of member accounts?

b. What is the total increase in the number of members as a result of the fund’s default status?

c. What is the total increase in the number of members through voluntary adoption or switching?

d. What was the average member balance?

e. What was the average dollar amount deducted in insurance fees per member, across all fund products in dollar terms and as a share of a member account?

f. What was the total number of inactive accounts? (Please use the APRA definition: no contributions for two years)

Over the last five financial years:

a. What was the average dollar amount deducted for administration and asset management fees per member, across all fund products? (please do not include insurance fees)

b. What was the cost (%) of fund administration expenses as a proportion of funds under management?

c. What was the total cost of in-house administration expenses?

d. What was the cost of in-house administration expenses as a proportion of funds under management?

e. What was the total cost of any external administration expenses?

f. What was the cost of any external administration expenses as a proportion of funds under management?

g. What was the total cost of any external administration expenses to Related Parties?

h. What was the cost of any external administration expenses to Related Parties as a proportion of funds under management?

i. How many staff are employed in roles considered part of the administrative cost?

Over the last five financial years:

a. The number of rollover requests that the fund did not pay out to another fund for each year?

b. The average dollar value of a rollover for each year?

c. The value of any clawback accounts and/or funds held that is used to hold funds between financial years?

a. Does the fund maintain a reserve at least partially funded through insurance premiums, rebates from an insurance company (such as profit share arrangements) or tax benefits that have arisen from insurance?

b. The total value of that reserve?

c. The total value of tax rebates received from the ATO on insurance premiums?

In the context of building investments:

a. Have you completed assessments of the prevalence of flammable cladding across some properties?

b. Have you completed assessments of the prevalence of flammable cladding across all properties?

c. Have you taken any remediation to reduce your exposure to risk to identify flammable cladding, and if so, what?

d. Have you taken any remediation to reduce your exposure to risk to remove flammable cladding, and if so, what?

e. Do you hold any properties where insurance has been refused or are uninsured due to defective building construction such as cladding?

Governance:

a. How many trustee board members did the fund have?

b. What was the total salary of all trustee board members?

c. What was the average salary of all trustee board members?

d. Are there any performance-based assessments that determine trustee board remuneration, and if so what are they?

e. What was the salary of the trustee board chair?

f. What was the average length of service of all trustee board members?

g. What is the length of service of the longest serving trustee board member?

h. Are trustee board members asked whether they have conflicts of interest at each meeting, and if not, why not?

i. What is the conflict of interest policy for trustee board members?

j. Does your fund have a policy on gender diversity and/or balance for listed companies?

k. Does your board have gender balance?

In the context of the ACCC’s legal action and question for competition in monopoly infrastructure entities:

a. What are the implications for infrastructure investment returns if the ACCC is successful in its legal action?

b. Have you analysed your infrastructure investment portfolio to examine the risk of ACCC action to reduce anti-competitive monopoly of oligopoly pricing?

c. If so, can you provide details of the likely impact, and what is the project impact on revenue and income?

In dollar terms, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

As a percentage of the value of the member account, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

For the past five years:

a. What was the total cost of all advertising and/or marketing?

b. What was the total cost of all advertising and/or marketing per member?

c. What was the total cost of all advertising per new (FY19) member?

d. What was the total cost of all television advertising and/or marketing?

e. What was the total cost of all radio advertising and/or marketing?

f. What was the total cost of all print advertising and/or marketing?

g. What was the total cost of all online advertising and/or marketing?

h. How many in-house staff are employed in advertising and marketing roles?

i. How much was spent on engaging external advertising and marketing consultants?

j. Do you advertise and/or directly financial contribute to the New Daily?

Can you provide details if you have purchased the following over the past decade:

a. Google advertisements

b. Google search terms.

How will the overall fund performance be affected if:

a. The income return of unlisted assets declines?

b. The fund can no longer purchase unlisted assets onshore?

c. The fund can no longer purchase unlisted assets offshore?

Valuation methodologies:

a. Have you compared your valuation methodologies and assumptions for unlisted assets with other superannuation funds, and if so, what are the differences?

b. Are you confident that your valuation methodologies and assumptions for unlisted assets reflect their value to the fund, and how often are they reviewed?

c. How do you compare your valuations to listed investments, including, but not limited to, whether there is a cross check to stock prices for similar assets?

d. Have you ever calculated whether there would be a difference between valuations if unlisted assets were listed?

a. How many unlisted assets do you hold in the fund?

b. What value share are unlisted assets of the fund’s:

i. total value?
ii. total property value?

Discount rates:

a. For unlisted assets, do you use a consistent discount rate for income across all unlisted assets, or an asset-specific discount rate?

b. What is the discount rate you apply to the income from unlisted assets, and has it changed over the past decade, and if so, when and why?

Over the past decade:

a. Have you ever devalued an unlisted asset?

b. Have you ever devalued an unlisted asset by more than $10 million?

c. Have you ever devalued an unlisted asset by more than $50 million?

d. Have you ever devalued an unlisted asset by more than $100 million?

e. Please advise the companies and/or individual valuers that have valued your unlisted assets

For each year of the past decade:

a. How many superannuation customers do you have?

b. How many financial planners do you have in total numbers, and as a superannuation customer to financial planner ratio?

c. How many financial advisers do you have in total numbers, and as a superannuation customer to financial planner ratio?

For each year of the past decade:

a. How much is charged for financial planning annually to fund members, and what is the average per superannuation customer?

b. How much is charged for financial planning annually to funds, and what is the average per superannuation customer?

c. How much is charged for financial advice annually to fund members, and what is the average per superannuation customer?

d. How much is charged for financial advice annually to funds, and what is the average per superannuation customer?

For each year of the past decade:

a. What is the cost of general advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for general advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of scaled advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for scaled advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of comprehensive advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for comprehensive advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of intra-fund advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for intra-fund advice, and what is the average per adviser?

Over the past five years:

a. How many employees have been cautioned for misconduct?

b. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct?

c. How many employees have been terminated for misconduct?

d. How many employees have been cautioned for misconduct, as a share of all employees over that timeframe?

e. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct, as a share of all employees over that timeframe?

f. How many employees have been terminated for misconduct, as a share of all employees over that timeframe?

Listed companies holding infrastructure assets have had write downs of around 40 per cent:

a. How does this compare to your write down of unlisted assets?

b. If there is a difference, why is there a difference?

Have you had any liquidity issues in honouring your obligations to members as a result of the:

a. recent decline in the share market?

b. permission by the Federal government to allow members to remove up to $10,000 per financial year if they lose their job?

Liquidity management:

a. What is your fund’s process for complying with APRA’s prudential framework which requires trustees to have a liquidity management plan?

b. How is the plan being reported to the trustee directors?

c. Who is responsible for the day-to-day liquidity management for the fund?

Since 12 March 2020, has your fund provided any liquidity to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Responses to questions 72 - 85

(24 June 2020)
(PDF2,107KB)

Since 12 March 2020, has your fund loaned any cash to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Regarding any investments you have with IFM Investors, please provide the following:

a. The capital invested each year for the past five years.

b. The accumulated valuation of investments for the past five years.

c. The dividends received from those investments for the past five years.

Regarding any investments you have with ME Bank, please provide the following:

a. The capital invested each year for the past five years.

b. The accumulated valuation of investments for the past five years.

c. The dividends received from those investments for the past five years.

If you are an investor in ME Bank, have you individually (or in collaboration with other funds), ever commissioned reports into its valuation in the past decade?

a. And if so, how many reports and in what year?

b. Were any commissioned to be completed by the UK-based group, LEK?

c. And please provide copies

According to reports in the Australian Financial Review superannuation fund, Hostplus, redefined the definition of ‘illiquid assets’ (‘Hostplus warned of liquidity “perfect storm”’, Australian Financial Review, 18 May 2020). Therefore, can you please advise:

a. How you define ‘illiquid assets’ within your fund, including details of holdings and timeframes?

b. How you define ‘liquid assets’ within your fund, including details of holdings and timeframes?

c. How long each of these definitions have been used?

d. What prompted any switch to these definitions?

e. What the prior definitions were before any switch?

Have you completed a skills audit in the past five years of the following:

a. Your board of directors?

b. Your investment committee?

c. And if not, why not?

d. And if so, presently what gaps are identified?

Prior to appointment, have employees fulfilling fiduciary roles had their investment performance track record assessed before fees?

a. And if not, why not?

b. And if not prior to appointment, have they following appointment?

c. And if so, on what timeframe?

Do you currently have an art collection?

a. If so, can you advise its current valuation?

b. If so, can you advise where it is stored and/or exhibited?

Do you engage proxy advisers?

a. What are the terms of engagement for proxy advisers?

b. To what extent are they empowered to act on behalf of the entity?

c. Does their advice get provided to the board?

d. How often is advice submitted to the board?

e. Is their advice formally adopted by the board?

f. Are their positions publicly stated?

g. How does the board assess these positions concurrent with their duties as trustees and the sole purpose test?

Are you currently, or have you previously been, a member or subscriber of the ACTU Members Connect Program?

a. If so, what is the timeframe of your membership?

b. What has been the annual fee year-on-year?

c. How have you assessed its value to your members?

Please provide the titles of all externally commissioned reports over the past five years that have reviewed any of the following:

a. Performance of funds.

b. Investment strategies for funds.

c. Conflicts of interest for funds.

Responses to
questions 86 - 90

(11 September 2020)
(PDF219KB)

For each fund where more than 30 per cent of capital is managed by another entity, please complete the below table including:

a. The name of the fund.

b. The allocation of capital as a percentage of the total capital held by the fund.

c. The allocation of capital of the total capital held by the fund.

d. The entity managing the capital.

e. Whether you are a shareholder in that entity.

Please provide details of the following reduction to remuneration packages since 11 March 2020:

a. Board members.

b. The chief executive.

c. Executive management.

Since 1 January 2020, for each fund, please outline:

a. The date and value at the highest valuation of the fund?

b. The date and value at the lowest valuation of the fund?

c. The number of business days between the highest and lowest valuation for the fund?

d. The nominal value between the highest and lowest valuation for the fund?

e. The percentage value between the highest and lowest valuation for the fund?

f. The number of business days between the date of the ASX’s lowest valuation, and the lowest day for the valuation of the fund?

g. The number of business days between the date of the ASX’s lowest valuation, and the lowest valuation of unlisted assets in the fund?

h. What volume of switching of investments occurred between funds between the highest and lowest valuations?

i. What volume of switching between funds occurred in that time by trustees of the fund that are also members of the fund, between the highest and lowest valuations?

j. What volume of switching between funds occurred in that time by executives of the fund that are also members of the fund, between the highest and lowest valuations?

k. What volume of switching between funds occurred in that time by other employees of the fund that are also members of the fund, between the highest and lowest valuations?

l. What integrity measures were taken to prohibit trustees, executives and employees switching between funds from taking advantage of arbitrage of any gap between the lowest valuation date of the ASX and any revaluation of the fund?

Responses to
questions 91 - 95

(11 September 2020)
(PDF229KB)

On financial advisers providing non-intrafund advice (i.e. comprehensive advice - beyond the scope of intrafund advice) within the fund over the past five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the revenue generated from these non-intrafund advisers?

c. How many financial advisers within the fund also provide intrafund advice?

d. If you have non-intrafund financial advisers within the fund also providing intrafund advice, how is their remuneration determined from different sources?

e. Is there any cross-subsidisation for non-intrafund financial advisers within the fund from activities funded through intrafund advice?

f. Is there any cross-subsidisation for financial advisers from intrafund advice to non-intrafund financial advisers within the fund?

g. What is the total budgeted cost and actuals for financial advisers?

h. What is the remuneration level/range for the financial advisers employed to provide non-intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides financial advice within the fund?

On financial advisers providing intrafund advice (i.e. strictly limited to advice on your super fund for the member only - not spouse) within your fund over the last five financial years:

b. What is the remuneration level/range for the financial advisers employed to provide intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides intrafund advice?

c. What is the revenue that intrafund advisers have generated?

d. How many financial advisers providing intrafund advice also provide it within the fund?

e. If you have financial advisers providing intrafund advice also providing it within the fund, how is their remuneration determined from different sources?

f. Is there any cross-subsidisation for financial advisers providing intrafund advice from revenue funded through activities within the fund?

h. What is the revenue generated from these financial advisers?

i. Within your fund, is there any cross-subsidisation for intrafund advice services?

Do you allow members to use their funds to pay for:

a. Financial advice?

b. Internal financial advisers?

c. External financial advisers?

Please advise the total remuneration package of your:

a. company secretary, and

b. Chief Executive Officer, including:

i. total remuneration

ii. base salary

iii. annual bonuses

iv. deferred bonuses

v. equity or other options

vi. additional compensation not covered in the above.

Responses to questions 96 - 114

(18 November 2020)
(PDF385KB)

For each year of the past decade, please advise the:

a. annual remuneration of the average worker who contributes to your fund

b. average annual superannuation contribution from an employee to your fund

c. multiple your CEO is remunerated compared to the annual remuneration of the average worker who contributes to your fund.

In the context of marketing and advertising campaigns:

a. How many is your fund currently running individually, or in collaboration with others?

b. How many have run, or are currently running since the beginning of calendar year 2020?

c. What is the actual cost for each campaign (including development, production, broadcasting, and distribution) to 30 June 2020?

d. What is the actual cost for each campaign (including development, production, broadcasting, and distribution) budgeted?

e. What is the budgeted cost for each campaign (including development, production, broadcasting, and distribution) from 1 July 2020 – 31 December 2020?

f. What is the budgeted cost for any existing or proposed campaigns (including development, production, broadcasting, and distribution) for the period 1 January 2021 – 30 June 2021?

g. What is the budgeted cost for any existing or proposed campaigns (including development, production, broadcasting, and distribution) for the period 1 July 2021 – 31 December 2021?

For each of the following categories, please provide the percentages of employees that are women, men, or who identify otherwise:

a. all employees

b. non-executive employees

c. executive employees

d. senior executive employees.

Do you have a target for the employment of:

a. women as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

b. people who are gender non-binary as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

Since the introduction of Superstream, which has standardised the transfer of funds, has there been:

a. A reduction in the cost to the fund for transferring funds, and if so, by how much?

b. A reduction in the fees charged to members reflecting any saving, and if so, by how much?

Greenhouse gas emissions

a. Does your fund have an internal target for your own greenhouse gas emissions footprint by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

b. Does your fund have a target for reducing greenhouse gas emissions from investments by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

c. Does your fund intend to divest from investments if they do not reach their greenhouse gas emissions reduction targets by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

The New Daily

a. Have you ever completed a cost benefit analysis of The New Daily to your fund?

i. If so, when did you complete this cost benefit analysis?

ii. Please provide a copy of the cost benefit analysis.

b. Have you ever completed a cost benefit analysis of The New Daily to your members?

i. If so, when did you complete your cost benefit analysis of the New Daily to your members?

ii. Please provide a copy of the cost benefit analysis.

Financial advisers remuneration

a. Are your financial advisers paid:

i. a base salary?

ii. non-salaried remuneration, including bonuses?

b. Are your financial advisers, who are only remunerated with a base salary, eligible to provide:

i. personal advice?

ii. general advice?

Have any technology innovations within the fund reduced the cost of operating the fund over the past decade?

If so, please outline:

a. the technological innovations

b. the cost saving

c. the cost saving passed through to fees charged to members.

Valuations

a. What data is provided to valuation teams to assess the value of unlisted assets?

b. When the fund provides data to valuation teams to assess the value of unlisted assets, does this include internal modelling of asset valuations?

c. What assumptions are provided to valuation teams when assessing the value of unlisted assets?

d. When valuation teams assess the value of unlisted assets, do they solely take account of past performance?

e. When valuation teams assess the value of unlisted assets, what weighting do they take on the projected value of the market for such unlisted assets to inform their valuations?

f. For the past decade can you please complete the below table for each unlisted asset valued under your valuation policy.

Over the past decade, how many non-disclosure agreements have you agreed to in relation to:

a. human resources issues?

b. sexual harassment issues?

Do you use an internal clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?

If so:

a. What is the name of the clearing house?

b. Why do you use a clearing house?

c. How much does it cost annually to use the clearing house?

d. How much does it cost annually to each member to use the clearing house?

e. What happens to interest accrued from funds held in the clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the clearing house?

Do you use an external clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?

If so:

a. What is the name of the clearing house?

b. Who owns the clearing house?

c. Why do you use an external clearing house?

d. How much does it cost annually to use the external clearing house?

e. How much does it cost annually to each member to use the external clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the external clearing house?

If you use an internal clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

If you use an external clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

In reference to the original publication of the article “CEOs push Andrews to reopen faster” in the Australian Financial Review on 20 October 2020 (see attachment) which states:

Meanwhile, restaurateur Chris Lucas, pub owner and former AFL player Paul Dimattina and CSL chairman Brian McNamee all spoke of repercussions from elements of the labour movement for criticising the state government over the failures which led to the crisis and the subsequent slow pace of reopening the economy. Union-aligned industry superannuation fund managers have pressured Dr McNamee to stop his outspoken criticisms of the state government lockdown, even though he has repeatedly said he is speaking in a personal capacity and not for the company.

In the context of confronting, bullying or intimidatory workplace cultures, please advise:

(a) has the Chair of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

(b) have board members of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

(c) has the CEO of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

(d) have senior executives of your fund been in contact through any medium with Dr McNamee or his office since 5 August, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

In dollar terms, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

Responses to questions 116 - 129

(30 March 2021)
(PDF314KB)

In minutes, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

What is your current policy on whether your funds are permitted to invest in:

a. residential property?

b. Build-to-Rent housing?

c. social housing?

Have you ever:

a. completed internal research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

b. commissioned external research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

For the last five financial years, please complete the table for investments across all your funds in all forms of residential property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in Build-to-Rent property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in social housing property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

Please outline your policy on:

a. Fund members using their superannuation fund for a deposit to buy their first home.

b. Retirees using their superannuation to:

i. renovate their home

ii. pay rent.

Within your fund, what percentage of retirees in each of the last five financial years used their superannuation to:

a. renovate their home?

b. clear their remaining mortgage?

Insurance premiums

a. Have you ever deducted insurance premiums from fund members for insurance policies that they are not covered by?

b. Have you ever completed an audit to identify if insurance premiums have been deducted from fund members for insurance policies that they are not covered by?

Material distributed to members

a. Have you ever distributed materials to members that state and/or suggest that:

i. members have coverage under insurance policies that they do not have?

ii. members are required to keep a minimum balance in their superannuation fund?

iii. their employer may be unwilling to contribute to another superannuation fund?

iv. members require a statement of any kind from their employer to move away from your fund?

b. Have you ever completed an audit of materials distributed to members that state and/or suggest that members have coverage under insurance policies that they do not have?

c. Have you ever completed an audit to establish whether you have distributed materials to members that state and/or suggest that:

i. they are required to keep a minimum balance in their superannuation fund?

ii. their employer may be unwilling to contribute to another superannuation fund?

iii. they require a statement of any kind from their employer to move away from your fund?

Please provide as separated data, what the base salary and bonuses were, or are set to be, paid in the 2019/2020 and 2020/21 financial year for your:

a. Chief Executive Officer or equivalent?

b. Chief Investment Officer or equivalent?

Property investments

a. Do you have any current investments in the National Housing Finance and Investment Corporation? If so, what is the size of your investments?

b. Please provide information on the rental income for any residential property investments held for each year for the last five financial years.

Subscriptions to The New Daily

a. Has your fund ever considered subscribing your members to The New Daily through an opt-out model? If so:

i. Was this proposed initially internally, or externally?

ii. Who proposed it?

iii. Who approved it?

iv. What was the approval process?

v. What legal advice was sought?

vi. On what date did it proceed, or is it proposed to proceed?

b. Have the following groups ever enquired or requested your fund to subscribe your members to The New Daily:

i. Industry Super Holdings?

ii. The New Daily?

What arrangements, including donations, commissions, marketing expenditure or partnerships, do you have that lead to payments to research organisations or ‘think tanks’?
Please provide:

a. Names of the think tanks.

b. Payments made over the last five years.

Response

(Publications date)

The details of the date and location of your annual general meeting for the past five years, and whether fund members were invited to attend.

The details of any fund member briefings where it was possible to ask fund managers, executives or directors questions over the past five years.

For the past five years the total value in dollars and as a percentage of the total value of a fund:

a. Listed investments.

b.Unlisted investments.

c. Total investments.

For the past five years the total value in dollars and as a percentage of the total return for the fund:

a. Listed investments.

b.Unlisted investments.

c. Total investments.

Details of each individual asset currently held at a value other than available listed market prices (an unlisted asset) wholly owned by the fund or funds under your control, including:

a. The asset name and location.

b. The frequency of the revaluation of the asset.

c. The most recent valuation.

d. A copy of that valuation.

e. The methodology used for its valuation.

f. Whether the valuation was completed internally or externally.

g. The details of any external party involved in the valuation.

Details of each individual asset currently held at a value other than available listed market prices (an unlisted asset) partly owned by the fund or funds under your control, including:

a.The asset name and location.

b. The frequency of the revaluation of the asset.

c. The most recent valuation.

d. A copy of that valuation.

e. The methodology used for its valuation.

f. Whether the valuation was completed internally or externally.

g. The details of any external party involved in the valuation.

9.1
(PDF101KB)

9.2(PDF148KB)

Details of arrangements for the temporary or permanent use for corporate venue hire (including corporate boxes), including additional non-hire costs such as catering, at sporting venues over the past five years.

Details of costs for advertising campaigns for the past five years, including:

a. The companies invited to tender for all or parts of any advertising campaign.

b. The companies awarded campaigns.

c. The total cost of each campaign.

d. The cost of the campaign’s development.

e. Broadcasting (television, radio and internet) and publishing costs.

f. Assessment reports of the efficacy of campaigns in either retaining or gaining new members.

In relation to one of the issues that's come out of the royal commission and the government response in the context of super, is AustralianSuper fully compliant with the insurance in super code?

Mr Silk: …We have a program to become fully compliant.

CHAIR: Over what time frame?

Hansard p. 12

21 November 2019

Hansard p. 12

21 November 2019

Has AustralianSuper ever made contributions towards either the ACTU superannuation partnership program or the ACTU Member Connect program?
…
Mr Silk: No, we haven't made any contribution to the Member Connect program.

CHAIR: Could you take on notice about the superannuation partnership program just in case?

Hansard p. 12

21 November 2019

Hansard p. 13

21 November 2019

Hansard p. 13

21 November 2019

Dr LEIGH: There have been concerns in the United States over significant investors investing in firms which compete with one another. The fear is that common ownership can dampen competitive pressures because common owners have an interest in the oligopoly doing well, rather than in the individual firm doing well. How do you avoid that risk in how AustralianSuper casts votes on boards? How do you ensure you're not a force against competition in the market, rather than a force for it?

Mr Silk: I'm sorry, I'm not sure I understand that question.

Dr LEIGH: Well, imagine an environment in which you've got two supermarkets that have a common owner. That common owner, if they owned only one of the supermarkets, would want to see that supermarket do well and the other supermarket fail. But if they have a significant share in both supermarkets then, effectively, they have a stake in the duopoly. They have a stake in seeing less competition in the market than would be the case if all of the shareholders in the two supermarkets were distinct. How do you avoid that problem in how you vote on boards?

Hansard p. 15

21 November 2019

Over the last five financial years:

a. What is the total budget for all costs associated with the fund?

b. What were the total assets under management?

c. What are the total number of employees?

d. What are the total number of contractors?

e. What are the total number of externally hired contracts, and their value?

Over the last five financial years:

a. What is the total number of member accounts?

b. What is the total increase in the number of members as a result of the fund’s default status?

c. What is the total increase in the number of members through voluntary adoption or switching?

d. What was the average member balance?

e. What was the average dollar amount deducted in insurance fees per member, across all fund products in dollar terms and as a share of a member account?

f. What was the total number of inactive accounts? (Please use the APRA definition: no contributions for two years)

Over the last five financial years:

a. What was the average dollar amount deducted for administration and asset management fees per member, across all fund products? (please do not include insurance fees)

b. What was the cost (%) of fund administration expenses as a proportion of funds under management?

c. What was the total cost of in-house administration expenses?

d. What was the cost of in-house administration expenses as a proportion of funds under management?

e. What was the total cost of any external administration expenses?

f. What was the cost of any external administration expenses as a proportion of funds under management?

g. What was the total cost of any external administration expenses to Related Parties?

h. What was the cost of any external administration expenses to Related Parties as a proportion of funds under management?

i. How many staff are employed in roles considered part of the administrative cost?

Over the last five financial years:

a. The number of rollover requests that the fund did not pay out to another fund for each year?

b. The average dollar value of a rollover for each year?

c. The value of any clawback accounts and/or funds held that is used to hold funds between financial years?

In the context of building investments:

a. Have you completed assessments of the prevalence of flammable cladding across some properties?

b. Have you completed assessments of the prevalence of flammable cladding across all properties?

c. Have you taken any remediation to reduce your exposure to risk to identify flammable cladding, and if so, what?

d. Have you taken any remediation to reduce your exposure to risk to remove flammable cladding, and if so, what?

e. Do you hold any properties where insurance has been refused or are uninsured due to defective building construction such as cladding?

Governance:

a. How many trustee board members did the fund have?

b. What was the total salary of all trustee board members?

c. What was the average salary of all trustee board members?

d. Are there any performance-based assessments that determine trustee board remuneration, and if so what are they?

e. What was the salary of the trustee board chair?

f. What was the average length of service of all trustee board members?

g. What is the length of service of the longest serving trustee board member?

h. Are trustee board members asked whether they have conflicts of interest at each meeting, and if not, why not?

i. What is the conflict of interest policy for trustee board members?

j. Does your fund have a policy on gender diversity and/or balance for listed companies?

k. Does your board have gender balance?

(PDF110KB)

Attachment
(PDF270KB)

In the context of the ACCC’s legal action and question for competition in monopoly infrastructure entities:

a. What are the implications for infrastructure investment returns if the ACCC is successful in its legal action?

b. Have you analysed your infrastructure investment portfolio to examine the risk of ACCC action to reduce anti-competitive monopoly of oligopoly pricing?

c. If so, can you provide details of the likely impact, and what is the project impact on revenue and income?

In dollar terms, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

As a percentage of the value of the member account, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

For the past five years:

a. What was the total cost of all advertising and/or marketing?

b. What was the total cost of all advertising and/or marketing per member?

c. What was the total cost of all advertising per new (FY19) member?

d. What was the total cost of all television advertising and/or marketing?

e. What was the total cost of all radio advertising and/or marketing?

f. What was the total cost of all print advertising and/or marketing?

g. What was the total cost of all online advertising and/or marketing?

h. How many in-house staff are employed in advertising and marketing roles?

i. How much was spent on engaging external advertising and marketing consultants?

j. Do you advertise and/or directly financial contribute to the New Daily?

How much money have you spent on advertising on the following platforms in the past decade:

a. Google?

b. Facebook?

c. Twitter?

d. Instagram?

e. A non-Google search engine?

f. Any social media platform that is not mentioned in (b) – (d)?

Can you provide details if you have purchased the following over the past decade:

a. Google advertisements

b. Google search terms.

a. Do you use Google Ad Words, or any Google provided or supported service to advertise any of your funds or your brand in any way whatsoever?

b. Please list what terms you have used in Google Ad Words in the last five years to generate an impression on particular search queries.

How will the overall fund performance be affected if:

a. The income return of unlisted assets declines?

b. The fund can no longer purchase unlisted assets onshore?

c. The fund can no longer purchase unlisted assets offshore?

Valuation methodologies:

a. Have you compared your valuation methodologies and assumptions for unlisted assets with other superannuation funds, and if so, what are the differences?

b. Are you confident that your valuation methodologies and assumptions for unlisted assets reflect their value to the fund, and how often are they reviewed?

c. How do you compare your valuations to listed investments, including, but not limited to, whether there is a cross check to stock prices for similar assets?

d. Have you ever calculated whether there would be a difference between valuations if unlisted assets were listed?

a. How many unlisted assets do you hold in the fund?

b. What value share are unlisted assets of the fund’s:

i. total value?
ii. total property value?

Discount rates:

a. For unlisted assets, do you use a consistent discount rate for income across all unlisted assets, or an asset-specific discount rate?

b. What is the discount rate you apply to the income from unlisted assets, and has it changed over the past decade, and if so, when and why?

Over the past decade:

a. Have you ever devalued an unlisted asset?

b. Have you ever devalued an unlisted asset by more than $10 million?

c. Have you ever devalued an unlisted asset by more than $50 million?

d. Have you ever devalued an unlisted asset by more than $100 million?

e. Please advise the companies and/or individual valuers that have valued your unlisted assets.

For each year of the past decade:

a. How many fund members do you have?

b. How many financial planners do you have in total numbers, and as a member to financial planner ratio?

c. How many financial advisers do you have in total numbers, and as a member to financial planner ratio?

For each year of the past decade:

a. How much is charged for financial planning annually to fund members, and what is the average per fund member?

b. How much is charged for financial planning annually to funds, and what is the average per fund member?

c. How much is charged for financial advice annually to fund members, and what is the average per fund member?

d. How much is charged for financial advice annually to funds, and what is the average per fund member?

For each year of the past decade:

a. What is the cost of general advice annually, and what is the average per fund member?

b. What are the aggregate value of bonuses provided for general advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of scaled advice annually, and what is the average per fund member?

b. What are the aggregate value of bonuses provided for scaled advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of comprehensive advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for comprehensive advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of intra-fund advice annually, and what is the average per fund member?

b. What are the aggregate value of bonuses provided for intra-fund advice, and what is the average per adviser?

Over the past five years:

a. How many employees have been cautioned for misconduct?

b. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct?

c. How many employees have been terminated for misconduct?

d. How many employees have been cautioned for misconduct, as a share of all employees over that timeframe?

e. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct, as a share of all employees over that timeframe?

f. How many employees have been terminated for misconduct, as a share of all employees over that timeframe?

Of the twenty highest redundancy payments over the past decade, please provide the number whose total package (including all forms of accumulated redundancy package, including but not limited to, base salary, regularized and deferred bonuses and incentives including, but not limited to, shares) falls within these brackets.         

Responses to questions 68 - 81

22 May 2020
(PDF165KB)

Listed companies holding infrastructure assets have had write downs of around 40 per cent:

a. How does this compare to your write down of unlisted assets?

b. If there is a difference, why is there a difference?

Have you had any liquidity issues in honouring your obligations to members as a result of the:

a. recent decline in the share market?

b. permission by the Federal government to allow members to remove up to $10,000 per financial year if they lose their job?

Liquidity management:

a. What is your fund’s process for complying with APRA’s prudential framework which requires trustees to have a liquidity management plan?

b. How is the plan being reported to the trustee directors?

c. Who is responsible for the day-to-day liquidity management for the fund?

Since 12 March 2020, has your fund provided any liquidity to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Responses to questions 82 - 83

(17 June 2020)
(PDF70KB)

Since 12 March 2020, has your fund loaned any cash to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

It has been brought to my attention that Australian Super is providing secretariat, or secretariat-like, services to assist other superannuation funds to respond and answer questions for the House of Representatives’ Standing Committee on Economics Inquiry into the Big Four Banks and other financial institutions. Can you therefore advise:

a. On what basis Australian Super is providing this assistance to other superannuation funds?

b. The number of staff allocated to provide this support?

c. The estimated cost allocated to provide this support?

d. How this is consistent with the sole purpose test for Australian Super members?

Responses to questions 84 - 97

(17 June 2020)
(PDF142KB)

Regarding any investments you have with IFM Investors, please provide the following:

a. The capital invested each year for the past five years.

b. The accumulated valuation of investments for the past five years.

c. The dividends received from those investments for the past five years.

Regarding any investments you have with ME Bank, please provide the following:

a. The capital invested each year for the past five years.

b. The accumulated valuation of investments for the past five years.

c. The dividends received from those investments for the past five years.

If you are an investor in ME Bank, have you individually (or in collaboration with other funds), ever commissioned reports into its valuation in the past decade?

a. And if so, how many reports and in what year?

b. Were any commissioned to be completed by the UK-based group, LEK?

c. And please provide copies.

According to reports in the Australian Financial Review superannuation fund, Hostplus, redefined the definition of ‘illiquid assets’ (‘Hostplus warned of liquidity “perfect storm”’, Australian Financial Review, 18 May 2020). Therefore, can you please advise:

a. How you define ‘illiquid assets’ within your fund, including details of holdings and timeframes?

b. How you define ‘liquid assets’ within your fund, including details of holdings and timeframes?

c. How long each of these definitions have been used?

d. What prompted any switch to these definitions?

e. What the prior definitions were before any switch?

Have you completed a skills audit in the past five years of the following:

a. Your board of directors?

b. Your investment committee?

c. And if not, why not?

d. And if so, presently what gaps are identified?

Prior to appointment, have employees fulfilling fiduciary roles had their investment performance track record assessed before fees?

a. And if not, why not?

b. And if not prior to appointment, have they following appointment?

c. And if so, on what timeframe?

Do you currently have an art collection?

a. If so, can you advise its current valuation?

b. If so, can you advise where it is stored and/or exhibited?

Do you engage proxy advisers?

a. What are the terms of engagement for proxy advisers?

b. To what extent are they empowered to act on behalf of the entity?

c. Does their advice get provided to the board?

d. How often is advice submitted to the board?

e. Is their advice formally adopted by the board?

f. Are their positions publicly stated?

g. How does the board assess these positions concurrent with their duties as trustees and the sole purpose test?

Are you currently, or have you previously been, a member or subscriber of the ACTU Members Connect Program?

a. If so, what is the timeframe of your membership?

b. What has been the annual fee year-on-year?

c. How have you assessed its value to your members?

Please provide the titles of all externally commissioned reports over the past five years that have reviewed any of the following:

a. Performance of funds.

b. Investment strategies for funds.

c. Conflicts of interest for funds.

Responses to questions 98 - 102

(31 August 2020)
(PDF296KB)

For each fund where more than 30 per cent of capital is managed by another entity, please complete the below table including:

a. The name of the fund.

b. The allocation of capital as a percentage of the total capital held by the fund.

c. The allocation of capital of the total capital held by the fund.

d. The entity managing the capital.

e. Whether you are a shareholder in that entity.

Please provide details of the following reduction to remuneration packages since 11 March 2020:

a. Board members.

b. The chief executive.

c. Executive management.

Since 1 January 2020, for each fund, please outline:

a. The date and value at the highest valuation of the fund?

b. The date and value at the lowest valuation of the fund?

c. The number of business days between the highest and lowest valuation for the fund?

d. The nominal value between the highest and lowest valuation for the fund?

e. The percentage value between the highest and lowest valuation for the fund?

f. The number of business days between the date of the ASX’s lowest valuation, and the lowest day for the valuation of the fund?

g. The number of business days between the date of the ASX’s lowest valuation, and the lowest valuation of unlisted assets in the fund?

h. What volume of switching of investments occurred between funds between the highest and lowest valuations?

i. What volume of switching between funds occurred in that time by trustees of the fund that are also members of the fund, between the highest and lowest valuations?

j. What volume of switching between funds occurred in that time by executives of the fund that are also members of the fund, between the highest and lowest valuations?

k. What volume of switching between funds occurred in that time by other employees of the fund that are also members of the fund, between the highest and lowest valuations?

l. What integrity measures were taken to prohibit trustees, executives and employees switching between funds from taking advantage of arbitrage of any gap between the lowest valuation date of the ASX and any revaluation of the fund?

Responses to
questions 103 - 107

(31 August 2020)
(PDF186KB)

On financial advisers providing non-intrafund advice (i.e. comprehensive advice - beyond the scope of intrafund advice) within the fund over the past five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the revenue generated from these non-intrafund advisers?

c. How many financial advisers within the fund also provide intrafund advice?

d. If you have non-intrafund financial advisers within the fund also providing intrafund advice, how is their remuneration determined from different sources?

e. Is there any cross-subsidisation for non-intrafund financial advisers within the fund from activities funded through intrafund advice?

f. Is there any cross-subsidisation for financial advisers from intrafund advice to non-intrafund financial advisers within the fund?

g. What is the total budgeted cost and actuals for financial advisers?

h. What is the remuneration level/range for the financial advisers employed to provide non-intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides financial advice within the fund?

On financial advisers providing intrafund advice (i.e. strictly limited to advice on your super fund for the member only - not spouse) within your fund over the last five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the remuneration level/range for the financial advisers employed to provide intrafund advice to your members?

i. What is the aggregated cost of their remuneration?

ii. What is the aggregated cost for their employment?

iii. What is the aggregated cost for their on-costs, including but not limited to, superannuation, leave, training support and office space?

iv. What is the aggregated cost for marketing their services?

v. What is the aggregated cost for administrative support services?

vi. What is the aggregated cost for professional insurance and indemnity?

vii. What is the aggregated cost for compliance oversight?

viii. What is the aggregated cost for legal oversight?

ix. What is the aggregated cost for other regulatory oversight?

x. What is the aggregated cost for the unit, including overheads, that provides intrafund advice?

c. What is the revenue that intrafund advisers have generated?

d. How many financial advisers providing intrafund advice also provide it within the fund?

e. If you have financial advisers providing intrafund advice also providing it within the fund, how is their remuneration determined from different sources?

f. Is there any cross-subsidisation for financial advisers providing intrafund advice from revenue funded through activities within the fund?

g. What is the total budgeted cost and actuals for the intrafund advice unit?

h. What is the revenue generated from these financial advisers?

i. Within your fund, is there any cross-subsidisation for intrafund advice services?

Do you allow members to use their funds to pay for:

a. Financial advice?

b. Internal financial advisers?

c. External financial advisers?

Please advise the total remuneration package of your:

a. company secretary, and

b. Chief Executive Officer, including:

i. total remuneration

ii. base salary

iii. annual bonuses

iv. deferred bonuses

v. equity or other options

vi. additional compensation not covered in the above.

Responses to
questions 108 -126

(4 November 2020)
(PDF298KB)

For each year of the past decade, please advise the:

a. annual remuneration of the average worker who contributes to your fund

b. average annual superannuation contribution from an employee to your fund

c. multiple your CEO is remunerated compared to the annual remuneration of the average worker who contributes to your fund.

In the context of marketing and advertising campaigns:

a. How many is your fund currently running individually, or in collaboration with others?

b. How many have run, or are currently running since the beginning of calendar year 2020?

c. What is the actual cost for each campaign (including development, production, broadcasting, and distribution) to 30 June 2020?

g. What is the budgeted cost for any existing or proposed campaigns (including development, production, broadcasting, and distribution) for the period 1 July 2021 – 31 December 2021?

For each of the following categories, please provide the percentages of employees that are women, men, or who identify otherwise:

a. all employees

b. non-executive employees

c. executive employees

d. senior executive employees.

Do you have a target for the employment of:

a. women as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

b. people who are gender non-binary as a share of:

i. all employees?

ii. executive employees?

iii. senior executive employees?

Since the introduction of Superstream, which has standardised the transfer of funds, has there been:

a. A reduction in the cost to the fund for transferring funds, and if so, by how much?

b. A reduction in the fees charged to members reflecting any saving, and if so, by how much?

Greenhouse gas emissions

a. Does your fund have an internal target for your own greenhouse gas emissions footprint by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

b. Does your fund have a target for reducing greenhouse gas emissions from investments by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

c. Does your fund intend to divest from investments if they do not reach their greenhouse gas emissions reduction targets by:

i. 2030?

ii. 2035?

iii. 2040?

iv. 2045?

v. 2050?

The New Daily

a. Have you ever completed a cost benefit analysis of The New Daily to your fund?

i. If so, when did you complete this cost benefit analysis?

Financial advisers remuneration

a. Are your financial advisers paid:

i. a base salary?

ii. non-salaried remuneration, including bonuses?

b. Are your financial advisers, who are only remunerated with a base salary, eligible to provide:

i. personal advice?

ii. general advice?

Have any technology innovations within the fund reduced the cost of operating the fund over the past decade?

If so, please outline:

a. the technological innovations.

Valuations

a. What data is provided to valuation teams to assess the value of unlisted assets?

b. When the fund provides data to valuation teams to assess the value of unlisted assets, does this include internal modelling of asset valuations?

c. What assumptions are provided to valuation teams when assessing the value of unlisted assets?

d. When valuation teams assess the value of unlisted assets, do they solely take account of past performance?

e. When valuation teams assess the value of unlisted assets, what weighting do they take on the projected value of the market for such unlisted assets to inform their valuations?

f. For the past decade can you please complete the below table for each unlisted asset valued under your valuation policy.

In the Financial Services Royal Commission documentation an ‘Audit and Risk Management Committee’ paper was compiled for CBUS (‘Review of payments made to sponsoring organisations – Exhibit 5.368).

Please advise how many times, over the last decade, such a paper, or equivalent, has been prepared for:

a. your Board?

b. a Board subcommittee?

c. executive management?

Over the past decade, how many non-disclosure agreements have you agreed to in relation to:

a. human resources issues?

b. sexual harassment issues?

Do you use an internal clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?

If so:

a. What is the name of the clearing house?

b. Why do you use a clearing house?

c. How much does it cost annually to use the clearing house?

d. How much does it cost annually to each member to use the clearing house?

e. What happens to interest accrued from funds held in the clearing house?

f. What happens to non-interest income and/or capital gains accrued from funds held in the clearing house?

Do you use an external clearing house to receive the superannuation payments from employers, or their payroll representatives, before they are allocated to an individual member’s account and/or fund?

If so:

a. What is the name of the clearing house?

b. Who owns the clearing house?

c. Why do you use an external clearing house?

e. How much does it cost annually to each member to use the external clearing house?
What happens to non-interest income and/or capital gains accrued from funds held in the external clearing house?

If you use an internal clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

If you use an external clearing house please outline when money is received into the clearing house:

a. On average, how long does it stay in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

b. What is the longest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

c. What is the shortest time that it has stayed in the clearing house before it:

i. is allocated to a member’s account and/or fund?

ii. is allocated to purchase units for a member’s account and/or fund?

iii. appears in a member’s account and/or fund statement and/or online record?

d. For interest accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

e. For non-interest income and/or capital gains accrued from holding funds in the clearing house for the member, is it then subsequently allocated to:

i. the individual member’s account and/or fund?

ii. a different account and/or fund? If so, what is its name?

In reference to the original publication of the article ‘CEOs push to reopen faster’ in the Australian Financial Review on 20 October 2020 which states:

Meanwhile, restaurateur Chris Lucas, pub owner and former AFL player Paul Dimattina and CSL chairman Brian McNamee all spoke of repercussions from elements of the labour movement for criticising the state government over the failures which led to the crisis and the subsequent slow pace of reopening the economy. Union-aligned industry superannuation fund managers have pressured Dr McNamee to stop his outspoken criticisms of the state government lockdown, even though he has repeatedly said he is speaking in a personal capacity and not for the company.

In the context of confronting, bullying or intimidatory workplace cultures, please advise:

a. has the Chair of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

b. have board members of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

c. has the CEO of your fund been in contact through any medium with Dr McNamee or his office since 5 August 2020, and if so please advise the name of the person who made contact and the nature of any communications.

d. have senior executives of your fund been in contact through any medium with Dr McNamee or his office since 5 August, and if so please advise the name(s) of the person(s) who made contact and the nature of any communications.

Hansard p. 8

6 November 2020

Hansard p. 11

6 November 2020

In dollar terms, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

Responses to
questions 130 - 143

(16 April 2021)
(PDF210KB)

In minutes, how much advertising space did your fund book (directly or indirectly through a broker or agent) in the second half of 2020 that was unused on:

a. radio?

b. television?

c. print?

What is your current policy on whether your funds are permitted to invest in:

a. residential property?

b. Build-to-Rent housing?

c. social housing?

Have you ever:

a. completed internal research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

b. commissioned external research that includes retirement outcomes for fund members who own their home in retirement, compared to those who do not?

For the last five financial years, please complete the table for investments across all your funds in all forms of residential property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in Build-to-Rent property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

For the last five financial years, please complete the table for investments across all your funds in social housing property:

a. in nominal value

b. as a share of your total portfolio

c. the average return on investment.

Please outline your policy on:

a. Fund members using their superannuation fund for a deposit to buy their first home.
b. Retirees using their superannuation to:

i. renovate their home

ii. pay rent.

Within your fund, what percentage of retirees in each of the last five financial years used their superannuation to:

a. renovate their home?

b. clear their remaining mortgage?

Insurance premiums

a. Have you ever deducted insurance premiums from fund members for insurance policies that they are not covered by?

b. Have you ever completed an audit to identify if insurance premiums have been deducted from fund members for insurance policies that they are not covered by?

Material distributed to members

a. Have you ever distributed materials to members that state and/or suggest that:

i. members have coverage under insurance policies that they do not have?

ii. members are required to keep a minimum balance in their superannuation fund?

iii. their employer may be unwilling to contribute to another superannuation fund?

iv. members require a statement of any kind from their employer to move away from your fund?

b. Have you ever completed an audit of materials distributed to members that state and/or suggest that members have coverage under insurance policies that they do not have?

c. Have you ever completed an audit to establish whether you have distributed materials to members that state and/or suggest that:

i. they are required to keep a minimum balance in their superannuation fund?

ii. their employer may be unwilling to contribute to another superannuation fund?

iii. they require a statement of any kind from their employer to move away from your fund?

Hansard p. 4

8 July 2021

Responses to questions 145 - 152

(5 August 2021)
(PDF188KB)

Hansard p. 9

8 July 2021

Hansard p. 10

8 July 2021

Hansard p. 11

8 July 2021

Hansard p. 12

8 July 2021

Hansard p. 16

8 July 2021

Please provide as separated data, what the base salary and bonuses were, or are set to be, paid in the 2019/2020 and 2020/21 financial year for your:

a. Chief Executive Officer or equivalent?

b. Chief Investment Officer or equivalent?

Property investments

a. Do you have any current investments in the National Housing Finance and Investment Corporation? If so, what is the size of your investments?

b. Please provide information on the rental income for any residential property investments held for each year for the last five financial years.

Hansard page
and Hearing date
or Written Questions

Response

(Publication date)

The details of the date and location of your annual general meeting for the past five years, and whether fund members were invited to attend.

For the past five years the total value in dollars and as a percentage of the total value of a fund:

a. Listed investments.

b. Unlisted investments.

c. Total investments.

Attachment (PDF43KB)

For the past five years the total value in dollars and as a percentage of the total return for the fund:

a. Listed investments.

b. Unlisted investments.

c. Total investments.

Attachment (PDF43KB)

Attachment 1 (PDF157KB)

Attachment 2 (PDF304KB)

Hansard p. 44

22 November 2019

Hansard p. 45

22 November 2019

CHAIR: So revenue in the performance—

Mr Wade: Yes, revenue of delivery of the business. I'll need to check the exact number of that. That's with our investment manager, which is a third party.

CHAIR: But you could find that out?

Mr Wade: I can find that out.

CHAIR: I'd appreciate that, and you can take it on notice as well.

Hansard p. 46

22 November 2019

Hansard p. 51

22 November 2019

Dr MULINO: So, in a sense, what you're going to be trying to achieve is that the trustee part of the organisation will be monitoring that so as to see where there are areas where returns are not sufficient or where these kinds of examples of poor advice might be occurring.

Ms Bourguignon: Yes, that's correct.

Dr MULINO: It would be really useful to get a sense of how that system will work—just a description of how a system like that works.

Hansard p. 53

22 November 2019

Hansard p. 53

22 November 2019

Dr LEIGH: Can I ask you, on notice, to quantify the fee revenue lost if you had transferred all members by 30 June 2014, 30 June 2015, 30 June 2016 and 30 June 2017 respectively.

Mr Wade: You can. We can attempt to get that. Would it be helpful to also provide the process?

Dr LEIGH: Yes, thank you.

Hansard p. 54

22 November 2019

Transferring to MySuper products

a. What was the period of time you took to complete the transfer of your members’ accrued default amounts (ADAs) into MySuper products following the commencement of the MySuper regime on 1 January 2014?

b. How did that duration reflect the best interests of your members?

c. Was there anything that prevented you from transferring accounts sooner?

d. Please quantify the fee revenue lost if you had transferred members by 30 June 2014, 2015, 2016 and 2017 respectively.

Several case studies in the Royal Commission highlighted that related party contracts in vertically integrated super funds (into the wealth management arms of banks) led to conflicts where the interest of the shareholder came before the super fund members.

a. Please describe your tender process for related party contracts such as custodial services, insurance, brokerage, administration and investment management.

b. How do you determine that these contract arrangements reflect value for money for members?

c. Please describe the potential conflicts of interest with such arrangements and how you manage them?

d. How do you evaluate whether your management of conflicts of interest is working?

e. Have you prepared or commissioned any reports focussed on benchmarking the performance and cost of contracts with related-party service providers, relative to the wider market? If so, please provide these for the period covering the last five years.

Over the last five financial years:

a. What is the total budget for all costs associated with the fund?

b. What were the total assets under management?

c. What are the total number of employees?

d. What are the total number of contractors?

e. What are the total number of externally hired contracts, and their value?

Responses to questions 38 - 87

(29 April 2020)
(PDF937KB)

Over the last five financial years:

a. What is the total number of member accounts?

b. What is the total increase in the number of members as a result of the fund’s default status?

c. What is the total increase in the number of members through voluntary adoption or switching?

d. What was the average member balance?

e. What was the average dollar amount deducted in insurance fees per member, across all fund products in dollar terms and as a share of a member account?

f. What was the total number of inactive accounts? (Please use the APRA definition: no contributions for two years)

Over the last five financial years:

a. What was the average dollar amount deducted for administration and asset management fees per member, across all fund products? (please do not include insurance fees)

b. What was the cost (%) of fund administration expenses as a proportion of funds under management?

c. What was the total cost of in-house administration expenses?

d. What was the cost of in-house administration expenses as a proportion of funds under management?

e. What was the total cost of any external administration expenses?

f. What was the cost of any external administration expenses as a proportion of funds under management?

g. What was the total cost of any external administration expenses to Related Parties?

h. What was the cost of any external administration expenses to Related Parties as a proportion of funds under management?

i. How many staff are employed in roles considered part of the administrative cost?

Over the last five financial years:

a. The number of rollover requests that the fund did not pay out to another fund for each year?

b. The average dollar value of a rollover for each year?

c. The value of any clawback accounts and/or funds held that is used to hold funds between financial years?

a. The number of accounts that have been transferred to the ATO as a result of ‘Protecting your Super’ legislation?

b. The value of the money that will be paid to the ATO as a result of the ‘Protecting your Super’ legislation?

c. The number of accounts that has been transferred into an eligible rollover fund in the 2019 financial year?

d. The value of the money that has been transferred into an eligible rollover fund in the 2019 financial year?            

In the context of building investments:

a. Have you completed assessments of the prevalence of flammable cladding across some properties?

b. Have you completed assessments of the prevalence of flammable cladding across all properties?

c. Have you taken any remediation to reduce your exposure to risk to identify flammable cladding, and if so, what?

d. Have you taken any remediation to reduce your exposure to risk to remove flammable cladding, and if so, what?

e. Do you hold any properties where insurance has been refused or are uninsured due to defective building construction such as cladding?

Governance:

a. How many trustee board members did the fund have?

b. What was the total salary of all trustee board members?

c. What was the average salary of all trustee board members?

d. Are there any performance-based assessments that determine trustee board remuneration, and if so what are they?

e. What was the salary of the trustee board chair?

f. What was the average length of service of all trustee board members?

g. What is the length of service of the longest serving trustee board member?

h. Are trustee board members asked whether they have conflicts of interest at each meeting, and if not, why not?

i. What is the conflict of interest policy for trustee board members?

j. Does your fund have a policy on gender diversity and/or balance for listed companies?

k. Does your board have gender balance?

In the context of the ACCC’s legal action and question for competition in monopoly infrastructure entities:

a. What are the implications for infrastructure investment returns if the ACCC is successful in its legal action?

b. Have you analysed your infrastructure investment portfolio to examine the risk of ACCC action to reduce anti-competitive monopoly of oligopoly pricing?

c. If so, can you provide details of the likely impact, and what is the project impact on revenue and income?

In dollar terms, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

As a percentage of the value of the member account, for each of your superannuation products, can you please provide annual data for the past five financial years on average, for a member with a balance of $6,000, $50,000 and $150,000?

a. Investment fees

b. Administration fees

c. Indirect costs

d. Any other cost to a member which is incurred or foregone by way of a lesser return pre-unit price (but not included in the indirect cost ratio) including any other costs, charges, fees, direct or indirect benefits including any benefit by way of rebate, set-off, commission, in-kind, tax credit/offset retained, interest (or interest rebate) retained by any party involved in the management, custody, review, compliance, administration, servicing, asset consulting, valuation, operation and maintenance, financing, auditing, brokerage, execution, settlement, or otherwise of the assets in the fund, or their underlying assets.

e. An aggregate total of all fees mentioned above.

How will the overall fund performance be affected if:

a. The income return of unlisted assets declines?

b. The fund can no longer purchase unlisted assets onshore?

c. The fund can no longer purchase unlisted assets offshore?

Valuation methodologies:

a. Have you compared your valuation methodologies and assumptions for unlisted assets with other superannuation funds, and if so, what are the differences?

b. Are you confident that your valuation methodologies and assumptions for unlisted assets reflect their value to the fund, and how often are they reviewed?

c. How do you compare your valuations to listed investments, including, but not limited to, whether there is a cross check to stock prices for similar assets?

d. Have you ever calculated whether there would be a difference between valuations if unlisted assets were listed?

a. How many unlisted assets do you hold in the fund?

b. What value share are unlisted assets of the fund’s:

i. total value?
ii. total property value?

Discount rates:

a. For unlisted assets, do you use a consistent discount rate for income across all unlisted assets, or an asset-specific discount rate?

b. What is the discount rate you apply to the income from unlisted assets, and has it changed over the past decade, and if so, when and why?

Over the past decade:

a. Have you ever devalued an unlisted asset?

b. Have you ever devalued an unlisted asset by more than $10 million?

c. Have you ever devalued an unlisted asset by more than $50 million?

d. Have you ever devalued an unlisted asset by more than $100 million?

e. Please advise the companies and/or individual valuers that have valued your unlisted assets.

For each year of the past decade:

a. How many superannuation customers do you have?

b. How many financial planners do you have in total numbers, and as a superannuation customer to financial planner ratio?

c. How many financial advisers do you have in total numbers, and as a superannuation customer to financial planner ratio?

For each year of the past decade:

a. How much is charged for financial planning annually to fund members, and what is the average per superannuation customer?

b. How much is charged for financial planning annually to funds, and what is the average per superannuation customer?

c. How much is charged for financial advice annually to fund members, and what is the average per superannuation customer?

d. How much is charged for financial advice annually to funds, and what is the average per superannuation customer?

For each year of the past decade:

a. What is the cost of general advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for general advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of scaled advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for scaled advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of comprehensive advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for comprehensive advice, and what is the average per adviser?

For each year of the past decade:

a. What is the cost of intra-fund advice annually, and what is the average per superannuation customer?

b. What are the aggregate value of bonuses provided for intra-fund advice, and what is the average per adviser?

Over the past five years:

a. How many employees have been cautioned for misconduct?

b. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct?

c. How many employees have been terminated for misconduct?

d. How many employees have been cautioned for misconduct, as a share of all employees over that timeframe?

e. How many employees have had a penalty (such as, but not limited to, loss of bonus) for misconduct, as a share of all employees over that timeframe?

f. How many employees have been terminated for misconduct, as a share of all employees over that timeframe?

Responses to questions 88 - 99

(23 June 2020)
(PDF335KB)

Listed companies holding infrastructure assets have had write downs of around 40 per cent:

a. How does this compare to your write down of unlisted assets?

b. If there is a difference, why is there a difference?

Have you had any liquidity issues in honouring your obligations to members as a result of the:

a. recent decline in the share market?

b. permission by the Federal government to allow members to remove up to $10,000 per financial year if they lose their job?

Liquidity management:

a. What is your fund’s process for complying with APRA’s prudential framework which requires trustees to have a liquidity management plan?

b. How is the plan being reported to the trustee directors?

c. Who is responsible for the day-to-day liquidity management for the fund?

Since 12 March 2020, has your fund provided any liquidity to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Since 12 March 2020, has your fund loaned any cash to:

a. REST?
b. Hostplus?
c. any other superannuation fund?

If so, for each fund, can you provide details of the amount, the date and the terms?

Please provide a list of all investment schemes across your fund(s) that have had their redemptions frozen since January 2008, and for each:

a. What was the total value of funds frozen?

b. How many of your members were impacted by these frozen funds, and how?

c. The date on which the freeze was implemented and lifted.

d. A copy of the clause trustees relied on to enact that freeze.

Responses to questions 113 - 148

(27 August 2020)
(PDF543KB)

Since 1 January 2020, have you, or any entities you control:

a. suspended any successor fund transfers?

b. had any funds involved in impending merger activity frozen by investment managers?

Mortgage trusts

a. Do you, or any entities that you control, have mortgage trusts on your platform?

b. Will you need to freeze redemptions on these due to leverage?

Property trusts and assets

a. Do you, or any entities you control, have listed property trusts on your platform?

b. How have these performed in comparison to direct unlisted property assets owned by your fund between 1 January 2020 and 20 April 2020?

Do you, or any entities you control, have agribusiness schemes on your platform?
If so, what was the nominal value of these investments on:

a. 1 January 2020?

b. 20 April 2020?

Managed investment schemes

a. What policies and governance structures do you, or any entities you control, have in place to determine what managed investment schemes are added to your investment platforms? (Please also provide a copy of these policies.)

b. Do you, or any entities you control, allow financial advice dealer groups to add managed investment schemes to your platform and/or recommended product lists?

APRA supervision of investment governance

a. Please describe APRA’s current supervision of your investment governance.

b. When did APRA last examine your investment governance processes?

c. Has APRA asked you to stress-test particular types of managed investment schemes? If so, what types?

Rent for tenancies during COVID-19

a. Can you please advise what action you, or any entities you control, have taken to defer the payment of rent for tenancies for listed and/or unlisted assets owned by your fund during the COVID-19 pandemic?

b. To what dollar value has that reduced revenue to your fund since 1 February 2020?

In the context of understanding the value of your services to Australian superannuation members, can you please advise the remuneration package for your Chief Executive; specifically:

a. base salary

b. annual bonuses

c. the accumulated value of deferred bonuses unpaid

d. the accumulated value of deferred bonuses paid

e. any other annual, bonus or deferred remuneration information or settlements not covered in the previous four points, and

f. reimbursements for expenses.

Please provide copies of your:

a. annual report for the past five years

Attachments 1 - 10

(28 August 2020)
(PDF6,479KB)

Does your company have a relationship with the:

a. Business Council of Australia?

b. Financial Services Council?

c. Australian Financial Markets Association?

d. Institute for Public Affairs?
If so, please provide details of any amounts paid to each group.

Are any commissions paid to employees?
If so, please provide:

a. Details of these commission arrangements.

b. The total amount of commissions paid for each of the last five years.

c. The conflicts of interest policy for managing these commission arrangements.

In the context of corporate governance, can you please provide for board directors (based or located in Australia or elsewhere) for the past five years:

a. A list of the Board members and their biographies.

b. De-identified total remuneration for each Board director.

c. De-identified disaggregated remuneration for each Board Director, including:

i. Base salary.

ii. Annual bonuses.

iii. The accumulated value of deferred bonuses unpaid.

iv. The accumulated value of deferred bonuses paid.

v. Any other annual, bonus or deferred remuneration information not covered in the previous four points.

vi. Reimbursements for expenses.

Self-managed super funds

a. Can you please advise whether you manage funds for SMSFs?

b. Have you allowed individuals and/or SMSFs to co-invest alongside your investments?

c. Do you allow individuals and/or SMSFs to co-invest alongside your investments?

Please advise whether you manage funds for:

a. family trusts?

b. trusts?

c. registered organisations, and if so which registered organisations?

Managing money for related parties

a. Do you manage money for any related parties, whether superannuation funds or otherwise?

b. If so, which organisations or entities?

c. In relation to these organisations or entities:

i. Are you aware whether those related parties have assessed the value of these arrangements, relative to best-practice arms-length arrangements available elsewhere, in terms of generating returns for members?

ii. Please provide your conflicts of interest policy for managing related party arrangements.

iii. Please provide your risk management approach for related party arrangements including line 1, line 2 and line 3 roles.

Attachments 1 - 4

(28 August 2020)
(PDF3,369KB)

If you are an investor in any banking institution, have you individually as a fund (or in collaboration with other funds), ever commissioned reports into its valuation in the past decade?

a. If so, how many reports and in what year?

b. Please provide copies.

Please provide details of the process you apply for assessing voting at annual general meetings of listed companies, including:

a. The committee appointed to make decisions.

b. The committee membership.

c. Whether that committee reports to the board.

d. What principles guide decision making.

e. Whether there is a report to the board about decisions made.

f. Whether decisions are made based on the objectives of improving capital value, or social or environmental priorities.

In the context of your board:

a. What is the process for board appointments?

b. Is there a skills matrix completed before board appointments?

c. Are any of your shareholders entitled to appoint directors?

d. How, if at all, are shareholders represented to the board?

e. How, if at all, are shareholders represented within the company?

Since 1 January 2020, for each fund, please outline:

a. The date and value at the highest valuation of the fund?

b. The date and value at the lowest valuation of the fund?

c. The number of business days between the highest and lowest valuation for the fund?

d. The nominal value between the highest and lowest valuation for the fund?

e. The percentage value between the highest and lowest valuation for the fund?

f. The number of business days between the date of the ASX’s lowest valuation, and the lowest day for the valuation of the fund?

g. The number of business days between the date of the ASX’s lowest valuation, and the lowest valuation of unlisted assets in the fund?

h. What volume of switching of investments occurred between funds between the highest and lowest valuations?

i. What volume of switching between funds occurred in that time by trustees of the fund that are also members of the fund, between the highest and lowest valuations?

j. What volume of switching between funds occurred in that time by executives of the fund that are also members of the fund, between the highest and lowest valuations?

k. What volume of switching between funds occurred in that time by other employees of the fund that are also members of the fund, between the highest and lowest valuations?

l. What integrity measures were taken to prohibit trustees, executives and employees switching between funds from taking advantage of arbitrage of any gap between the lowest valuation date of the ASX and any revaluation of the fund?

Responses to questions 149 - 153

(28 August 2020)
(PDF197KB)

On financial advisers providing non-intrafund advice (i.e. comprehensive advice - beyond the scope of intrafund advice) within the fund over the past five financial years:

a. How many do you employ (or are you paying for through outsourced arrangements)?

b. What is the revenue generated from these non-intrafund advisers?

c. How many financial advisers within the fund also provide intrafund advice?

d. If you have non-intrafund financial advisers within the fund also providing intrafund advice, how is their remuneration determined from different sources?

e. Is there any cross-subsidisation for non-intrafund financial advisers within the fund from activities funded through intrafund advice?

f. Is there any cross-subsidisation for financial advisers from intrafund advice to non-intrafund financial advisers within the fund?

g. What is the total budgeted cost and actuals for financial advisers?

h. What is the remuneration level/range for the financial advisers employed to provide non-intrafund advice to your members?