Chapter 5 - Government Senators' View

Workplace Relations Amendment (Superannuation) Bill 1997
Table of Contents

Chapter 5 - Government Senators' View

5.1 A comparative examination of federal award provisions concerning superannuation and the SG requirements shows a distinct lack of compatibility between the two systems.

5.2 Government Senators are of the view that there is scope for confusion amongst employers as to what their obligations are and which obligation should prevail - SG or the award. This is particularly so for those with employees on a range of awards. It is therefore difficult to escape the conclusion that there is a need to simplify these provisions.

5.3 It is possible that in some limited situations, simplification may disadvantage some people who currently enjoy greater benefits of superannuation by virtue of some awards.

5.4 Some employees may be disadvantaged to some extent if superannuation is removed from the awards system. The size of this group is difficult to determine. Further, there are very limited options available for compensating for this disadvantage.

5.5 In many awards, the contributions required have not been updated in line with increases in SG (currently 6 per cent, rising to 7 per cent on 1 July 1998). Commonly, the contribution required is 3 per cent. Where an individual is earning less than $450 per month and is only entitled to the three percent specified in the award, the contributions involved are small. Indeed, it must be asked whether the same arguments advanced in respect of implementing a $450 SG threshold should not apply to these amounts.

5.6 However, at the low income levels in question, the amounts forgone may still be considered significant. The loss is not necessarily confined to superannuation contributions but may also include insurance cover associated with the superannuation fund membership.

5.7 One mechanism for compensating for the loss of contributions might be to cash out the lost benefits. However, both ASFA and the employee representatives indicated their opposition to making a cash top-up for those employees affected. It is probable that employers would also oppose such a move. This solution could also encounter difficulties in respect of AIRC orders.

5.8 A further option would be to lower the SG threshold to a level more in line with prevailing awards. While this option is superficially attractive, Government Senators do not consider there has been sufficient consideration of the issues associated with lowering the threshold for it to make a recommendation.

5.9 Government Senators consider there is also a case for requiring SG payments to be made quarterly. While this may inconvenience a small group of employers, the evidence available suggests that the impact should be minimal, as frequency of payment is generally determined by other factors such as employer-fund deeds, which require payment on a quarterly or monthly basis.

5.10 These proposed solutions have some shortcomings as they may increase the administrative burden on those employers currently required to make contributions under SG only. There are, however, compensating factors. The trade-off is that employers should no longer be required to meet the compliance costs associated with award superannuation obligations. For many employers with significant numbers of award employees in high turnover industries, this initiative would simplify their administrative burden considerably.

5.11 While small amounts involved in quarterly payments may increase costs, it must be remembered that most small employers are required in any case to remit group tax payments quarterly. Government Senators consider that costs of making small contributions may be reduced through electronic funds transfer, and funds and financial institutions should investigate methods of facilitating such transfers.

5.12 Government Senators do not accept arguments that the award system is conceptually simpler than SG. While employees may well understand their award entitlements, they also have entitlements under SG, which they also need to be aware of and understand. In many cases, particularly the level of payment, SG provides a superior benefit as many awards have not been updated and reflect a lower level of contributions than required under SG.

5.13 Consequently, removing superannuation from the awards system may well have the effect of making superannuation entitlements easier for employees to understand as well as simplifying administrative complexity for employers.

5.14 Government Senators are, however, concerned that there will be no effective dispute resolution mechanism available to employees in respect of disputes with employers about superannuation. While such disputes will hopefully be rare and resolved at the workplace level, a fallback dispute resolution mechanism may be needed. Government Senators suggest that the Government closely monitor whether there will be a future need for such a dispute resolution mechanism.

Recommendation

5.15 Government Senators recommend that the bill be passed, to take effect following implementation of the Government's Choice of Fund legislation.

5.16 Government Senators further recommend that the Government give consideration to introducing a requirement that SG contributions be remitted on not less than a quarterly basis.

5.17 Government Senators further recommend that the Government give consideration to introducing a dispute resolution mechanism, within a reconstituted Superannuation Complaints Tribunal or other body, to deal with potential disputes concerning superannuation between employers and employees.

(signed)

Senator John Watson, Chairman

Senator Alan Ferguson

Senator Julian McGauran