Modern award superannuation clause review 2026
Citation: [2026] FWCFB 169
At a glance
- Awards cited
- MA000123, MA000017
What happened
The Fair Work Commission (FWC) initiated a review of superannuation clauses in modern awards, following changes to superannuation laws via the Treasury Laws (Payday Superannuation) Act 2025. The Act requires employers to make superannuation contributions at the same time as salary payments. This review also addresses a merger between Telstra Super and Aware Super, impacting the Telstra Award 2015. Commission staff reviewed awards and found one, the Textile, Clothing, Footwear and Associated Industries Award 2020, had a clause potentially inconsistent with the new law.
What was decided
The FWC provisionally decided to delete clause 27.2(b) of the Textile Award, which stipulated contributions within 28 days. They also propose replacing ‘Telstra Super’ with ‘Aware Super’ in clauses 18.3(a) and (b) of the Telstra Award due to the merger. Interested parties are invited to submit comments by July 24, 2026. If no objections are received, final determinations will be issued.
What it means for employers
Employers should review their modern award obligations regarding superannuation contributions. The Payday Superannuation Act requires timely payments alongside wages. Employers covered by the Textile Award may need to adjust payment schedules. Staying informed about changes to superannuation legislation and how they impact awards is crucial for compliance.
What it means for employees
Employees will benefit from more timely superannuation contributions, aligning with their salary payments. Those working under the Telstra or Textile Awards should be aware of the proposed changes to award clauses related to superannuation funds and payment schedules. Employees can provide feedback on these provisional views.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections