The Court held that clause 26.5 of the enterprise agreements did not impose an obligation on the employer to make superannuation contributions for former employees after termination of employment, construing the obligation as applying only to 'permanent Employees' — a status lost upon termination. The Court further held, in obiter, that even if the clause were construed as requiring post-employment superannuation contributions, such a term would not be about a 'permitted matter' under s 172(1)(a) of the Fair Work Act because it would require payments in respect of a non-employee, and would therefore be unenforceable under s 253(1)(a). The decision distinguishes Sydney Ferries on the basis that the obligation there operated during the employment relationship only, and treats Manufacturing Grocers as limiting employer superannuation contribution obligations to the currency of employment.
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