Industrial Relations Act 2016

This section applies if—

an industrial matter relates to an allegation an employer has been, or is, contributing to a complying superannuation fund for employees at a level required by a relevant industrial instrument; but

the fund is not the approved superannuation fund.

The commission, on its own initiative or on application by an inspector, organisation or employee concerned, may—

decide which complying superannuation fund the employer should have been, or should be, contributing to in order to comply with the relevant industrial instrument; and

order the employer to contribute accordingly.

If the commission considers it appropriate, the commission may make its order to operate from the date when a particular employee became eligible for payment of contribution to the fund decided by the commission.

The commission may recognise all or any of the contributions made by an employer to a complying superannuation fund up to and including the date of the commission’s decision as having met the requirements, or a part of the requirements, of a relevant industrial instrument, relating to employers’ contribution to the approved superannuation fund.