UNSW superannuation underpayments

Executive March 2008

Report adopted

Members employed at UNSW have been underpaid in superannuation contributions by the University of New South Wales.

The University has not paid the full 17% employer contribution, but has only paid the statutory 9% employer contribution.

When the union raised this, the University paid the 8% 'gap' from 2006 without interest. The University has not however paid the gap from the date of employment to 2006. Some members were employed as early as 1988.

The union is seeking legal advice on behalf of members and will need to make a claim for payment in the courts on behalf of members.

Although the union has raised the matter with Unisuper, Unisuper do not prosecute for compliance breaches of the Trust Deed. The union is not a party to the Trust Deed.

Further, the union cannot run a dispute under an expired Enterprise Agreement to recover any outstanding payments. The union claim is for payment prior to 2006 and the Agreement expired in 2006.