A spokesman for Kmart said that the agreement on the election of Superannuation in the new agreement was consistent with previous EBA and the Superannuation Act. There was no basis for finding that Kmart was breaking the law by removing the electoral list from the Enterprise Agreement (EA) before the end of the elections and finding that the erroneous involvement of 1,422 employees did not disturb the 92% majority of the agreement. Wages for day workers at other times will increase from the end of the agreement, then increase with the salary increase obtained by the SDA with the ACTU during the Fair Work Commission`s Annual Wage Review (AWR) (for example, we received a 3.5% increase this year and a 3.3% increase the previous year). Parental Leave The new agreement maintains the current plan for 24 months of unpaid parental leave. The NES provides for 12 months of unpaid parental leave. The new agreement no longer provides for an increase in the government`s paid parental leave. This is particularly true for some workers for whom the agreement “has generally been only more advantageous than the allocation at a relatively short distance.” However, the bank agreed that the super-fund clause imposed on the majority staff of kmart was negative because it deprived them of its choice, and expressed concern that the agreement made them less favourable than the allocation. “For a very long time, retail and fast food agreements have locked superannuation into REST. The fast food giant has now reportedly accepted the principle of union policy requests in order to submit its existing agreement and bring staff with companies back to the bonus to maintain the higher pay conditions of existing staff. Innes Willox, chief executive of the Australian industry group, said superannuation laws allowed companies to repeal the fund`s choice because employees expressed their choice when they voted to approve the enterprise agreement. Classifications The proposed agreement has a new classification structure: a new collective agreement is being negotiated for kmart employees.
Credit:SMH Retail and Fast Food Workers Union (RAFFWU) is questioning the Kmart agreement on the grounds that workers may be less well off. The Heydon Royal Commission in Trade Union Governance and Corruption 2014-15 recommended amending superannuation laws to prevent enterprise agreements from excluding the choice of fund.