The Full Bench of the Fair Work Commission (FWC) has released a decision provisionally deferring an increase in the rate of supported employee superannuation contributions until 1 January 2021.

The FWC had previously made a decision in December 2019 varying the rate of supported employee superannuation contributions in the SES Award to the greater of 9.5% of ordinary time earnings or $15.00 per week, to take effect from 1 October 2020.In January 2020, the FWC indicated that the Department of Social Services (DSS) should provide a response to NDS's request for financial support from the Commonwealth Government to the increase in the rate of superannuation contributions for 12 months. The FWC has stated that it has not been advised of any response by the Commonwealth Government as sought in their January 2020 statement.Taking into account the lack of response from the Commonwealth and the effect of COVID-19 upon the operation of Disability Enterprises, the FWC has provisionally deferred the operative date of the superannuation increase until 1 January 2021. The FWC will allow interested parties 14 days to file any submissions in response to the provisional deferral.NDS will lodge a submission and will be in direct contact with DSS seeking provision of government funding to cover the cost of the increase in the supported employee superannuation rate. We will continue to keep members advised of developments in this matter.