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Proposals to include superannuation in the National Employment Standards raise some "genuine concerns" for employers, a workplace lawyer says.

As previously reported, the Fair Work Legislation Amendment Protecting Worker Entitlements Bill 2023 would make superannuation contributions an NES entitlement under the FW Act. It also introduces a requirement for employers to make superannuation contributions to avoid the liability of paying the superannuation guarantee charge, under the SGC Act.

Kingston Reid partner Shelley Williams notes that in his second reading speech, Employment Minister Tony Burke pointed out that the Fair Work Act does not require superannuation contributions be paid to employees, and "this is a loophole that needs to be closed"...