SUPERANNUATION UPDATE - THE SIGNIFICANCE OF A COMMON LAW DEED.

The Government today agreed to enter into a common law deed of agreement in relation to superannuation. This has been vigorously resisted by Government to date.

A common law deed of agreement is a legally binding document that is enforceable in the Supreme and County Courts of Victoria. This means that the parties to the agreement are legally bound by the document and its contents. Its contents cannot be changed unless the parties agree to such change and if either party breaches a term of the agreement the Court can order specific performance of the terms of the agreement as well as financial penalties against the offending party.

In short any breach can be rectified by legal remedy. Members should note that this is stronger than legislation as legislation can be unilaterally changed at any time.

The terms of the deed will be subject to detailed negotiation over the next week. The unions will seek top level legal advice on the terms of the agreement.

Further, the final agreement will subject to membership endorsement.

      
Paul Mullett                     Peter Marshall                    Steve McGhie
Secretary                        Secretary                           Secretary
The Police Association     United Firefighters Union     Ambulance Employees Union