Industry Super Australia chief executive David Whiteley recently noted that whilst section 68A of the SIS Act prohibits a bank from offering business banking discounts and other incentives in exchange for access to employees’ superannuation “there is no civil penalty for this breach to deter this behaviour”.
Mr Whiteley said the assertion is based on legal advice provided by Arnold Bloch Leibler.
In a survey of 550 small and medium-size businesses conducted by UMR Research, Mr Whiteley said 26 per cent of the employers surveyed stated that a major bank had approached them about transferring their employees’ default superannuation to the bank’s own retail super fund in the past year.
“Just under half of those approached say their bank offered them benefits to change funds,” he said.
“The most common offers made by the banks involved a direct benefit to the business rather than employees, such as discounts on business banking and insurance products – some employers report being offered tickets to sporting events.”
SMSF Association director of technical and professional standards Graeme Colley said the lack of protection available to consumers around these sorts of deals shows the importance of people exercising their choice of superannuation fund.
“If people don’t like this then they should really vote with their feet and move to the superannuation fund of their choice, not the choice of their employer,” Mr Colley told SMSF Adviser.
“That’s what the government wants people to do, and this might encourage them to act in their own best interests rather than being limited to the choice of their employer.”



I was “Wondering” that too.
Perhaps this is more about protecting their turf then a public interest concern?
Now, I stand to be corrected, but don’t the industry super funds have a cozy deal struck with the labor party when workplace agreements were used to enshrine industry super funds as default my super funds for various workplace agreements.
Didn’t they recently also fight vary hard to have this cozy relationship stay in place.
Can someone please tell me how this is different from a bank trying to increase its share of the super fund pie.
Me thinks Mr Whiteley complains to much.
How will they be able to blame their favourite scapegoat, “Rogue Advisers”, for this one?