Paul Bracegirdle is listed to appear in the Royal Commission at its hearing in Perth today. The Royal Commission has advertised its intention to hear evidence relating to the Transport Workers' Union during the next 3 days.
So who is Paul Bracegirdle?
On 9 September 2011 Commissioner Ian Cambridge in the Fair Work Commission heard an application for the approval of an Enterprise Agreement involving Toll Holdings Ltd and the Transport Workers Union.
One of the effects of the EBA was to remove the right of workers to choose their own super fund.
The word "Fund" appears in the EBA's definitions:
And here is Clause 28 (d) of the EBA:
Finally here is what Commissioner Ian Cambridge said in his written judgement on the application by Toll Group and the Transport Workers' Union.
The application for approval was listed for E-Hearing before FWA on 2 September
2011. The E-Hearing was subsequently converted to an attendance Hearing at which time the
following appearances were recorded:
- Mr M Baroni solicitor appeared for the Employer;
- Mr M Burns General Counsel of the Transport Workers’ Union of Australia (the TWU) appeared for the TWU; and
- Mr P Bracegirdle appeared via telephone, as a self appointed bargaining representative on behalf of himself.  FWAA 6210
 It became apparent during the Hearing that both the Employer and the TWU supported
the application for approval of the Agreement and that Mr Bracegirdle did not.
 Mr Bracegirdle raised concerns about the bargaining process that led to the making of
the Agreement and which did not appear to involve him in his capacity as a bargaining
representative. Mr Bracegirdle also raised concern about some of the terms of the Agreement.
Particular concern was raised with clause 28 (d) of the Agreement which removed employee
choice of superannuation fund and compelled contributions to be made into “TWUSUPER”.
 During the Hearing I expressed my personal disapproval of a term such as clause 28 (d) of the Agreement. However, I understand that the choice of fund requirements of the Superannuation Guarantee (Administration) Act 1992 permits a term such as clause 28 (d) of the Agreement. Therefore the terms of clause 28 (d) of the Agreement, as distasteful as I personally find them, do not prevent the approval of the Agreement.
 The Hearing was adjourned to allow Mr Bracegirdle a period of 7 days to obtain legal
or other advice which might assist with the provision of some communication to FWA
indicating any basis upon which the approval of the application might be refused. FWA has
received written communication from Mr Bracegirdle dated 8 September 2011 which, inter
alia, mentions that the Employer and “our local union organiser” are said to be “happy” to
establish a Site Arrangement under clause 14 of the Agreement which would provide for
choice of superannuation fund. The communication from Mr Bracegirdle has attached a
petition of some 53 individuals who have expressed a wish to be given a choice of
superannuation fund. I strongly urge that such a Site Arrangement be established.
I share Ian Cambridge's distaste at the grubby deal between Toll Group and Tony Sheldon. How do workers benefit from being forced into Sheldon's super fund?