A MACKAY truck driver is taking on the Transport Workers Union in an attempt to change his company's Enterprise Bargaining Agreement to include a choice of employee superannuation funds.

Damian Herrington said his company, Toll Group NQX, was supportive of an employee push to add a choice of super funds into a new EBA that was being negotiated.

But he said the TWU refused to make the change.

"Out of 95 employees at the Mackay depot, we've had 93 of those sign the petition saying this is a key issue for us."

Mr Herrington said the union had agreed to allow current employees the right to change their super from the TWU fund into the fund of their choice but that this would only be allowed for a period of a few months and not be permitted for future employees.

"I was forced to resign earlier this year when I had leave scheduled for my wife to have a baby because I wanted control over my own super," he said. "I quit, thinking that my super would be given to me so I could roll it into a self-managed fund and then go back to work.

"I've been re-hired but I'm not getting paid because the union refuses to release my super fund until Toll makes the last payment into it, which might not happen for a few more weeks, and Toll can't include me as a paid employee unless I sign a new contract, which involves signing up to the TWU super fund."

He said employees were baffled as to why the union wouldn't support their push for a choice.

"Very rarely do you have an employer fighting against the union for something a vast number of employees want."

Toll Group spokesman Christopher Whitefield said part of the company's offer for the new EBA was to include a choice of super funds.