AN150029 – Carpenters & Joiners (General) Award 1993
#OPDATE 14:01:93 1st pp on or after
48.1 Definitions
(a) "Employee" means an employee who is eligible to be a member of The Amalgamated society of Carpenters and Joiners of Australia (S.A. Branch) and The Construction, Forestry, Mining and Energy Union (S.A. Branch), and is an employee of a participating employer in the Fund.
(b) "Approved Fund" shall mean any one of the following Funds.
(i) Allied Construction Employees Superannuation Scheme as amended from time to time, and includes any superannuation scheme which may be made in succession thereto, or
(ii) An alternative superannuation scheme conforming to the Commonwealth Governments Operational Standards for Occupational Superannuation and which is agreed to by the Unions.
Any dispute rising in relation to this issue shall be referred to the Industrial Commission of South Australia for determination.
(c) "The Unions" means the Amalgamated Society of Carpenters and Joiners of Australia (S.A. Branch) and the Amalgamated Construction, Mining and Energy Union of Australia (S.A. Branch).
(d) "Ordinary time earnings" of an employee shall, for the purposes of this ward, means the classification rate, industry allowance, tool allowance, and where applicable supplementary payments, and shift work premiums.
(e) "Participating employer" shall mean an employer who has signed a deed of adherence to the trust deed of an approved fund.
48.2 Parties Bound
This clause shall apply to and be binding upon:
(a) The Amalgamated Society of Carpenters and Joiners of Australia (S.A. Branch) and the Construction, Forestry, Mining and Energy Union (S.A. Branch);
(b) All employer respondents to the award in respect of their employees carrying out duties within the scope of this award.
48.3 Employer Contributions
(a) After consultation with the employees, the employer shall nominate the approved fund to which the contributions shall become payable and shall apply to the trustee of the fund to become a participating employer; and each employee shall make application to be a member of the "approved fund".
(b) Each employer shall pay to the Trustee of the "approved fund" on behalf of each employee covered by this award, an amount equivalent to 3% of ordinary time earnings (as defined) per pay period rounded to the nearest whole dollar.
48.4 Employers Bound By Other Schemes
An employer already paying contributions on behalf of an employee to a pre-existing superannuation scheme shall not be required to make additional contributions in accordance with subclause 48.3 hereof where:
(a) Contributions have been made in respect of a period of work to the Construction + Building Unions Superannuation Scheme, the Allied Unions Superannuation Trust, the Construction Employees Consolidated Fund, and the Combined Trade Union Retirement Fund, or similar recognised on-site schemes.
(b) Employer contributions have been made on behalf of an employee to a fund which conforms to the Government's Operational Standards for Occupational Standards for Occupational Superannuation; any such employer shall be exempt from the operation of this clause provided that such employer contribution is not less than that stipulated in subclause 48.3 hereof.
48.5 Proof of Exemption
The employer of an employee required to carry out periods of on-site work who is a participating employer in a superannuation fund other than an approved fund listed in paragraph 48.1 (b) hereof, but it is not a participating employer of an on-site superannuation fund, would be responsible for obtaining the necessary clearance before the period of on-site work commences.
48.6 Majority
Where the majority of employees in a particular off-site establishment are already covered by a pre-existing superannuation scheme which conforms to the Commonwealth Government's Occupational Superannuation, this clause will not apply provided that the employer is making contributions at a rate not less than 3 per cent of ordinary time earnings for each employee otherwise covered by this clause.
48.7 Apprentices
An apprentice employed by an employer registered as a participating employer with an approved fund shall be eligible to have contributions paid by that employer for periods of work under this award, regardless of whether the indentures are entered into under this award or a State Apprenticeship Act.
Provided that:
(i) A participating employer shall not be liable to make any contributions on behalf of an apprentice for any period of on-site work where that employer is already a member of a recognised on-site superannuation fund.
In respect of such periods of on-site work it is the responsibility of the apprentice to apply for membership of the C + BUS Superannuation Fund. At the completion of apprenticeship, the apprentice should apply to the trustees of C + BUS Superannuation Fund for credits to be made from the Apprentice Levy Fund in receipt of such periods of on- site work.
At the request of the apprentice, these funds can be transfered to an approved fund as defined by this award.
(ii) Apprentices indentured to Group Apprenticeship Schemes shall be exempt from the provisions of this clause.
48.8 Unpaid absences
An employer shall not be required to make a contribution on behalf of an employee who is absent from work without pay.
48.9 Employee Contributions
(a) Subject to the rules of the Fund, employees who may wish to make contributions to the Fund additional to those being paid pursuant to subclause 48.3 hereof, shall be entitled to do so. Such employees may either forward their own contribution directly to the Fund administrators or, where it is practicable to do so, authorise the employer to pay into the fund from the employee's wages amounts specified by the employee.
(b) Additional employee contributions to the Fund forwarded by the employer at the employee's request shall be subject to the following conditions:
(i) The amount of contributions shall be expressed in whole dollars.
(ii) Employees shall have the right to adjust the level of their own contributions from the first of the month following the giving of one months written notice to the employer. Provided that by agreement with the employer, employees may, at other times vary their additional contribution in extenuating circumstances.
48.10 Cessation of Contributions
An employee's eligibility for employer contributions to the Fund will cease on the last day of employment with the respondent employer and the respondent employer shall not make any contributions to the Fund in respect of any period beyond that last day of employment.
48.11 Approved Status
Should the scheme lose its approved status under the Income Tax Assessment Act or if the scheme fails to conform fully to the standard laid down by the office of the Occupational Superannuation Commissioner the employer may suspend employer contributions immediately and until such time as compliance is achieved.
48.12 Exemptions
This provision shall not be binding upon:
(a) The Commissioner for Public Employment;
or
(b) State Transport Authority; or
(c) South Australia Health Commission; or
(d) Electricity Trust of South Australia; or
(e) Subject to subclause 3 (a) where an employer or an employee is a member of the Brethren and holds a certificate pursuant to section 116 of the Industrial and Employee Relations Act 1994, the employer shall be exempt from making contributions and the employer from having contributions made on the employees behalf to an approved Fund provided that:
(i) In the case of an employer, contributions on behalf of employees shall be made into a fund operated in accordance with and identified as a BR 1188 Fund, and
(ii) In the case of an employee, contributions shall be made to a fund nominated by the employee operated in accordance with and identified as a BR 1188 Fund.48.13 Reserved Matters
Leave is reserved to all parties to continue discussions with respect to subclause 4 (a) to bring about a satisfactory resolution of the interaction between the approved funds provided for in this clause and the Construction + Building Unions Superannuation Scheme, the Allied Unions Superannuation Trust, the construction Employees Consolidated Fund and the Combined Trade Union Retirement Fund, or similar recognised on-site schemes.
