MA000099 PR546087 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.149A - Superannuation contributions for defined benefit members
s.155A - Terms dealing with superannuation
cl. 10 Sch. 1 - FWC to vary certain modern awards
cl. 11 Sch. 1 - FWC to update certain modern awards
Superannuation—2013 Review
(AM2013/25)
LABOUR MARKET ASSISTANCE INDUSTRY AWARD 2010
[MA000099]
Social, community, home care and disability services | |
SENIOR DEPUTY PRESIDENT ACTON |
MELBOURNE, 30 DECEMBER 2013 |
Default superannuation funds.
A. Further to the decision issued on 30 December 2013 [2013] FWCFB 10016 it is ordered that the above award be varied as follows:
1. By inserting the following definitions in clause 3.1 in alphabetical order:
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
2. By deleting clause 19.4 and inserting the following:
19.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds or its successor:
(a) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;
(b) a superannuation fund or scheme which the employee is a defined benefit member of.
B. This determination takes effect from 1 January 2014.
SENIOR DEPUTY PRESIDENT
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