AN120089 – Building and Construction Industry (State) Award
Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth) (collectively the superannuation legislation) and s.124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
26.1 Definitions
For the purposes of this clause:
26.1.1 "Fund" means a complying superannuation fund, as that term is used in the Superannuation legislation.
26.1.2 "Ordinary time earnings" means the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowances, industry allowance, trade allowance, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer), multi-storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances and supervisory allowances, together with those fares and travel allowances (as contained in clauses 38.1, 38.2, 38.3, 38.6.2 and 38.11) paid for days where ordinary time is worked, where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded. (Note: for the purposes of this subclause "ordinary hours of work" includes ordinary hours of shiftwork where applicable).
26.2 Employer Contributions
An employer must, in accordance with the governing rules of the relevant fund, make such superannuation contributions for the benefit of an employee in accordance with the superannuation legislation. For the purposes of the superannuation legislation, an employees ordinary time earnings are intended to provide that employees notional earnings base.
26.3 Voluntary Employee Contributions
26.3.1 Subject to the governing rules of the relevant fund, an employee who wishes to make contributions to the Fund may either forward his or her own contribution directly to the Fund administrators or authorise the employer to pay into the Fund from the employees wages, amounts specified by the employee.
26.3.2 Employee contributions to the Fund deducted by the employer at the employees request shall be held on the employees behalf and subject to individual agreement shall meet the following conditions:
(a) the amount of contributions shall be expressed in whole dollars.
(b) An employee shall have the right to adjust the level of contribution made on his or her own behalf from the first of the month following the giving of three months written notice to the employer.
(c) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under 26.2.
26.4 Superannuation Fund
26.4.1 An employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following funds:
(a) C+BUS, ASSET, STA, Building Employees Superannuation Trust.
(b) any fund agreed between the employer and an employee.
(c) any fund which has application to employees in the principal business of the employer, where employees covered by this award are a minority of award- covered employees; or any other Fund to which and employer or employee who is a member of the religious fellowship known as The Exclusive Brethren elects to contribute.
(d) any Fund the employer was contributing to as at 1 December 1991 or at the date of becoming bound by this award, provided that the level of contribution satisfies the award requirements.
26.4.2 An employer is not required to contribute to more than one Fund in respect of an employee employed under this Award.
26.5 Absence from Work
Subject to the governing rules of the fund of which an employee is a member, the following provisions shall apply:
26.5.1 Paid Leave
Contributions shall continue whilst an employee is absent on annual leave, sick leave, personal/carers leave, bereavement leave, long service leave, public holidays, jury service, or other paid leave.
26.5.2 Work Related Injury or Illness
In the event of an employees absence from work being due to work related injury or illness, contributions at the normal rate shall continue for the period of the absence provided that:
(a) the person remains an employee of the employer; and
(b) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award.
