AN120154 – Concrete Pipe and Concrete Products Factories Consolidated (State) Award

16. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions.

(a) The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 and S.124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(b) The employer shall be a participating employer in any of the following funds: Australian Public Superannuation (APS); Australian Superannuation Savings Employment Trust (ASSET);

and any other complying superannuation fund as defined by s.124 of the Industrial Relations Act 1996 (NSW);

and shall participate in accordance with the Trust Deed of that fund.

The employer shall contribute to either of the funds in accordance with the legislation listed above.

(c) The employer shall provide each employee upon commencement of employment with membership forms of the above funds and shall forward the completed membership form to the fund selected by the employee within 14 days.

(d) An employee may make contributions to the fund in addition to those made by the employer.

(e) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee's wages a specified amount in accordance with the Trust Deed and the rules of the fund.

(f) An employee may vary any additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation. There may be only two (2) variations made per annum.

(g) All contributions shall be made at the completion of each calendar month.

(h) Ordinary time earnings shall be defined as including:

(i) Award classification rate

(ii) overaward payment

(iii) Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty

(iv) Casual loading in respect to casual employees including 1/12 annual holiday loading. And any other payment made that is defined by the Acts listed above in this section.