AN120187 – Dry Cleaning (State) Award
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1995, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
13.1 Definitions
13.1.1 The Fund will mean the Australian Retirement Fund.
13.1.2 Ordinary time earnings for the purposes of this clause, means:
(a) award classification rate;
(b) any regular over-award pay as well as casual rates received for ordinary hours of work.
(c) shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime;
(d) the payment for work performed exclusively and wholly during overtime hours as Saturday and Sunday.
(e) payment by results earnings.
13.1.3 Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowances.
13.2 Employer Contributions
13.2.1 In addition to other payments provided for under this award, the employer will make a superannuation contribution to the Fund on behalf of the eligible employees, of an amount equivalent to three percent of the employee's ordinary time earnings.
13.2.2 A respondent employer will contribute to the fund:
(a) monthly by the last day of the month following the total of the weekly contribution amounts accruing in the previous month in respect of each employee; or
(b) equivalent monthly contributions at such other time and in such manner as may be agreed in writing between the Trustees of a fund and the employer;
(c) Contributions will continue to be paid in accordance with this clause during any period in respect of which an employee is entitled to receive accident pay in accordance with clause 28 - Accident pay.
13.2.3 The provisions of this clause do not exclude the employer from their obligations under the Superannuation Guarantee (Administration) Act 1992 or the Superannuation Guarantee Charge Act 1992 as amended from time to time.
13.2.4 Subject to further order of the Commission, respondent employers are only required to make contributions in accordance with this 13.2.1 on behalf of employees who have been employed for a qualifying period of eight continuous weeks. Once an employee has completed the qualifying period, the employer's contributions must be paid from the date the employee commenced employment.
13.3 Cessation of Contributions
The obligation of the employer to contribute to the Fund in respect of an employee will cease on the last day of such employees employment with the employer.
13.4 Voluntary Employees Contributions
13.4.1 An employee may make contributions to the fund in addition to those made by the respondent employer under 13.2.
13.4.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the fund, from the employee's wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.
13.4.3 An employer who received written authorisation from the employee, must commence making payments into the fund on behalf of the employee within fourteen days of receiving authorisation.
13.4.4 An employee may vary his/her additional contributions by a written authorisation and the employer must alter the additional contributions within fourteen days of receiving the authorisation.
13.4.5 Additional employees contributions to the fund requested under this clause will be expressed in whole dollars.
13.4.6 Employees will have the right to adjust the level of contributions made on their own behalf on the first of July each year. By agreement with the respondent employer the employees may vary their additional contribution at other times.
13.5 Exemptions
13.5.1 An employer must, in accordance with the governing rules of the fund, make superannuation contributions to:
(a) the Australian Retirement Fund.
(b) any fund agreed between an employer and an employee.
13.5.2 If the employee is a member of the Union, the employee may be represented by that union in meeting and conferring with the employer about the matter and the employer must give the union a reasonable opportunity to meet and confer about the matter. Note: the consent of the Union is not required to any agreement between the employer and the employee.
13.5.3 Any agreement reached in accordance with 13.5.2 must be recorded in the time and wages records kept by the employer.
13.5.4 An employer is not required to contribute to more than one fund in respect of an employee employed under this award.
13.6 Absence from work
Subject to the governing rules of the fund, the following provisions will apply:
13.6.1 Paid leave
Contributions will continue whilst a member of the fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave or other paid leave.
13.6.2 Work related injury or illness
In the event of an employees absence from work being due to work related injury or work related illness, contributions at the normal rate will continue for the period of the absence, provided that:
(a) the member of the fund 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; and
(b) the person remains an employee of the employer.
