AN120196 – Engine Drivers General (State) Award
37.1 Definitions
In this clause
(a) ‘eligible employee’ means
(i) a weekly employee who has 4 week continuous service in the industry
(ii) a casual employee who has had 76 hours or four weeks service in the industry, whatever period is the greater.
(b) ‘service in the industry’ means an employee whose employment is covered by the terms of this award.
(c) ‘Ordinary time earnings’ means:
(i) in the case of a weekly employee, the employee’s classification weekly rate of pay plus, where applicable, allowances, shift allowance or overaward payments for ordinary hours of labour
(ii) in the case of a casual employee, earnings for the employees classification during ordinary working hours (including 20% casual loading), plus where applicable, allowances, shift allowance or over award payments for ordinary hours of labour.
(d) ‘Classification rate of pay’ shall mean the relevant amounts prescribed in clause 5 of this award.
(e) ‘Allowances’ shall mean the relevant amounts prescribed in clause 4 where paid regularly for all purposes. Provided that the allowance prescribed in clause 24.3(a) is excluded.
(f) ‘The fund’ shall means
(i) CTRF - the Combined Trade Union retirement fund
(ii) ARF - Australian Retirement Fund
(iii) another industry superannuation scheme established in accordance with the commonwealth Superannuation Guarantee Legislation which is agreed to by the employees, the employer and the union (if applicable’). The union and an employer may agree to an alternative fund. Provided that where no agreement is reached an employer may make application to the NSW Industrial Relations Commission for approval of an alternative fund.
(g) ‘Trustee’ means the trustee of the fund as may be appointed from time to time.
37.2 Enrolment
(a) Each employer shall
(i) enter into a formal agreement with the trustee acknowledging itself as being bound by the funds deed
(ii) take all reasonable steps so that each of the employer employees becomes a member of the fund.
(b) Each employee shall join the fund.
37.3 Employer Contributions
(a) Each employer shall at the time payment is made pursuant to subclause 37.4 pay to the trustee in respect of each eligible employee the amount prescribed by the commonwealth superannuation guarantee legislation.
(b) When an employee becomes and eligible employee the employer shall pay contributions for the qualifying period.
37.4 Remitting Payments
Each employer shall remit to the Trustee all payments due in respect of their employees immediately at the conclusion of each calendar month or at other such times and in such a manner as may be agreed in writing between the Trustee and the employer.
37.5 Statement of Service
For the purposes of ensuring that an employee may prove their service in the industry so as to become an eligible employee, each employer shall, if requested by an employee, provide to the employee a written statement setting out the dates of employment with the employer.
37.6 Unpaid Contributions
Where an employer has failed to enter into a formal deed with a fund the employer shall make application and enter into a formal deed with the fund. Upon entering into a deed with the trustee the employer shall make equivalent contributions to those which would have been payable under subclause 25.3. After which time the employer shall continue to make contributions in accordance with this clause.
37.7 Employee Contributions
Subject to the rules of the fund, employees of a respondent employer who wish to make contributions to the fund additional to those being made by the employer shall be entitled to do so. Such an employee may either forward their own contributions directly to the Trustee or, where it is practicable to do so, authorise the employer to pay into the fund from the employee’s wage an amount specified by the employee.
