AN120505 – Social and Community Services Employees (State) Award

26. 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

26.1 An employer shall contribute to a superannuation fund as specified in 26.4 on behalf of each eligible employee, such superannuation contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time.

26.2 Employers to Participate in Fund

(a) An employer shall make application to the Fund as specified in 26.4 to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.

(b) An employer shall provide each employee who is not a member of the Fund with a membership application form upon commencement of employment.

(c) Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of employment.

26.3 Additional Employee Superannuation Contributions

(a) An employee may make contributions to the Fund as specified in 26.4 in addition to those made by the employer.

(b) 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 Fund trust deed and rules.

(c) An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within 14 days of receipt of the authorisation.

26.4 The "Fund" shall mean the Health Employees Superannuation Trust Australia or the Australian Superannuation Savings Employment Trust or any complying Fund.