AN140052 – Cafe Restaurant and Catering Award - State (Excluding South-East Queensland) 2003.
5.6 OCCUPATIONAL SUPERANNUATION
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In addition to all other entitlements pursuant to this Award, all eligible employees (as defined in clause 5.6.1(b)) shall be entitled to occupational superannuation contributions paid by the employer. Such contributions shall be paid into an approved fund (as defined in clause 5.6.1(a)) in accordance with clause 5.6.
5.6.1 Definitions
(a) An "approved fund" means:
(i) Host Super;
(ii) Sunsuper;
(iii) MTAA Industry Superannuation fund;
(iv) Metway Super;
(v) A fund to which the employer was at 24 May 1989, contributing superannuation payments on behalf of the employer's employees and which complies with the requirements of the relevant Commonwealth occupational superannuation legislation.
(vi) In the case of a minority group of employees of a particular employer, any industry, multi-industry or other fund which has been approved in an award or an agreement approved by an Industrial Tribunal whether State or Federal jurisdiction which already has practical application to the majority of Award employees of that employer.
(b) "Eligible employee" means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a minimum of 50 hours during that period. After completion of this period, superannuation contributions shall then be made in accordance with clause 5.6.2 effective from the commencement of that qualifying period.
(c) "Ordinary time earnings" for the purposes of clause 5.6 means the gross ordinary pay the employee receives for the ordinary hours of work performed in the relevant pay period and includes supervisory allowances, shift allowances as prescribed in clause 5.5 and Divisional and District allowances, where applicable.
5.6.2 Contributions
(a) Amount - As from 1 January 2005 every employer shall contribute on behalf of each eligible employee an amount calculated at 9% of the employee's ordinary time earnings, into an approved fund, as defined in this clause. Each such payment of contributions shall be rounded off to the nearest ten (10) cents:
Provided that where an employee is absent and is receiving by way of workers' compensation an amount of money no less than the award rate of pay the contribution shall be calculated at 3%.
(b) The employer may suspend contributions on behalf of an employee for any period when the employee is absent from work on unpaid leave:
Provided that in relation to an eligible employee an employer shall continue to make contributions in respect of any period during which an employee is absent from work on workers' compensation up to a maximum of 26 weeks.
5.6.3 Future movements
The amount of contribution as prescribed in clause 5.6.2 shall be adjusted to accord with movements in the applicable rate of wage as set out in clause 5.2 for the particular classification of employee. Such contribution shall be rounded off to the nearest 10 cents.
5.6.4 General
(a) The employer shall remit contributions to the approved fund on a monthly basis.
(b) Eligible employees may personally make contributions to the approved fund in addition to the employer contributions prescribed by clause 5.6.2. The employer shall, at the employee's written request, make arrangements for such authorised deductions from the employee's pay to be forwarded to the administrators of the approved fund.
(c) No additional amount shall be charged by the employer for the establishment, administration, management or any other charges in connection with the approved fund.
(d) Nothing in clause 5.6 shall act to diminish the rights and responsibilities of the Trustees of an approved fund as set out in accordance with the Deed of Trust and Rules thereto as amended from time to time.
