AN140103 – Electrical Contracting Industry Award - State 2003
5.7.1 Application
In addition to the rates of pay prescribed by clause 5.4, employees shall be entitled to Superannuation provisions prescribed in clause 5.7.
5.7.2 Definitions
(a) "Eligible Employee" shall mean an employee, including an apprentice, engaged to work under the terms and conditions of this Award.
(b) "The Plan" shall mean the Superannuation Plan for Electrical Contractors Queensland (S.P.E.C. Qld.) or any other Superannuation Plan approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.
(c) 'ordinary time earnings' shall mean the ordinary time rate of pay the employee receives for their ordinary hours of work
all work related allowances such as tool allowance, tradesperson's allowance, licence nominee's allowance, service increment, construction, reconstruction, alteration and repair and/or maintenance work allowances;
shift loading, qualification allowance (e.g. first aid), district/location allowances, leading hand allowances, forepersons allowance, and other supervisory allowances, mobility allowance; and
special rates including asbestos eradication allowances, multi-storey allowances, including service core allowance, height money, disability allowances such as live sewer allowance, special sites allowance and underground work allowance.
5.7.3 Contributions
(a) Employers who are members of the Electrical Contractors' Association of Queensland will make minimum contributions to the Plan in the following manner:
(i) From the first day of January, 1988, an amount of $6.50 per week.
(ii) From the first day of January, 1989, an additional amount of $7.00 per week.
(iii) From the first day of July 1990, an amount equal to 3% of the employees ordinary time earnings. Each payment of contributions shall be rounded off to the nearest 10 cents.
(b) Employers who are not members of the Electrical Contractors' Association of Queensland will make minimum contributions to the Plan in the following manner:
(i) From the first day of June, 1988, an amount of $6.50 per week.
(ii) From the first day of January, 1989, an additional amount of $7.00 per week.
(iii) From the first day of July 1990, an amount equal to 3% of the employees ordinary time earnings. Each payment of contributions shall be rounded off to the nearest 10 cents.
(c) From the first day of July 2002, all employers will make minimum contributions of an amount equal to 9% of the employee's ordinary time earnings. Further adjustments to the percentage contribution shall be made in accordance with the Superannuation Guarantee (Administration) Act 1992 (C'wth). Each payment of contributions shall be rounded off to the nearest 10 cents.
(d) Unless otherwise agreed to between the Union and the employer, or their accredited representative, the obligation upon an employer to make Superannuation contributions under clause 5.5 shall be in addition to, and remain distinguishable from, any contributions being made by such an employer prior to the introduction of clause 5.5, in accordance with the Rules of the Particular Plan.
(e) Contributions for part-time or casual employees, provided they are employed for a minimum of 10 hours per week or 40 hours per month, shall be on the same basis as full-time employees.
(f) Cessation of Contributions - Employee eligibility for contributions to the Plan will cease at the end of the last day of employment with an employer. An employer will not be required to make any further contributions to the Plan after such date.
(g) "Regular Payment" - The employer shall regularly pay the contributions outlined in clauses 5.7.3(a) and 5.7.3(b), to the credit of each such employee in accordance with the requirements of the Approved Fund Trust Deed, but in any event at least once in each calendar month.
(h) "Absences from Work" - Contributions shall continue to be paid on behalf of an eligible employee during any absences on paid leave such as Annual Leave, Long Service Leave, Public Holidays, Sick Leave and Bereavement Leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences, except in the case of absence on workers' compensation. In the case of Workers' Compensation, the employer shall contribute in accordance with clauses 5.7.3(a) and 5.7.3(b), whenever the employee is receiving by way of workers' compensation, an amount of money no less than the Award rate of pay.
(i) As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the Industrial Relations Act 1999 and are employed by an employer who also belongs to that fellowship contributions may be made to any Fund nominated by the employer and approved by the Brethren.
As to employees who hold a Certificate issued pursuant to section 115 of the Industrial Relations Act 1999 where membership of a Fund cited in an Award would be in conflict with the conscientious beliefs of that employee in terms of section 115, contributions may be made to any Fund agreed to between the employer and the employee concerned.
5.7.4 Freedom of choice
No employer shall be required to make, or be prevented from making, contribution into more than one fund at any time.
