AN150039 – Clerks' (South Australia) Award
CLAUSE 5.7 OCCUPATIONAL SUPERANNUATION
OPDATE 26:08:97 1st pp on or after
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5.7.1 Scope And Persons Bound
This Clause is binding on all persons prescribed in Clause 1.3 of the Award.
5.7.2 Duration
This Clause shall come into force from the 6 February 1989, and shall continue in force for two years. Subject to 5.7.4 the contributions prescribed in 5.7.7 become due and payable from the first full pay period on or after 1 April 1989.
5.7.3 Definitions
In this Clause unless the contrary intentions appears:
Employee shall mean any person employed by an employer as a clerk or on other clerical and office work whose classification is
set out in Schedule 1.
Employer shall mean an employer who employs an employee as defined herein.
Existing Superannuation Fund shall mean a superannuation fund established to provide Occupational Superannuation (as defined) for employees prior to the 2 February 1989. Provided that such fund complies with the Occupational Superannuation Standards Act 1987 and regulations thereunder for Occupational Superannuation Funds and has received the appropriate preliminary listing for taxation purposes from the Insurance and Superannuation Commission.
Fund shall mean an Existing Superannuation Fund, an Industry Based Superannuation Fund or a Preferred Superannuation Fund.
Industry Based Superannuation Fund shall mean a Superannuation Fund established for a particular industry or industries to provide Occupational Superannuation for employees and capable of accepting employees bound by this Clause as members. Provided that such fund complies with the Occupational Superannuation Standards Act 1987 and Regulations thereunder for Occupational Superannuation Funds and has received the appropriate preliminary listing for taxation purposes from the Insurance and Superannuation Commission.
Occupational Superannuation shall mean superannuation contributions made as a result of, and in accordance with the Superannuation Principle contained in the State Wage Decision I68 of 88, or the Superannuation Principle of previous State Wage Decisions.
Ordinary Time Earnings shall mean the wages received by an employee for work performed in ordinary hours and shall include allowances and overaward payments but shall not include any bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.
Preferred Superannuation Fund shall mean:
(1) the Statewide Superannuation Trust established and governed by a Trust Deed dated 29 September 1988, as may be amended from time to time and includes any superannuation scheme which may be made in succession thereto or;
(2) the Australian Retirement Fund established and governed by a Trust Deed dated 11 July 1986, as may be amended from time to time and includes any superannuation scheme which may be made in succession thereto.
Regular Employee means a full-time employee, a part-time employee or a casual employee who is employed on a regular basis for not less than an average of eight (8) hours per week or in the case of junior employees not less than 12 1/2 hours per week.
5.7.4 Eligibility Of Employee
A regular employee shall from the commencement of this Clause be eligible to apply for membership of a Fund having completed at least three months employment with the employer.
A regular employee who was previously a member of a Fund immediately prior to commencement of employment with the current employer shall be immediately eligible to apply for membership of a Fund.
5.7.5 Eligibility Of Employer
The employer becomes party to a Fund upon the signing of a Deed of Adherence to the Fund and acceptance by the Trustee, subject also to any admission agreement that may be applicable or appropriate to the employer.
5.7.6 Selection Of Fund
In selecting the appropriate Fund to which contributions on behalf of employees shall be made the following provisions apply:
5.7.6.1 Subject to 5.7.6.2, 5.7.6.3 and 5.7.6.4 of this Clause all regular employees are entitled to a Superannuation Contribution as set out in 5.7.7, and shall be eligible to apply for membership of, and have contributions paid to one of the Preferred Superannuation Funds. The selection of which Preferred Superannuation Fund is to be at the option of the employees concerned, provided that where the employees cannot agree on one Fund, then the choice of the majority shall prevail in respect to which of the Preferred Funds is to be used.
5.7.6.2 Where employees covered by this Award are as at the 2 February 1989 in receipt of Occupational Superannuation and such contributions are going to an Existing Superannuation Fund then contributions may continue into that Fund for those and future employees if the employer so desires. This provision will also apply to new employees who are subsequently employed by that employer. Otherwise the options in 5.7.6.1 will apply.
5.7.6.3 Where other employees, not being employees covered by this Award, are already in receipt of Occupational Superannuation from the employer, and such contributions are already going into one of the Preferred Superannuation Funds, and those employees form a majority of the employees employed by that employer, then that fund shall be deemed to be the appropriate fund for eligible employees bound by this Award.
5.7.6.4
5.7.6.4.1 Any employer who is eligible to participate in and makes contributions to any of the following funds:
(1) Accountants Superannuation Fund
(2) Lawplan
(3) Printing Industry Superannuation Fund
or any Industry Based Superannuation Fund shall have a temporary exemption from the provisions of 5.7.6.1, 5.7.6.2 and 5.7.6.3 of this Clause until such time as the Commission determines, on the merits, whether an exemption in respect of such Fund is, in all the circumstances, warranted.
An application for a determination of the question whether such exemption should be granted may be made by any party bound by this Award, and no exemption as provided by the shall operate unless such application is made on or before 1 March 1989.
5.7.6.4.2 If the Commission determines that an exemption should be granted in respect of any Fund, employers who are or become entitled to contribute to that Fund may elect to contribute or continue to contribute to such Fund.
5.7.6.5 Any employer who is bound by this Award and who is eligible to participate and makes contributions to Mutual Community Superannuation Fund shall be exempt from the provisions of 5.7.6.1, 5.7.6.2, 5.7.6.3 and 5.7.6.4 of this Clause and shall make application to the Commission on or before the 1 March 1989 to determine whether such exemption should be permanent.
5.7.6.6
5.7.6.6.1 Subject to 5.7.6.6.1.1 and 5.7.6.6.1.2 where an employer or an employee is a member of the Brethren and holds a certificate pursuant to section 116 of the Act the employer shall be exempt from making contributions and the employee from having contributions made on his behalf to a Preferred Superannuation Fund provided that:
5.7.6.6.1.1 in the case of an employer contributions on behalf of employees shall be made into a Fund operated in accordance with and identified as a BR1188 Fund; and
5.7.6.6.1.2 in the case of an employee contributions shall be made to a fund nominated by the employee operated in accordance with and identified as a BR1188 Fund.
5.7.6.6.2 The provisions of 5.7.9 shall apply to any Fund into which payments being made pursuant to 5.7.6.6.1.1 or 5.7.6.6.1.2
5.7.7 Contributions
5.7.7.1 The contributions set out in this Clause will be made for every regular employee, except where an employee has through their own choice, and after being made aware of their entitlements under this Clause by their employer, refused to become a member of the appropriate Fund. Provided further that the employer shall remind any such employee of their entitlements on or about 30 June each year, and offer them the opportunity to become a member of the appropriate Fund.
5.7.7.2 Subject to 5.7.7.1 the employer shall in respect of its employees for whom the employer is obliged pursuant to a Deed of Adherence completed by the employer and/or admission agreement in respect to the Fund, contribute the employee's entitlement to that Fund during the period in which the employer is obliged pursuant to this Clause and the Deeds of Trust of the said Fund in respect of each employee as and from the date of the employees admission to membership of the Fund.
5.7.7.3 The contribution made by the employer shall be 3% of the ordinary time earnings for each completed week.
5.7.7.4 A pro-rata deduction shall be made from the contribution payable for each period of unpaid leave of at least one day's duration.
5.7.8 Payment To Other Superannuation Funds
If at any time, after the commencement of this Clause, the employer becomes bound by an award of any Federal Industrial Tribunal or by legislation to contribute to a superannuation fund in respect of an employee other than the Fund to which the employer is required to contribute pursuant to this Award then the employer's liability to make employer contributions in respect of that employee shall be reduced by the amount of contribution the employer is required by the award or legislation to make to the other Fund from the date the employer becomes bound to make payments to the other Fund.
5.7.9 Approved Status
Should the Fund lose its approved status under the Income Tax Assessment Act or if the Fund fails to conform fully to the standards laid down by the Occupational Superannuation Standards Act 1987 and Regulations thereunder, the employer may suspend employer contributions immediately until such time as a compliance is achieved. Provided that contributions will still accrue to each eligible employee, for the period of suspension and will be paid into the Fund as soon as compliance is achieved.
5.7.10 Members Of The National Association Of Personnel Consultants
The provisions of this Clause shall apply with respect to temporary clerical employees of a member of the National Association of Personnel Consultants (SA Branch) excepting the aforesaid employees shall from the commencement of this Clause be eligible to apply for membership of a Fund after having worked in the case of adult employees 208 hours, and in the case of junior employees 325 hours, within a six month period with that employer.
A temporary clerical employee of a member of the N.A.P.C. (SA Branch) who was previously a member of a Fund immediately prior to commencement of employment with a current N.A.P.C. member shall be immediately eligible to apply for membership of a Fund.
