AN150140 – Social and Community Services Award

CLAUSE 4.10 SUPERANNUATION
OPDATE 04:11:2005 on and from

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.

4.10.1 Definitions

4.10.1.1 Alternative fund means any superannuation scheme registered and approved by the Insurance and Superannuation Commission.

4.10.1.2 Existing fund means any superannuation scheme registered and approved by the Insurance and Superannuation Commission to which the employer is already making contributions.

4.10.1.3 Fund means:

(a) the Statewide Superannuation Trust established and governed by a Trust Deed dated 1 May 1986 as may be amended from time to time and includes any superannuation scheme which may be made in succession to it; or

(b) any other alternative or existing fund agreed between an employer and its employees and their Union where applicable, and includes any superannuation scheme which may be made in succession to it.

4.10.1.4 Ordinary time earnings means, for the purposes of the Superannuation Guarantee (Administration) Act 1992, an employee’s award classification rate and penalty loadings, including weekend and public holiday rates, where the time worked is part of the employee’s ordinary hours of work and such ordinary time earnings will operate to provide a notional earnings base.

4.10.2 Membership

An employer will ensure an employee becomes and remains (whilst employed by the employer) a member of a fund.

4.10.3 Contributions

An employer will make contributions for an employee in accordance with the legislative requirements in 4.10.4. These contributions will be based on the employee’s ordinary time earnings.

4.10.4 Superannuation legislation

The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.