AN160068 – Clerks (Unions and Labor Movement) Award 2004
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
(1) Application
(a) Subject to the provisions of subclause (4) - Exemptions of this clause, each employer to whom this award applies shall execute an agreement to become a participating employer in the preferred or an approved Occupational Superannuation Scheme, within one month of the enactment of this clause.
(b) For the purpose of this award the preferred Occupational Superannuation Scheme is the Westscheme.
(2) Contributions
(a) Subject to the provisions of subclause (4) - Exemptions of this clause each employer shall make monthly contributions to the fund in respect of all eligible employees at the rate of 9% of ordinary time earnings.
(b) Eligible employees are all full time and part time employees to whose employment this award applies and whose length of employment with the employer exceeds one month, and all casual employees who are over 18 years of age and earn over $450 a month.
(c) Subject to the provisions of subclauses (3) and (4) of this clause, contributions shall be made in respect of each current eligible employee from the date the employer executes the fund trust deed. Contributions in respect of all other eligible employees shall be made from commencement of employment with the employer but in no case prior to the date the employer executes the fund trust deed.
(d) “Ordinary time earnings” (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the ordinary rate of pay the employee receives for ordinary hours of work including shift loading, special rates, location allowance and higher duties allowances where applicable. The term includes any regular over-award pay as well as casual rates received, and additional rates and allowances paid for work undertaken during ordinary hours of work including fares and travelling allowances. Other reimbursement allowances are excluded.
(e) Contributions shall be paid for all periods during which the eligible employee is in receipt of payments from the employer under the Workers Compensation and Rehabilitation Act 1981 and during which the employee is employed by the employer.
(f) Subject to the trust deed an employer shall not be required to contribute during periods of unpaid leave in excess of 38 hours.
(g) Subject to the trust deed an employer shall not be required to contribute during periods of unauthorised absence in excess of 8 hours.
(3) Employee Entry into Fund
(a) On executing the fund trust deed the employer shall provide each current employee with an application form and documentation explaining the fund.
(b) If an employee fails to return to the employer a completed application form to join the fund within two weeks of receipt the employer shall provide a reminder notice together with an application form and documentation explaining the fund to the employee.
(c) If the employee fails to complete and return the application to join the fund within two weeks of receipt of the second form no contribution need be made in respect of that employee until such time as a completed application form is received by the employer.
(d) It shall be the responsibility of the employer to ensure that all new employees complete an application to join the fund during the first month of employment.
(e) Provided that where an eligible employee refuses to complete an application to join the fund the employer shall notify the union in writing of the employee’s refusal to do so.
(4) Exemptions
(a) Employers of eligible employees who are covered by a Superannuation Order or Award made pursuant to the Industrial Relations Act 1979 shall be exempted from the provisions of this clause in respect of those employees to whose employment the said Order or Award applies.
(b) Employers of eligible employees who are contributing to a Superannuation Fund, in accordance with an Order or Award made pursuant to the Industrial Relations Act 1979 or the Workplace Relations Act 1996 for a majority of employees and, at the date of issue of this Order, makes payment for eligible employees covered by this award in accordance with that Order or Award shall be exempt from the provisions of this clause.
(c) Where an employer intends to join an approved Occupational Superannuation Scheme other than Westscheme the employer shall notify the appropriate union(s) prior to so doing.
In the event of a dispute the matter shall be referred to the Commission.
(d) Any other approved occupational superannuation fund to which an employer or eligible employee who is a member of the religious fellowship known as Brethren elects to contribute.
(e) An employer may make application to the Commission for exemption from the provisions of this clause and until proceedings before the Commission are finalised the provisions of this clause shall be deemed to have been complied with.
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998:
(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless:
(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;
(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;
(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;
(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee;
Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme;
(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
