AN160177 – Independent Schools Psychologists and Social Workers Award

23. – SUPERANNUATION

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.

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled –Compliance, Nomination and Transition.

(1) Employer Contributions

(a) An employer shall contribute to superannuation for each eligible psychologist or social worker in accordance with the Superannuation Guarantee (Administration) Act 1992 to one of the following approved superannuation funds:

(i) CONCEPT ONE - superannuation plan which was established and is governed by a trust deed and rules dated 23 September 1986, as amended; and

(ii) an exempted fund allowed by sub-clause (3) of this clause.

(b) Employer contributions shall be paid at least monthly for each week of service that the eligible psychologist or social worker completes with the employer.

(c) “Ordinary Time Earnings” means the salary or other remuneration periodically received by the psychologist or social worker in respect to the time worked in ordinary hours and/or any other rate paid for all purposes of the Award to which the psychologist or social worker is entitled for ordinary hours of work.

(2) Fund Membership

(a) “Eligible psychologist or social worker” shall mean a psychologist or social worker employed under the terms of this Award.

(b) A psychologist or social worker shall not be eligible to join the fund until he/she has completed one month’s satisfactory service. On completion of this period the psychologist or social worker shall be entitled to the appropriate employer contribution, from the date of the psychologist or social worker’s commencement.

(3) Exemption

Exemptions from the requirements of this clause shall apply to an employer who at the date of this Award:

(a) was contributing to a superannuation fund, in accordance with an Order of an Industrial Tribunal; or

(b) was contributing to a superannuation fund in accordance with an Order or Award of an Industrial Tribunal, for a majority of psychologists or social workers and makes payment for a psychologist or social worker covered by this Award in accordance with that Order or Award; or

(c) subject to notification to the Union, was contributing to a superannuation fund for a psychologist or social worker covered by this Award where such payments are not made pursuant to an Order of an Industrial Tribunal.

(d) was not contributing to a superannuation fund for a psychologist or social workers covered by this Award; and

(i) written notice of the proposed alternative superannuation fund is given to the Union; and

(ii) contributions and benefits of the proposed alternative superannuation fund are no less than those provided by this clause; and

(iii) within one month of the notice prescribed in paragraph (i) being given, the Union has not challenged the suitability of the proposed fund by notifying the Western Australian Industrial Relations Commission of a dispute.

(4) The employer shall provide such facilities as is appropriate to ensure that all psychologists or social workers are adequately informed of the provisions of the superannuation funds available.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of a psychologist or social worker, 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 psychologist or social worker permitted to nominate a fund or scheme;

(b) The psychologist or social worker shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the psychologist or social worker;

(c) The employer shall notify the psychologist or social worker 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 requirement of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the psychologist or social worker to whom such is directed;

(e) The psychologist or social worker and employer shall be bound by the nomination of the psychologist or social worker unless the psychologist or social worker 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 required by a psychologist or social worker;

Provided that on and from 30 June 1998, and until a psychologist or social worker 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.