AN160290 – Sheet Metal Workers' Award No. 10 of 1973
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
(1) Definitions:
For the purpose of this clause -
(a) "Eligible employee" means an employee who is, or becomes, a member of the superannuation fund selected in accordance with subclause (3) of this clause and who is -
(i) a weekly employee with not less than four weeks of continuous service with the employer; or
(ii) a casual employee who has -
(aa) had a start with the employer on 30 days in a period not greater than one year, provided that such period does not commence earlier than a date preceding one year from the operation of this clause; and
(bb) in the case of a junior employee, achieved an average of at least 12 hours per week and, in the case of adult employees, employment of at least six hours per week with the employer during the month immediately preceding any day the employer would, but for this definition, be required to make superannuation contributions prescribed in subclause (2) of this clause.
(b) "Ordinary time earnings" means an eligible employee's award classification rate (including supplementary payment) any regular over-award payment, tool allowance, leading hand allowance and shift loading, including week-end and public holiday rates where the shift worked is part of the employee's ordinary hours of work.
All other allowances and payments are excluded.
(c) "Act" means the Occupational Superannuation Standards Act, 1987.
(d) "Regulations" mean the Occupational Superannuation Standards Regulations.
(2) Contributions:
(a) In accordance with this clause and subject to the Trust Deed of the Fund, on behalf of each eligible employee an employer shall contribute to a superannuation fund which complies with the Act and Regulations a superannuation contribution, equivalent to 3% of such eligible employee's ordinary time earnings.
(b) Provided that upon completion of the qualifying period specified in subclause (1) of this clause, contributions on behalf of each eligible employee shall apply from the date of commencement of employment of such employee.
(c) Provided further that the contributions offered by an existing Fund of which the eligible employee is a member may be improved to the extent that they are equivalent to those prescribed by paragraph (a) of this subclause and are in accordance with the Act and Regulations.
(d) The contributions required herein shall be made to the relevant Fund in the manner and at the times specified by the terms of the Fund or any agreement between the employer and Trustees of the Fund.
(3) Superannuation Fund:
(a) The employer shall make superannuation contributions, or improvements pursuant to this clause, to any of the following Funds selected by the employer -
(i) the Westscheme Superannuation Scheme; or
(ii) any Fund agreed between the employer and eligible employees, and their Union or Unions, where applicable; or
(iii) any Fund which has application to employees in the principal business of the employer, where eligible employees covered by this Award are a minority of award-covered employees.
(b) Provided that an employer shall not be compelled to contribute to more than one Fund in respect of eligible employees employed under this Award.
(c) Subject to the terms of this clause, where there is a dispute over the choice of Fund to be utilised by an employer, the matter shall be referred to the Western Australian Industrial Relations Commission for determination.
(4) Fund Membership:
(a) The employer shall make an eligible employee aware of his/her entitlements under this clause and offer such eligible employee the opportunity to become a member of the appropriate Fund. An eligible employee shall be required to properly complete the necessary application forms to become a member of the appropriate Fund in order to be entitled to the contributions prescribed in subclause (2) of this clause.
(b) In a case where an eligible employee refuses to become a member of a relevant Fund, the employer shall notify the Trustees, in writing, of such circumstances.
(c) In the event that an eligible employee elects not to join the Fund, the employer shall advise the employee in writing of his/her entitlements, within a period of a further six months. Should such employee subsequently complete the necessary forms and become a member of the Fund, the contributions prescribed in subclause (2) of this clause shall start from the commencement of the first pay period beginning on or after the completion of such forms.
(d) In a case where an eligible employee refuses to join the relevant Fund within a period of 30 days from commencement of employment, the employer shall not be required to make any contributions in respect of that employee.
(5) Exemption:
(a) This clause shall be deemed to be satisfied by any employer who, as at 1 July 1990 or at the date of becoming respondent to this Award, is already satisfying and continues to satisfy the requirements of subclause (2) of this clause by providing new or improved superannuation benefits or contributions equivalent to 3% of ordinary time earnings and in accordance with the Act and Regulations.
(b) Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standard of existing superannuation arrangements provided by the employer, or the employer's financial capacity to pay.
(6) Absence From Work:
Subject to the Trust Deed relating to the Fund of which an employee is a member, the following provisions shall apply.
(a) Paid Leave:
Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service and bereavement leave.
(b) Unpaid Leave:
Contributions shall not be required in respect of any absence from work without pay.
(c) Sickness and Work Related Injury:
In the event of an eligible employee's absence from work due to sickness or a work related injury, contributions shall continue for the period of the absence provided that -
(i) the member of the Fund is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Award;
(ii) the duration of the absence does not exceed 52 weeks in total for each injury or sickness.
(iii) the person remains an employee of the employer.
(7) No Reduction:
Nothing contained herein shall serve to reduce any superannuation entitlement which an employee was receiving at the time provisions contained in this clause became effective.
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 a 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.
