AN160331 – Watchmakers' and Jewellers' Award 1970
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 9% of ordinary time earnings per eligible employee into one of the following Approved Superannuation Funds:
(i) Westscheme; or
(ii) an exempted Fund allowed by subclause (4) of this clause.
(b) Except where the Trust Deed provides otherwise employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.
(c) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on terminations.
(2) Fund Membership:
(a) Contributions in accordance with subclause (1) - Employer Contributions of this clause, shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:
(i) the employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commencing.
(ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant superannuation information, the letter of denial set out in subclause (6) of this clause and an application to join the Fund.
(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.
(iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise either the Union or the Fund Administrator in writing of the employee's failure to return the completed form.
(v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee.
Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form.
(b) Part-time employees shall not be entitled to receive the employer contribution mentioned in subclause (1) - Employer Contributions of this clause, unless they work a minimum of 12 hours per week.
(c) Casual employees who are employed for 32 consecutive working days or less shall not be entitled to the benefits of this clause.
(3) Definitions:
"Approved Fund" shall mean any Fund which complies with the Australian Government's Operational Standards for Occupational Superannuation.
"Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus.
(4) Exemptions:
Exemptions from the requirements of this clause shall apply to an employer who at the date of this Order:
(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 employees and makes payment for employees 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 employees covered by this award where such payments are not made pursuant to an Order of an industrial tribunal; or
(d) was not contributing to a Superannuation Fund for employees 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.
(5) Operative Date:
This clause shall operate from the beginning of the first full calendar month following the Western Australian Industrial Relations Commission approval of the clause.
(6) Letter of Denial:
The letter of denial shall be in the following form:
"To (employer)
I have received an application for membership of the non-contributory Superannuation Fund and understand:
(1) that should I sign such form you will make contributions on my behalf; and
(2 that I am not required to make contributions of my own; and
(3) that no deductions will be made from my wages for superannuation without my consent.
However, I do not wish to be a member of the Fund or have contributions made on my behalf.
_________________________
(Signature)
_________________________
(Name)
_________________________
(Address)
_________________________
(Classification)
_________________________
(Date)"
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.
