AN170010 – Building and Construction Industry Award
(a) Definitions
For the purposes of this clause:
(i) ‘Superannuation legislation’ means the Federal legislation, as varied from time to time, governing the Superannuation rights and obligations of the parties, which includes 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.
(ii) ‘Fund’ means a complying fund, as defined in the Superannuation legislation.
(iii) ‘Eligible employee’ shall mean an employee who is entitled to receive employer superannuation contributions in accordance with the Superannuation legislation.
(iv) ‘The relevant fund’ means the fund selected in respect of an employee pursuant to subclause (d) hereof.
(v) ‘Ordinary time earnings’ (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) means the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowance, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer), multi-storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances, together with those fare and travel allowances paid for days where ordinary time is worked, where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded. (Note: for the purposes of this subclause 'ordinary hours of work' includes ordinary hours of shiftwork where applicable).
(b) Contributions
(i) In accordance with the Superannuation legislation and subject to the Trust Deed of the relevant Fund, an employer shall contribute an amount on behalf of each eligible employee into a relevant superannuation fund, which reflects the employers’ liability as prescribed in Part 3 of the Superannuation Guarantee (Administration) Act 1992 (as set out in paragraph (ii) hereof).
(ii) The level of contributions required under the Superannuation Guarantee (Administration) Act 1992 are as follows:
Financial year (1 July - 30 June) |
Percentage |
2000 - 01 |
8 |
2001 - 02 |
8 |
2002 - 03 and subsequent years |
9 |
(c) Employee Contributions
(i) Subject to the rules of the Fund, employees who wish to make contributions to the Fund additional to those being paid pursuant to subclause (b) hereof, shall be entitled to do so. Such employees may either forward their own contribution directly to the Fund administrators or, where it is practicable to do so, authorise the employer to pay into the fund from the employee’s wages, amounts specified by the employee.
(ii) Employee contributions to the Fund deducted by the employer at the employee’s request shall be held in Trust on the employee’s behalf and be subject to the following conditions:
(1) The amount of contributions shall be expressed in whole dollars.
(2) Employees shall have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months’ written notice to the employer. PROVIDED that by agreement with the employer, employees may vary their additional contribution in extenuating circumstances at other times.
(3) Contributions deducted under this clause shall be forwarded to the fund at the same time as contributions under subclause (b) hereof.
(d) Superannuation Fund
(i) The employer shall make superannuation contributions, or improvements pursuant to this clause, to any of the following Funds (that meet the definition set out in paragraph 19(a)(ii) hereof):
(1) C+BUS, Tasplan, or
(2) any fund agreed between the employer and eligible employees, and the union or unions, where applicable; or
(3) 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; or
(4) any other approved occupational superannuation fund to which an employer or eligible employee who is a member of the religious fellowship known as The Exclusive Brethren elects to contribute.
(ii) PROVIDED that an employer shall not be required to contribute to more than one fund in respect of eligible employees employed under this award.
(iii) Subject to the terms of this clause, where there is a dispute over the choice of fund in respect of one or more employees, the matter shall be referred to the Commission for determination.
(e) Fund Membership
The employer shall make an eligible employee aware of their entitlements under this clause and shall arrange for such eligible employee the opportunity to become a member of the relevant Fund. An eligible employee shall, within a period of 30 days from commencement of employment complete the necessary application forms to become a member of the relevant Fund, to the satisfaction of the Trustees of that Fund, in order to be entitled to the contributions prescribed in subclause (b) hereof.
(f) Exemption
This clause shall be deemed to be satisfied by an employer, who as at 1 December 1991 or at the date of becoming bound by this award, is already satisfying and continues to satisfy the requirements of subclause (b) hereof by providing superannuation contributions which reflects the employers’ liability as prescribed in Part 3 of the Superannuation Guarantee (Administration) Act 1992, or any higher amount as required by the Trust Deed of the relevant fund.
(g) Absence from Work
Subject to the trust deed to the fund of which an employee is a member, the following provisions shall apply:
(i) 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, bereavement leave, or other paid leave.
(ii) Unpaid Leave
Contributions shall not be required in respect of any period of absence from work without pay of one day or more.
(iii) Work Related Injury or Illness
In the event of an eligible employee’s absence from work being due to work related injury or work related illness, contributions at the normal rate shall continue for the period of the absence provided that:
(1) the member of the fund is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award;
(2) the person remains an employee of the employer.
