AN170026 – Disability Service Providers Award

8. 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

(a) Superannuation contributions shall be made in accordance with the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution and Complaints) Act 1993.

This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

(b) Fund

(i) Contributions determined in accordance with subclause (a) of this clause shall be paid into TASPLAN or HESTA.

(ii) The employer shall become a party to TASPLAN or HESTA upon the acceptance of the TRUSTEES of that scheme of an application to become a participating employer of TASPLAN or HESTA, duly signed and executed by that employer.

The fund adopted by each establishment shall be determined by agreement between the employer and employees concerned. In the event of a dispute the award Disputes and Grievance procedure shall be applied.

(iii) Unless the employer adopts otherwise, an employer shall make contributions on behalf of all eligible employees into only one of the Funds nominated in this clause.

(c) Exemptions

The Tasmanian Industrial Commission may grant exemptions from the use of TASPLAN or HESTA to employers who provide Occupational Superannuation contributions into a fund, which meets the guidelines of the Tasmanian Industrial Commission.

Employers intending to seek exemption in accordance with this provision shall notify the Union of such intention. Such intention will be discussed between the parties and an application will subsequently be made to the Tasmanian Industrial Commission for hearing and determination.

The following employer shall be exempt from necessarily using the nominated funds referred to in subclause (b) of this clause, but may in the alternative utilise the fund identified opposite their business name:

Business	Fund
Self Help Workshop	Mercantile Mutual Employer Sponsored Masterfund