AN170120 – Metal and Engineering Industry Award

12. 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) Contributions

(i) In accordance with the Superannuation Guarantee Charge Act 1992 of the Commonwealth, an employer shall make a contribution into an approved superannuation fund in respect of all eligible employees at the appropriate rate calculated on the employee's ordinary time earnings.

(ii) Contributions to the fund shall be made by the employer on at least a calendar monthly basis unless there are circumstances for which the employer cannot be held responsible.

(iii) Notwithstanding anything elsewhere contained in this clause, an employee who is able to demonstrate to the employer their bona fide membership of the religious fellowship known as Exclusive Brethren shall have the contributions defined in subclause (a)(i) of this clause paid into the fund known as C.I.S. Superannuation Deed BR1188 being a scheme approved by the Insurance and Superannuation Commission.

(b) Casual and Part-Time Employees

In the case of eligible casual and part-time employees, contributions shall be made where the employee works a minimum of 32 hours averaged over a four week period.

(c) Definitions

'Approved Fund' shall mean a superannuation fund or scheme approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

'Eligible Employee' shall mean an employee for whom a classification appears in this award.

'Ordinary Time Earnings' shall include an employee's classification rate, over award, shift loading, casual loading and any permanent all purpose work related allowance but shall exclude overtime payments, annual leave loading, annual or long service leave payments on termination and allowances paid as a reimbursement of expenses.

(d) Fund

Contributions determined in accordance with subclause (a) of this clause shall, subject to subclause (e) of this clause, be made into Tasplan.

(e) Exemptions

The Tasmanian Industrial Commission may grant an exemption to an employer from paying to either of the above funds in accordance with the provisions of the Industrial Relations Act 1984.