AP806313CRV - National Fast Food Retail Award 2000
21.1 Definitions
21.1.1 Ordinary time earnings in this clause means the employee's rate of pay including any overaward and/or merit payments, casual loadings, penalty rates and/or shift loadings (but excluding overtime, commission and occasional bonus payments).
21.1.2 Eligible employee
21.1.3 For the purpose of this clause employees shall mean all full-time employees, all adult part-time and adult casual employees provided they are eighteen years of age or over and earn not less than $450.00 per calendar month, who are covered by the award.
21.1.4 The fund in this clause all reference to the fund will mean the Retail Employees' Superannuation Trust.
21.2 Fund
For the purposes of this clause the fund into which payments are to be made will be the Retail Employees' Superannuation Trust (REST).
21.3 Fund membership
21.3.1 An employer must apply to the trustees of the fund to become a participating employer in the fund.
21.3.2 Each employee must, upon the employer being accepted by the trustees of the fund, make application to become a member of the fund.
21.4 Contributions
21.4.1 The employer shall pay monthly to the Trustees of the fund, in accordance with the provisions of the fund, on behalf of each eligible employee, such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992, as amended from time to time:
21.4.1(a) 7% on behalf of each eligible employee;
21.4.1(b) thereafter:
2000/1 |
8% |
2001/2 |
8% |
2002/3 |
9%. |
21.4.2 Where an employee is absent on leave without pay, whether this leave is approved or not, no contribution from the employer will be due for that employee for the period of unpaid absence.
21.4.3 An employee who wishes to make contributions to the fund additional to those being paid by the employer based on 21.4.1 is entitled to authorise the employer to pay into the fund from the employee's wages, an amount specified by the employee. Employee contributions to the fund requested under this paragraph will be made under the rules of the fund.
21.5 Cessation of contributions
The obligation of the employer to contribute to the fund for an employee will end on the last day of the employee's employment with the employer.
21.6 Employer to continue participation
An employer who participates in the fund must not stop participation in the fund whilst employing any employees.
21.7 Frequency of payment
Each employer must pay the contributions together with any employee deductions under the requirements of the trust deed of the fund.
21.8 Existing superannuation arrangements
No employer or employee will be excluded from this clause on the basis of existing voluntary superannuation arrangements.
21.9 Exemptions
21.9.1 An employer engaged in a mixed enterprise where more than 75% of employees are engaged in an industry other than the retail industry will be exempt from the fund provided in 21.2. However the employer is paying the entitlements under this clause into a fund approved under the Commonwealth Operational Standards for Occupational Superannuation Funds.
21.9.2 Employers other than an employer covered by 21.9.1 may seek to be exempt from the fund provided in 21.2 where:
21.9.2(a) Agreement is reached between an employer and the union/s party to this award and this agreement is recorded in an industrial agreement; or
21.9.2(b) Where the employer contributes on behalf of his/her employees into another fund.
21.9.3 Application for exemption based on 21.9.2 must contain the following information:
21.9.3(a) Name of fund;
21.9.3(b) Evidence of compliance with Commonwealth Operational Standards for Occupational Superannuation Funds;
21.9.3(c) Trust deeds of fund;
21.9.3(d) Summary of structure and benefits;
21.9.3(e) Level of administration charge; and
21.9.3(f) Any other relevant information.
