AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
26.1 Definitions
For the purposes of this clause:
26.1.1 Eligible employee shall mean any employee who has been employed under this award by the Employer during at least five consecutive days and who has worked a minimum of 40 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with 26.1.2 hereof effective from the commencement of that qualifying period.
26.1.2 Fund means a superannuation fund as defined in the Occupational Superannuation Standards Act 1987 and satisfying the superannuation fund conditions in relation to a year of income, as specified in that Act and complying with the operating standards as prescribed by the Regulations made under the Act. In the case of a newly established fund, the term shall include a Superannuation fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.
[26.1.3 varied by PR928816 ppc 14Mar03]
26.1.3 Ordinary time earnings shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, registration allowance, trade allowance, shift loading and leading hand, in charge or supervisory allowances where applicable, together with those fares and travel allowance (as contained in clauses 38.1.1, 38.1.2, 38.1.3, 38.1.4, 38.1.5, 38.1.6, 38.6.2 and 38.7) paid for days where ordinary time is worked where applicable. The regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.
26.1.4 Act means the Occupational Superannuation Standards Act 1987, and Regulations means the Occupational Superannuation Standards Regulations made pursuant to that Act from time to time.
26.1.5 The relevant fund means the fund selected in respect of an employee pursuant to 26.1.4 hereof.
26.2 Contributions
26.2.1 In accordance with this clause and subject to the Trust Deed of the relevant fund, on behalf of each eligible employee an employer shall contribute to a relevant superannuation fund a superannuation contribution in accordance with the Superannuation Gaurantee Act provided that:
26.2.1(a) upon completion of the qualifying period specified in 26.1 hereof, contributions on behalf of each eligible employee shall apply from the date of commencement of employment of such employee;
26.2.1(b) the contribution rate of an existing fund of which the eligible employee is a member may be improved to the extent that it is equivalent to that prescribed by 26.2.1 and is in accordance with the Act and Regulations.
26.2.2 The contributions required herein shall be made to the relevant fund in the manner and at the times specified by the terms of the fund or any agreement between the employer and Trustees of the fund.
26.2.3 No Employer shall be required to pay superannuation contributions on behalf of any eligible employee whether full-time, part-time, or casual in respect of any week during which such employee receives less than ten hours pay in ordinary time earnings.
26.3 Employee contributions
26.3.1 Subject to the rules of the fund, employees of a respondent employer who wish to make contributions to the fund additional to those being paid pursuant to 26.2 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.
26.3.2 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:
26.3.2(a) The amount of contributions shall be expressed in whole dollars.
26.3.2(b) 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.
26.3.2(c) Contributions deducted under this clause shall be forwarded to the fund at the same time as contributions under 26.2 hereof.
26.4 Superannuation fund
26.4.1 The employer shall make superannuation contributions, or improvements pursuant to this clause, to any of the following funds:
26.4.1(a) BUSS, AUST, BUS (Qld), QUEST, AUST (Qld), ARF, ASSET, CTRF, STA, Civil Contractors Federation Superannuation Fund, Tasplan, the Westscheme Superannuation Scheme; or
26.4.1(b) any fund operating as at the date of this decision in the State of New South Wales for the purpose of receiving superannuation contributions or any improvement in such contributions, and which fund has been used by employers under the provisions of the Plant etc., Operators on Construction (State) Award. (Such funds include, but are not limited to, Pru-Plan Group Trust Deed, the Prudential Master Superannuation Fund and the Colonial Mutual Masterpac Superannuation Fund);
26.4.1(c) any fund agreed between the employer and eligible employees; or
26.4.1(d) 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
26.4.1(e) 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.
26.4.2 Provided that an employer shall not be required to contribute to more than one fund in respect of eligible employees employed under this award.
26.4.3 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 determined in accordance with clause 12 - Settlement of disputes, of this award.
26.5 Fund membership
The employer shall make an eligible employee aware of his/her 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 26.2 hereof.
26.6 Exemption
26.6.1 This clause shall be deemed to be satisfied by an employer, who as at 1 December 1991 or at the date of becoming respondent to this award, is already satisfying and continues to satisfy the requirements of 26.2 hereof by providing superannuation contributions as per Government guarantee levy.
26.6.2 Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standards of existing superannuation arrangements provided by the employer, or the employer's financial capacity to pay.
26.7 Absence from work
Subject to the Trust Deed to the fund of which an employee is a member, the following provisions shall apply.
26.7.1 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.
26.7.2 Unpaid leave
Contributions shall not be required in respect of any period of absence from work without pay of one day or more.
26.7.3 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:
26.7.3(a) 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;
26.7.3(b) the person remains an employee of the employer.
