AP818787CRV - Clerks (Road Transport Industry) Award 2002
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20.1 Superannuation legislation
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Award 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties in addition to the terms of this award.
20.2 Definitions
In this clause, the following definitions apply:
20.2.1 Nominated fund means the CARE Superannuation Fund.
20.2.2 Approved fund means a complying superannuation fund as that term is used in the superannuation legislation.
20.2.3 Ordinary time earnings means the classification rate, including supplementary payment where relevant, overaward payment and shift loading.
20.3 Fund membership
20.3.1 An employer must be an employer member of the nominated fund or an approved Fund.
20.3.2 On becoming an employer member of a fund, the employer must advise the employees of the particulars of the fund. If the employer’s chosen fund is the nominated fund the employees must apply to become employee members of the fund. If the employer’s chosen fund is an approved Fund an employee may either apply to become a member of that fund or require the employer to become a member of the nominated fund and then apply to become a member of that fund.
20.4 Employer contributions
An employer must, in accordance with governing rules of the relevant Fund, make such superannuation contributions for the benefit of an employee as will avoid the employer being required to pay superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the superannuation legislation, an employee’s ordinary time earnings are intended to provide that employee’s notional earnings base.
20.5 Exemptions
This clause does not apply to those employees covered by the Clerks (Air Freight Forwarding and Customs Clearing Industry) Superannuation Award 1987 [Print G9689 [AW772264]] or any award made in substitution of that award.
20.6 Respondency
An employer who subsequently becomes bound by this provision must apply to become an employer member of the nominated fund or an approved fund within one month of becoming bound by this award.
