AP822300 - Milk Treatment and Distribution Employees (A.C.T.) Award 2003
19.1 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) Act 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.
19.2 Where the employer and the employee are mutually agreed the relevant contribution shall be paid into any fund that meets the requirements of the Superannuation Guarantee (Administration) Act 1992.
19.3 Where agreement cannot be reached the employer shall pay the relevant contribution to the ASSETT trust fund.
19.4 Contributions
The company must, in accordance with the governing rules of the fund, make such superannuation contributions for the benefit of an employee as will avoid the company being required to pay a superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the legislation, an employee's ordinary time earnings are intended to provide that employee's notional earning base.
19.5 Ordinary time earnings means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift loadings, leading hands allowances, first aid allowance, in charge of depot allowance, moving vehicle allowance, cold room allowance, and certificate allowances where applicable. The term includes any regular overaward pay (not including overtime payments) as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.
