AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
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22.1 Definitions
22.1.1 Ordinary time earnings in this clause means the employee’s rate of pay including any Trust.
22.1.2 Eligible employee in this clause means an employee employed under this award with six months’ continuous service with the employer who works as a full-time employee, part-time employee or as an adult casual employee (working regularly twelve hours or more each week). In this clause employee means eligible employee.
22.2 Fund
For the purposes of this clause the fund into which payments are to be made will be the Retail Employees’ Superannuation Trust (REST).
22.3 Fund membership
22.3.1 An employer must apply to the trustees of the fund to become a participating employer in the fund.
22.3.2 Each employee must, upon the employer being accepted by the trustees of the fund, make application to become a member of the fund.
22.4 Contributions
22.4.1 An employer covered by this clause must contribute to the fund for each eligible employee an amount equal to 3% of that employee’s ordinary time earnings each week commencing from the first full pay period on or after 6 August 1990 or other subsequent date as an employee becomes “eligible” under 22.1.
22.4.2 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.
22.4.3 An employee who wishes to make contributions to the fund additional to those being paid by the employer based on 22.4.1 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.
22.5 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.
22.6 Employer to continue participation
An employer who participates in the fund must not stop participation in the fund whilst employing any employees.
22.7 Frequency of payment
Each employer must pay the contributions together with any employee deductions under the requirements of the trust deed of the fund.
22.8 Existing superannuation arrangements
22.8.1 No employer or employee will be excluded from this clause on the basis of existing voluntary superannuation arrangements.
22.8.2 No employer will be required to contribute an additional 3% contribution a result of the making of this clause if the employer has already begun payment of a 3% occupational superannuation benefit under national wage fixing principles.
22.9 Exemptions
22.9.1 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 22.2. However only if the employer is paying the entitlements under this clause into a fund approved under the Commonwealth Operational Standards for Occupational Superannuation Funds.
22.9.2 Employers other than an employer covered by 22.9.1 may seek to be exempt from the fund provided in 22.2 where:
22.9.2(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
22.9.2(b) Where the employer contributes on behalf of his/her employees into a fund (approved under the Commonwealth Operational Standards for Occupational Superannuation Funds) which was established before 19 October 1988 and occupational superannuation contributions equivalent to 3% of ordinary time earnings on a basis equal to the benefits payable under this clause were being paid on behalf of all employees in the establishment covered by this clause before 19 October 1988 and have continued to be paid since that date; the fund to be an industry based fund providing for equal employer and union representation. Provided further that the employer informs the unions of the intention to use the fund.
22.9.3 Application for exemption based on 22.9.2 must contain the following information:
22.9.3(a) Name of fund;
22.9.3(b) Evidence of compliance with Commonwealth Operational Standards for Occupational Superannuation Funds;
22.9.3(c) Trust deeds of fund;
22.9.3(d) Summary of structure and benefits;
22.9.3(e) Level of administration charge; and
22.9.3(f) Any other relevant information.
22.9.4 The following companies are exempted from the provisions of this clause based on 22.9.1 and 22.9.2(b):
