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AT817064 - Residential Aged Care (Hostels) Award 2002 [Transitional]

35. SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions

35.1 Contributions

35.1.1 The employer shall contribute on behalf of each employee in accordance with the requirements of 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 as varied from time to time.

35.1.2 Contributions into the nominated fund shall be paid monthly and within 30 days of the end of each month.

35.1.3 The employer shall continue to contribute an amount of not less than 3% on behalf of an employee in receipt of payments under the Workers Compensation and Assistance Act 1981 (WA).

35.1.4 For the purpose of this clause the employee’s earnings base shall include base rate, over award payments, supplementary payments, shift and weekend penalties and appropriate leading hand allowances.

35.2 Fund

35.2.1 Subject to 35.2.2, employer contributions shall be paid into Health Employees Superannuation Trust Australia (HESTA).

35.2.2 An employer shall be exempted from payment into HESTA by providing the Union with 30 days notice of the fact that contributions on behalf of some or all employees will be made into an alternative fund or funds approved under the Commonwealth Operational Standards for Occupational Superannuation.

35.2.3 Subclauses 35.2.1 and 35.2.2 shall not apply where the employer, prior to the date of this award, notified the Union of the fact that contributions were to be made into an alternative fund approved under the Commonwealth Operational Standards for Occupational Superannuation.

35.3 Local government

Provided that local government employees shall continue to receive superannuation benefits pursuant to the local government superannuation plan.

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