AT832792 - Retail and Wholesale Industry - SDAEA Wholesale Grocers Award 2003 [Transitional]

15. OCCUPATIONAL 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

15.1 Definitions

15.1.1 Fund

In this clause all references to Fund, shall mean the Clerical Administrative and Retail Employees Superannuation Pty. Ltd. (CARE).

15.1.2 Ordinary time earnings

In this clause, the term ordinary time earnings shall include the classification rate, over award payments, shiftwork premiums, service grants, casual loadings and any penalties and allowances where such are part of the employees normal earnings, excluding overtime, travel, meals, or annual leave loading.

15.1.3 Approved superannuation scheme

For the purposes of this clause approved superannuation scheme means a scheme which complies with the Occupational Superannuation Standards Act and Regulations and any other relevant Government requirements.

15.2 Employer contributions

15.2.1 In addition to other payments provided for under this award, the employer shall make a superannuation contribution to the fund on behalf of the eligible employees, of an amount equivalent to 9% of the employee’s ordinary time earnings.

15.2.2 Payments shall be made on a four week basis and cover pay periods completed in that time.

15.2.3 The employer contributions will increase in accordance with the Superannuation Guarantee Levy legislation.

15.3 Eligibility

15.3.1 Employers shall only be required to make contributions in accordance with this clause in respect of full-time employees, who have been employed by the employer continuously for a period of four weeks.

15.3.2 In relation to casual employees, the prescribed contributions will become payable following the completion of nineteen starts in any calendar year, in accordance with 15.2 from the date of their engagement with the employer.

15.3.3 Employees who become eligible to join the fund shall, in addition to contributions under 15.2 be entitled to a once only contribution by the employer to the fund in respect of the qualifying period. Such contribution shall be equivalent to contributions under 15.2.

15.4 Employer’s contributions during leave without pay

Where an employee is absent on leave without pay - whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee during and in respect of the period of unpaid absence.

15.5 Employee contributions

15.5.1 Employees who may wish to make contributions to the fund additional to those being paid by the employer pursuant to 15.2 shall be entitled to authorise the employer to pay into the fund from the employee’s wages amounts specified by the employee.

15.5.2 Employee contributions to the fund requested under this subclause shall be made in accordance with the rules of the fund.

15.6 Cessation of contributions

The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employees employment with the employer.

15.7 Employer’s failure to participate in fund

Where an employer has failed to make application to participate in the fund, the employer shall make application to participate in the fund and, upon acceptance by the trustees, shall make a once only contribution to the fund in respect of each eligible employee, equivalent to the contributions which would have been payable under this clause, had the employer made application to participate in the fund and been accepted by the trustees prior to 24 September 1990.

15.8 Exclusions

15.8.1 Any employer who as of the 31 October 1990 has an occupational superannuation agreement with the National Union of Workers, or the Shop, Distributive and Allied Employees Association is automatically excluded from the provisions in this award specifying LUCRF and CARE as the primary fund, and the existing contributions of such employer shall be recognised as meeting that employer’s obligations under this award.

15.8.2 Any company which starts a new business after the 31 October 1990 shall have one month from the date any person is employed under this award to apply to the Commission for an exclusion from contributing to the fund.

15.9 Existing superannuation arrangements

Other than as provided in 15.8, no employer shall be excluded from the operation of this clause on the basis of existing voluntary superannuation arrangements.