PRIVATE HEALTH AND
CHARITABLE SECTOR EMPLOYEES SUPERANNUATION (STATE) AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
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Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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C0571
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07/12/2001
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First pay period on or after 13/06/2001
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330
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89
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3, 7
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C2819
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10/12/2004
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On and from 08/06/2002
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347
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711
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7
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C6128
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08/02/2008
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On and from 23/07/2007
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364
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1014
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1. Index
Clause No. Subject Matter
1. Index
2. Parent
Awards
3. Definitions
4. Superannuation
Contributions
5. Casual
Employees
6. Qualifying
Period
7. Area,
Incidence and Duration
2. Parent Awards
This award shall be read in conjunction with the
following parent awards Aged Care General Services (State) Award; Charitable
Sector, Aged and Disability Care Services (State) Award; Charitable, Aged and
Disability Care Services (State) Award; Nursing Home Professional Employees
(State) Award; Charitable Institutions (Professional Paramedical Staff) (State)
Award; Charitable Institutions (Professional Staff Social Workers) (State)
Award; Private Hospital Employees (State) Award; and the Private Hospital
Professional Employees (State) Award; or any replacements thereof.
3. Definitions
(i) "The
Approval fund". For the purposes
of this Award all reference to "the approved fund" shall mean:
(a) The Health
Employees' Superannuation Trust Australia (H.E.S.T.A.) established and governed
by an employer’s agreement as may be amended from time to time, and includes
any superannuation scheme which may be made in succession thereto.
(b) Any other
complying fund as agreed between the parties provided such fund is approved as
conforming to S.I.S. legislation.
(c) Any existing
complying superannuation scheme operating within a place of employment subject
to this Award as at the date of this Award, provided firstly that the Union and
its members agree to the continued operation of that scheme, and secondly that
such scheme conforms to S.I.S. legislation.
NOTATION:
Prior to the date of this award becoming operative in
any place of employment, an employer shall ensure that the "approved
fund(s)" has been nominated.
Subject to practicability an employer shall ensure commonality of
superannuation exists within the place of employment and nothing within this
award shall obligate an employer to contribute to superannuation schemes which
have not been nominated as of the date of operation of this award.
(ii) "Ordinary
time earnings" shall mean remuneration for an employees weekly number of
hours of work, excluding overtime hours, calculated at the ordinary time rate of
pay, and in addition thereto shall include, where applicable, the following:‑
(a) Monday to Friday
shift premiums for ordinary hours of work;
(b) Weekend shift
premiums for ordinary hours of work;
(c) Any percentage
addition payable for permanent part-time, part‑time or casual employment
for ordinary hours of work;
(d) Broken-shift
allowances;
(e) Special
allowances for educational qualifications as prescribed by the parent awards as
defined in clause 3
(f) Over-a-award
payments for ordinary hours of work;
(g) Leading hand
allowances.
(h) Service
allowance.
(iii) "Leave
without pay" shall include all periods of unpaid working time in excess of
one week, but shall not include such periods where the employee is absent from
work due to an injury sustained at work and/or is receiving workers'
compensation benefits.
(iv) "Employer"
shall mean any facility or organisation employing persons who come under the
parameters of the said parent awards.
(v) "Union"
shall mean the Health Services Union.
(vi) "S.I.S.
Legislation" shall mean the Superannuation Industry Supervision Act
1993.
4. Superannuation
Contributions
(i) Except as
provided in Clause 5, Casual Employees, the employer shall, in respect of each employee,
pay a sum equal to the Superannuation Guarantee legislation, as amended, from
time to time, of the employee's gross ordinary time earnings into the approved
fund provided that:
(a) Each employee
shall nominate a complying fund to which the employer contributions shall
become payable. Provided that only
H.E.S.T.A. or any other fund that is a complying fund for that employee's place
of employment, can be nominated.
(b) The employer
shall pay said sum at least monthly to the trustees of the approved fund on
behalf of each employee who is a member of such fund. Provided that any contribution shall be in conformity with the
rules of the relevant trust deed or any deed of adherence or other agreement
covering the payment of contributions.
(c) Such contribution
shall be calculated on the ordinary time earnings received by the employee
during the preceding pay period.
(d) Said sum shall
not be in addition to any superannuation payment currently being made by the
employer in respect of the employee under the Wage Fixation principle as set
down, from time to time, by the Australian Industrial Relations Commission in
the National Wage Case Decisions.
Provided that such existing payment is as a consequence of an industrial
award or agreement registered with the Australian Industrial Relations
Commission or the Industrial Relations Commission of New South Wales. Provided also that if such existing payment
is less than that otherwise provided by this Award then the employer shall pay
an additional sum so that the payment is so equal. Provided also that the burden of proof in showing such existing
payment shall be on the employer.
(e) The employer
shall not be required contribute in respect to any period where an employee is
absent from his or her employment on leave without pay ‑ such as unpaid
sick leave, maternity leave or the like, or periods of workers compensation
beyond the expiry of any entitlement to workers compensation make-up pay. Further, an employer shall not be required
to make additional contributions in respect of annual leave and/or long service
leave paid out on termination.
5. Casual Employees
An employer shall make contributions pursuant to this
Award in respect of:
(1) "Casual"
employees who are employed for a minimum of 152 hours during their employment
with an employer in the course of any one year (1st July to 30th June)
(hereinafter called "qualified employees"); and
(2) Qualified
employees in each ensuing year of employment with that employer.
Such contribution shall be made in respect of the total
gross ordinary time earnings earned during that year and shall be paid to the
relevant complying fund at the time of issue to the employee of his/her annual
group certificate.
Where a business is transmitted from one employer (the
transmittor) to another employer (the transmittee) an employee who worked with
the transmittor shall be entitled to count such service with the transmittor as
service with the transmittee for the purpose of this clause.
6. Qualifying Period
Subject to Clause 5, Casual Employees, employers shall
not be required to contribute superannuation in accordance with this Award for
an employee who has no previous service in the industry of private hospitals,
and nursing homes, charitable institutions and hostels, until the employee has
completed four weeks service in these industries.
Provided that once this period has elapsed, payments in
accordance with subclause (i) of Clause 5 shall be made for the entire period
of service with the employer.
7. Area, Incidence
and Duration
(i) This award was
made following a review under s.19 of the Industrial Relations Act 1996.
(ii) This award
rescinds and replaces the Private Hospital and Nursing Homes Professional
Employees Superannuation (State) Award published 19 January 1990 (254 I.G 297);
Private Health Industry Employees Superannuation (State) Award published 19
January 1990 (254 I.G 291); and the Charitable Institutions (Professional
Employees) Superannuation (State) Award, published 14 June 1989 (252 I.G. 847).
(iii) This award
shall apply to employed under the Aged Care General Services (State) Award;
Charitable Sector, Aged and Disability Services (State) Award; Charitable, Aged
and Disability Services (State) Award; Nursing Homes Professional Employees
(State) Award; Charitable Institutions (Professional Paramedical Staff) (State)
Award; Charitable Sector (Professional Social Workers) (State) Award; Private
Hospital Employees (State) Award; and Private Hospital Professional Employees
(State) Award.
(iv) It shall take
effect from the beginning of the first pay period to commence on or after 13
June 2001, and shall remain in force thereafter for a period of 36 months.
(v) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 23 July 2007.
(vi) This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
____________________
Printed by
the authority of the Industrial Registrar.