Local Government (State) Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union, Industrial Organisation of Employees.
(Case No. 2016/00123849)
Before The Honourable Justice Walton, President
|
1 July 2016
|
VARIATION
1. Delete Clause
14, Superannuation Fund Contributions, of the award published 22 August 2014 (376
I.G. 817), and insert in lieu thereof the following:
14. Superannuation
and Related Arrangements
(i) Superannuation
Fund Contributions
a) Subject to the
provisions of the Industrial Relations Act 1996 (NSW), the employer shall make
superannuation contributions to the Local Government Superannuation Scheme and
not to any other superannuation fund.
(ii) Salary
Sacrifice Arrangements specific to Superannuation
a) For the
purposes of this sub-clause:
i. "Eligible
employee" means an employee with at least ten (10) years continuous
service with the employer who has an accrued entitlement to long service leave
under the Award that is in excess of the long service leave entitlement that
the employee would have accrued if covered by section 4 of the Long Service
Leave Act 1955 (NSW).
ii. "Excess
LSL" means the long service leave that an employee has accrued under the
Award that is in excess of the long service leave that the employee would have
accrued if covered by section 4 of the Long Service Leave Act 1955 (NSW).
iii. "LSL"
means Long Service Leave.
iv. "LSL
Act" means the Long Service Leave Act 1955 (NSW).
v. "Ordinary
Time Earnings" has the same meaning as in section 6(1) of the
Superannuation Guarantee (Administration) Act 1992 (Cth).
vi. "Superannuation
Fund" means the Local Government Superannuation Scheme.
b) Subject to
this clause, eligible employees may, with the consent of the employer, cash out
some or all of their Excess LSL.
c) Any Excess LSL
cashed out in accordance with clause shall be paid to the employee at the
employee’s ordinary pay.
Example: A full-time employee with 10 years’ continuous
service with the employer accrues 13 weeks LSL under the Award, whereas they
would have only accrued 8 weeks LSL if covered by s4 of the LSL Act. After 10 years’ service, the employee would
have up to 5 weeks Excess LSL which may, with the consent of the employer, be
cashed out.
d) Eligible
employees who have Excess LSL cashed out under this clause must enter into a
Salary Sacrifice Arrangement for the equivalent amount to be paid into the
Superannuation Fund as Ordinary Time Earnings, unless the employee has reached
their concessional contribution cap.
e) Notwithstanding
clause 13(vi) of the Award, any Salary Sacrifice Arrangement made under this
clause shall not be treated as an approved benefit for superannuation purposes.
2. This variation
shall take effect on and from 1 July 2016.
M. J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.