TRANSPORT INDUSTRY (STATE) SUPERANNUATION (NO. 2) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1330
of 2001)
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Before the Honourable Justice Marks
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10 August 2001
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REVIEWED AWARD
1. INDEX
Clause No Subject
Matter
1. INDEX
2. DEFINITIONS
3. CONTRIBUTIONS
4. CESSATION OF CONTRIBUTIONS
5. UNPAID ABSENCES
6. AWARD TO BE POSTED
7. INDUSTRIAL DISPUTES AND
GRIEVANCE
PROCEDURE
8. ANTI-DISCRIMINATION
9. AREA, INCIDENCE AND
DURATION
ANNEXURE
"A"
2. DEFINITIONS
2.1 "Fund"
means the TWU Superannuation Fund established by Trust Deed and Articles on 4
October 1984.
2.2 "Trustee"
means the Trustee of the TWU Superannuation Fund.
2.3 "Address
of the Trustee" means:
c/- TWU Nominees Pty Ltd
GPO
Box 4207
Sydney
NSW 2001
2.4 "Ordinary
Time Earnings" has the same meaning as that phrase has in the Superannuation Guarantee (Administration)
Act 1992 (Cmth) as it is varied from time to time, and as that phrase is
interpreted by rulings of the Australian Taxation Office from time to time.
3.
CONTRIBUTIONS
3.1 Each
respondent employer shall apply to the Trustee to become a participating
employer in the Fund.
Such application shall be made in the form set out in
Annexure "A: hereto and sent by certified mail to the prescribed address
of the Trustee.
Every member approved by the Trustee shall thereby
become a participating employer in the Fund.
3.2
3.2.1 On engagement,
and for existing employees, the employer shall make the employees aware of
his/her entitlements under this clause and supply the employee with an
application form(s) to become a member of the fund. The employer or the employer’s representative shall advise the
employee that an application form(s) must be completed for the employee to
become a member of the Fund.
3.2.2 The employer
shall make contributions in accordance with 3.3 hereof on behalf of all
eligible employees once such employees have completed the application for
membership form(s), and have been accepted as members and the employers
notified of such by the fund administrator.
3.2.3 Where an
employee is not a member of the Fund, and has been fully advised by the
employer or the employer’s representative pursuant to 3.2.1 hereof of
entitlements under this award but the employee has refused or failed to join
the Fund, the employer shall remind the employee in writing, of his/her
entitlements, within a period of a further six months from the date of becoming
eligible for superannuation.
3.3
3.3.1 Each
participating employer shall determine a weekly contribution to the Fund, in
respect of each full time employee who is a member of the Fund employed by that
employer. The weekly contribution in
respect of each such employee shall relate to each week employed or part
thereof and shall be the greater of:
3.3.1.1 $17.00
or
3.3.1.2 an
amount equivalent to the percentage of the employee’s ordinary time earnings in
a particular week indicated in the table below:
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Financial Year
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Charge Percentage where employer’s base year payroll $1m or less
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Charge Percentage where employer’s base year payroll above $1m
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1995/96
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5
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6
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1996/97
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6
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6
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1997/98 and subsequent years
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in accordance with the Superannuation Guarantee
(Administration Act 1992)
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in accordance with the Superannuation Guarantee
(Administration Act 1992)
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which means:
3.3.1.2.1 in
respect of weeks ending in the financial year ending 30 June 1996:
3.3.1.2.1.1 an
amount equivalent to 5% of the employee’s ordinary time earnings for the
particular week for employees of employers with a base year payroll of less
than $1 million:
and
3.3.1.2.1.2 an
amount equivalent to 6% of the employee’s ordinary time earnings for the
particular week for employees of employers with a base year payroll of more
than $1 million.
3.3.1.2.2 in
respect of weeks ending in the financial year ending 30 June 1997 an amount
equivalent to 6% of the employee’s ordinary time earnings for the particular
week; and
3.3.1.2.3 in
respect of week s ending after 30 June 1997 an amount which is in accordance
with the Superannuation Guarantee
(Administration) Act 1992.
3.3.2 Each
participating employer shall determine a monthly contribution to the Fund, in
respect of each casual employee who is a member of the Fund, employed by that
employer. The monthly contribution in
respect of each such employee shall be the greater of:
3.3.2.1 $3.40
for each day employed or part thereof in the particular month or
3.3.2.2 an
amount equivalent to the percentages of the employee’s ordinary time earnings
in the particular month indicated in the table below:
|
Financial Year
|
Charge Percentage where employer’s base year payroll $1m or less
|
Charge Percentage where employer’s base year payroll above $1m
|
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1995/96
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5
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6
|
|
1996/97
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6
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6
|
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1997/98 and subsequent years
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in accordance with the Superannuation Guarantee
(Administration Act 1992)
|
in accordance with the Superannuation Guarantee
(Administration Act 1992)
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which means:
3.3.2.2.1 in
respect of days ending in the financial year ending 30 June 1996:
3.3.2.2.1.1 an
amount equivalent to 5% of the employee’s ordinary time earnings for the
particular month for employees of employers with a base year payroll of less
than $1 million;
and
3.3.2.2.1.2 an
amount equivalent to 6% of the employee’s ordinary time earnings for the
particular month for employees of employers with a base year payroll of more
than $1 million.
3.3.2.2.2 in
respect of days ending in the financial year ending 30 June 1997 an amount
equivalent to 6% of the employee’s ordinary time earnings for the particular
months; and
3.3.2.2.3 in
respect of months ending after 30 June 1997 an amount which is in accordance
with the Superannuation Guarantee
(Administration) Act 1992.
3.3.3 The
participating employer shall make payments to the Trustee of contributions to
the Fund on behalf of each employee member of the Fund employed by that
employer on a monthly basis.
3.3.4 Notwithstanding
anything else in this clause, an employer of junior employees who are within
the classifications of the Ice Cream Carters and Van Sale persons (State) Award
shall not be required by this award to make the flat $17.00 per week payment
for permanent employees referred to in subclause 3.3.1.1 of this clause or the
flat $3.40 per day payment for casual employees referred to in subclause
3.3.2.1 of this clause.
4. CESSATION OF CONTRIBUTIONS
A respondent employer’s obligation to make contributions to
a superannuation fund under the award shall cease on the last day of an
employee’s employment and a respondent employer shall not be required to make
any contributions to the fund in respect of any period beyond that last day of
employment.
5.
UNPAID ABSENCES
An employer shall not be required to make a contribution to
the relevant superannuation fund in respect to any period an employee is absent
from duty without pay.
6.
AWARD TO BE POSTED
6.1 A copy of this
award and any variation thereto shall, as soon as the official print is
available, be posted by the employer in a prominent place where it is easily
accessible to the employees.
6.2 After
compliance with subclause 6.1 hereof, the award and any variations thereto
shall be kept posted at least every six months.
7.
INDUSTRIAL DISPUTES AND GRIEVANCE PROCEDURE
7.1 Disputes
Procedure
7.1.1 A question
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at levels
of authority.
7.1.2 Reasonable time
limits must be allowed for discussion at each level of authority.
7.1.3 While a
procedure is being followed, normal work must continue.
7.1.4 The employer
may be represented by an industrial organisation of employers and the employees
may be represented by the Union for the purposes of each procedure.
7.2 Grievance
Procedure
7.2.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
7.2.2 A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
7.2.3 Reasonable time
limits must be allowed for discussion at each level of authority.
7.2.4 At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
7.2.5 While a
procedure is being followed, normal work must continue.
7.2.6 The employee
may be represented by the Union.
8.
ANTI-DISCRIMINATION
8.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act, 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
8.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
8.3 Under the Anti-Discrimination Act, 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
8.4 Nothing in
this clause is to be taken to affect:
8.4.1 Any conduct or
act which is specifically exempted from anti-discrimination legislation;
8.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
8.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act, 1977; or
8.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
8.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects any of the act or
practiced of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. AREA, INCIDENCE AND DURATION
9.1 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 Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 10 August 2001. This award rescinds and replaces the
Transport Industry (State) Superannuation Award (No. 2) published 17 March 2000
(314 I.G. 148).
9.2 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
9.3 It shall apply
to employers in respect of their employees who are (a) within the
classifications set out in the awards referred to in the left hand column of
the schedule set out hereunder, or any awards rescinding, replacing or
succeeding those awards and (b), within the jurisdiction of the Industrial
Committees referred to in the right hand columns of the said schedule, where
such a Industrial Committee exists, provided that this award shall not apply to
employers who are bound by the Transport Industry - Mixed Enterprises (State)
Superannuation Award.
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Award
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Industrial
Committee
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Transport Industry (State) Award published 20 April
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Transport Industry (State) Industrial Committee
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2000 (315 I.G 192), as varied.
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Transport Industry - Armoured Cars &c., (State) Award
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Transport Industry (State) Industrial Committee
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published 14 June 1978 (209 I.G 3791) reprinted (232
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I.G 1242) published, 22 February 1984, as varied.
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Transport Industry - Petroleum &c., and Distribution
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Transport Industry (State) Industrial Committee
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(State) Award (285 I.G 155) published 13 April 1995,
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as varied.
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Transport Industry - Trade Waste (State) Award,
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Transport Industry - Trade Waste (State)
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published 18 September 1998 (306 I.G 707), as varied.
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Industrial Committee
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Transport Industry - Wholesale Butchers (State) Award
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Transport Industry - Wholesale Butchers
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published 12 November 1993 (227 I.G 186), as varied.
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(Country) Conciliation Committee and
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Transport Industry - Wholesale Butchers
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(Cumberland) Industrial Committee
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Transport Industry - Wood and Coal (State) Award
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Transport Industry - Wood and Coal (State)
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published 19 April 1978 (209 I.G 609) and reprinted
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Industrial Committee
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(232 I.G 2133) published 28 March 1984, as varied.
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Ice Cream Carters and Van Salesman (State) Award
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Milk Treatment &c., and Distribution (State)
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(276 I.G 140) published 13 August 1993, as varied.
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Industrial Committee
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9.4 It shall also
apply to employers in respect of their employees who are within the Part A classification
only set out in clause 6 Rates of Pay, of the Milk Treatment, &c., and
Distribution (State) Award, published 5 July 1978 (210 I.G 63) and reprinted 15
May 1986 (237 I.G 699), as varied from time to time.
9.5 Any employer
who, prior to 18 November 1989, was in respect of any employees such as are
referred to in subclause (b) of 9. Area, Incidence and Duration of this award
paying on their behalf weekly or otherwise regular contributions equal to or in
excess of three per cent (3%) of their base award rate of pay into an approved
fund other than the fund or paying on behalf of eligible employees
contributions in accordance with the provisions of another award providing
superannuation benefits shall be exempt from the provision of this award for as
long as that employer continues in respect of such employees to pay on their
behalf weekly or otherwise regular contributions equal to or in excess of the
amounts as contained in clause 3, Contributions, of this award.
9.6 Notwithstanding
anything else contained in this award, this award shall not require
superannuation benefits to be paid on behalf of the following classes of
employees:
9.6.1 employees in
respect of remuneration of less than $450.00 in a calendar month;
9.6.2 employees over
the age of 65 years; and
9.6.3 employees under
the age of 18 years who work less than 30 hours per week.
ANNEXURE A
TWU SUPERANNUATION
FUND APPLICATION FOR EMPLOYER-SPONSOR
To: Nominees Pty.
Limited
GPO Box 4207
Sydney NSW
2001
From: of
(the Applicant)
The Applicant hereby applies to TWU Nominees Pty. Limited in
its capacity as Trustee of the TWU Superannuation Fund (the Fund) to become an
Employer-Sponsor under and pursuant to the terms and conditions of the Trust
Deed dated 4 October 1984, as amended, by which the Fund was constituted.
The Trustee and Guardian of the TWU Superannuation Fund and
their nominees are authorised to accept on behalf of the Applicant the
signature of any person as advised by the Applicant (including those nominated
on the reverse side of this form) for the purpose of supplying to the Trustee
or Guardian or their nominee any request for payment of monies from the
aforesaid Fund or any notice requesting consent certificate or list and/or
making any communication required to facilitate the administration of the Fund.
Dated this day
of 19
*for use when a Participating Employer is a Company or
Corporation:
THE COMMON SEAL OF }
was hereby affixed in the }
presence of }
..................................................... ............................................
Secretary Director
Signed for and on behalf of }
by its duly authorised signatory }
in the presence of } Authorised Signatory
*for use when Participating Employer is a Partnership of
Sole Trader:
SIGNED, SEALED AND DELIVERED by the said in the
presence of:
(Full Name) (Signature) (Witness)
(Full Name) (Signature) (Witness)
(Full Name) (Signature) (Witness)
**please complete information overleaf.
AUTHORISED SIGNATORIES
1
(Full Name) (Position) (Signature)
2
(Full Name) (Position) (Signature)
3
(Full Name) (Position) (Signature)
The name of the Officers for Contact Purposes:
General: Title: Ph: ( ) Ext:
Paymaster: Ph:
( ) Ext:
Address:
The normal pay day is (circle one): Mon Tue Wed Thur Fri
F.
MARKS J.
____________________
Printed by the authority of the Industrial Registrar.