RETAIL INDUSTRY (STATE) SUPERANNUATION AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1767
of 2001)
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Before the Honourable Justice Kavanagh
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12 June 2001
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REVIEWED AWARD
1. ARRANGEMENT
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1.
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Arrangement
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2.
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Definitions
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3.
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Funds
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4.
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Fund Membership
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5.
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Contributions
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6.
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Cessation of Contributions
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7.
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Employer to Continue Participation
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8.
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Employer Failure to Participate in Fund
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9.
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Frequency of Payment
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10.
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Exemption
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11.
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Leave Reserved
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12.
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Area, Incidence and Duration
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2. DEFINITIONS
"The Fund" for the purpose of this Award
shall be a fund prescribed by or pursuant to Clause 3, Funds.
"Ordinary Time Earnings" in this Award means
the employee's award rate of pay (as prescribed by the appropriate Industrial
Award) including any overaward and/or merit payments, casual loadings, penalty
rates and/or shift loadings (but excluding overtime, commission and occasional
bonus payments).
"Eligible Employee" in this Award means an
employee employed under an Award named in Clause 12, Area, Incidence and
Duration who is working in or in connection with a retail shop with six (6)
months continuous service with the employer who works as a full-time employee,
part-time employee or as an adult casual employee (working regularly 12 hours
or more per week). In this Award
employee means eligible employee.
"Eligible Employer" in this Award means an
employer engaged in the retail industry in New South Wales. In this Award employer means eligible
employer.
3. FUND
For the purpose of this Award, the fund into which payments
are to be made shall be the Retail Employees' Superannuation Trust (REST).
4. FUND MEMBERSHIP
(a) An employer
shall apply to the Trustees of the fund to become a participating employer in
the fund.
(b) Each
employee shall, upon the employer being accepted by the Trustees of the Fund,
make application to become a member of the fund.
5. CONTRIBUTIONS
(a) An employer
covered by this Award shall contribute to the fund in respect of each eligible
employee an amount equal to 3% of that employee's ordinary time earnings each
week commencing from the first full pay period on or after 1st January, 1989 or
such subsequent date as an employee becomes "eligible" in accordance
with Clause 2, Definitions.
(b) 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 in
respect of the period of unpaid absence.
(c) Employees
who may wish to make contributions to the fund additional to those being paid
by the employer pursuant to subclause (a) shall be entitled to authorise the
employer to pay into the fund from the employee's wages amounts specified by
the employee.
Employee contributions to the fund requested under this
subclause shall be made in accordance with the rules of the fund.
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 employee's
employment with the employer.
7. EMPLOYER TO CONTINUE
PARTICIPATION
An employer who participates in the fund shall not cease
participation in the fund whilst employing any employees.
8. EMPLOYER FAILURE TO
PARTICIPATE IN FUND
Where an employer has failed, pursuant to subclause (a) of
Clause 4, 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 an initial contribution to the fund, in respect of each employee,
equivalent to the contributions which would have been payable under subclause
(a) of Clause 5, had the employer made application to participate in the fund
and been accepted by the Trustee prior to 1st January, 1989 after which the
employer shall then continue to make payments as prescribed by this Award.
Other than for backpayment of contributions, the employee shall not be entitled
to:
(a) interest on
contributions
and/or
(b) death and
disability cover
until such time as the employer becomes a member of the
fund, that is the date of acceptance by the Trustees.
9. FREQUENCY OF PAYMENT
Each employer shall pay such contributions together with any
employee deductions in accordance with the requirement of the trust deed of the
fund.
10. EXEMPTION
An employer shall be exempt from Clause 3, Fund of this
award where:
(a) The employer
is engaged in a mixed enterprise where more than seventy-five per cent (75%) of
employees are engaged in an industry other than the retail industry. Provided that the employer is paying the
entitlements under this Award into a fund approved in accordance with the
Commonwealth Operational Standards for Occupational Superannuation Funds;
OR/
(b) Agreement is
reached between an employer and/or their employer organisation and the union(s)
party to this Award and such agreement is recorded in a Registered Industrial
Agreement.
OR/
(c) Where the
employer:
(i) contributes
on behalf of all employees into a fund, approved in accordance with the
Commonwealth Operational Standards for Occupational Superannuation Funds, which
was established prior to 1 August 1988,
AND
(ii) occupational
superannuation contributions equivalent to 3% of ordinary time earnings on a basis
equal to the entitlement payable under this Award were being paid on behalf of
all employees covered by this Award prior to 22 July 1988 and have continued to
be paid since that date,
AND
(iii) provided
that such fund is an industry based fund providing for equal employer and union
representation,
AND
(iv) provided
that the employer informs the unions of the intention to use such fund
11. LEAVE RESERVED
Leave is reserved to any party bound by this Award to apply
in respect of any unforeseen circumstances (arising from Matter Nos. 506, 555,
966 and 968 of 1987 and 1578 of 1988) not contemplated by the parties at the
time of making this Award.
12. AREA, INCIDENCE AND
DURATION
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Retail Industry (State) Superannuation Award published on the 2
November 1990 (259 IG 913) and all variations thereof. This Award shall apply to all eligible
employers in the State of New South Wales in respect of their eligible
employees who are employed under:
- Shop Employees' (State) Award (other than Retail
Merchandisers)
- Clerks in Retail Shops (State) Award
- Retail Services Employees’ (State) Award
- Saddlery, Leather, Canvas and Plastic Material
- Workers' (State) Award
- Miscellaneous Workers' General Services (State) Award
- Restaurant Employees' Retail Shops (State) Award
- Security Industries (State) Award
Excluding the County of Yancowinna and also excluding
employees who are already covered by an Occupational Superannuation Award
existing at the time of making this Award.
No employer or employee shall be excluded from this Award on
the basis of existing voluntary superannuation arrangements.
No employer shall be required to contribute an additional 3%
contribution as a result of the making of this Award if such employer has
already commenced payment of a 3% benefit in accordance with the Wage Fixing
Principles.
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 of Review of Award
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 IG 307) shall take effect on and from 12 June 2001.
This Award published on 2 November 1990 took effect from the
first full pay period on or after 1 January 1989 (except for those employers in
the Metal Industry who are named in Industrial Agreements made pursuant to
Subclause (b) of Clause 10 EXEMPTIONS for whom the operative date shall be 1
July 1989).
This award remains in force until varied or
rescinded for the period for which it was made having already expired.
T. M. KAVANAGH, J
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Printed by the authority of the Industrial Registrar.