BRICK AND PAVER INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Federated Brick, Tile and Pottery Industrial Union of Australia, New South
Wales Branch, industrial organisation of employees.
(No. IRC 6057 of 2001)
Before The Honourable
Justice Haylen
|
27 September 2001
|
VARIATION
1. Insert after
clause 5.7, Transfer (Mixed Functions), of Part 5, of the award published 22
January 1999 and award review published 1 September 2000 (318 I.G. 236), as
varied, the following new clause:
5.8 Superannuation
5.8.1 Definitions -
superannuation
5.8.1.1 The
Fund means any superannuation scheme conforming to the Commonwealth
Government's operational standards for occupational superannuation, or
5.8.1.2 C+BUS
as may be amended from time to time, and including any superannuation schemes
which may succeed them;
5.8.1.3 Ordinary
time earning, means the total of earning in respect of ordinary hours of work
defined in clause 1.5.6 of this Award.
It does not include overtime earnings.
5.8.2 Employer
contribution to superannuation
The subject of Superannuation is dealt with extensively
by Federal legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints)
Act 1993, and section 124 of the Industrial
Relations Act 1996 (NSW). This legislation, as varied from time to time,
governs the superannuation rights and obligations of the parties.
An employer must contribute to the fund in respect of
each employee an amount at least the equivalent of the contribution required by
the Superannuation Guarantee legislation but in any case nor less than 3%.
5.8.3 Unpaid absences
An employer will not be required to make a contribution
on behalf of an employee who is absent from work without pay and the employer's
contribution in any week when unpaid leave occurs, will be reduced by a
proportionate amount.
5.8.4 Employee
contributions
Subject to the rules of the fund, employees who wish to
make additional contributions to the fund, are entitled to do so. They either forward their own contributions
directly to the fund administrators or, where it is practicable to do so,
authorise the employer to pay into the fund from the employee's wages, amounts
specified by the employee.
5.8.5 Cessation of
contributions
An employee's eligibility for contributions to the fund
will cease on the last day of employment with the employer and the employer
must not make any contributions to the fund in respect of any period beyond the
last day of employment.
2. This
variation shall take effect from the first pay on or after 27 September 2001.
W. R. HAYLEN J.
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Printed by the authority of the Industrial Registrar.