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New South Wales Industrial Relations Commission
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BRICK AND PAVER INDUSTRY (STATE) AWARD
  
Date08/16/2002
Volume335
Part6
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C1336
CategoryAward
Award Code 057  
Date Posted08/15/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(057)

SERIAL C1336

 

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.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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