STARCH MANUFACTURERS, &C. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1797 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete subclause (c) Enterprise Arrangements, of clause 3, Undertakings, of the award published 8 June 2001 (325 I.G. 370) and insert in lieu thereof the following:

 

(c)        Enterprise Arrangements

 

See the enterprise arrangements principle of the "State Wage Case Fixing Principles".

 

2.          Delete the words "subclause(h)" in paragraph (ii) of subclause (k) of Clause 11  Hours - Shift Work and insert in lieu thereof the following:

 

sub-clause (i)

 

3.          Delete clause 27, Superannuation and insert in lieu thereof the following:

 

27.  Superannuation

 

(a)        Definitions:

 

 

(i)         "Fund" - In this clause, all reference to "fund" shall mean the Milling and Associated Industries Superannuation Fund (the MAIS fund) at sites providing occupational superannuation prior to 1 July 1991; or, the Labour Union Co-operative Retirement Fund (LUCRF) at sites introducing Occupational Superannuation on or after 1 July 1991.

 

(ii)        "Ordinary-time earnings" - In this clause, the term "ordinary-time earnings" shall mean the award classification rate, including supplementary payments where relevant, overaward payments and shift work loadings.

 

(iii)       "Approved superannuation scheme" - For the purpose of this clause, "approved superannuation scheme" means a scheme approved in accordance with the Commonwealth's operational standards or occupational superannuation funds.

 

(b)        Employer Contributions:

 

(i)         In addition to other payments provided for under this award, the employer shall make a superannuation contribution to the fund on behalf of eligible employees of an amount equivalent to 3% of the employee's ordinary time earnings.

 

(ii)        Payment shall be made on a monthly basis and cover pay periods completed in that time.

 

(iii)       The majority of employees in an establishment will determine the appropriate fund for that establishment prior to 1 July 1991, after which time the Labour Union Co-operative Retirement Fund (LUCRF) shall be the only defined fund.

 

 

(c)        Eligibility

 

(i)         Employers shall only be required to make contributions in accordance with this clause in respect of employees who have been employed by the employer continuously for a period of three months.

 

(ii)        Contributions for casual employees will be made at the end of each calendar months, calculated at 3 per cent of all earnings during the month; provided that, if a casual employee's hours are less than 12.5 hours in any week, the employer shall not be required to make any contribution.

 

(iii)       Employees who become eligible to join the fund shall, in addition to contributions under "Employer Contributions) hereof, be entitled to a once only contribution by the employer to the fund in respect of the qualifying period.  Such contributions shall be equivalent to contributions under "Employer Contributions".

 

Employer's Contribution During Leave Without Pay - 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.

 

(d)        Employee Contributions

 

(i)         Employees who wish to make contributions to the fund additional to those being paid by the employer pursuant to "Employer Contributions" hereof, shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee.

 

(ii)        Employee contributions to the fund requested under this subclause shall be made in accordance with the rules of the fund.

 

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.

 

Employer's Failure To Participate In Fund - Where an employer has failed 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 once only contribution to the fund in respect of each eligible employee equivalent to the contributions which would have been payable under this clause had the employer made application to participate in the fund and been accepted by the trustees prior to 1 July 1991.

 

(e)        Fund Membership

 

(i)         An employer shall, within fourteen days of an employee becoming eligible for contributions as described in subclause (iii) hereof, inform each eligible employee of the availability of superannuation entitlements and offer such employee the opportunity to join the Fund.

 

(ii)        Such offer shall be made in writing by the employer and shall, if not accepted, be rejected in writing by the employee.  Contributions made by the employer shall only begin from the date when the employee applied to join the Fund.

 

(iii)       Where an employee, after being made aware of the superannuation entitlement by the employer, refuses to become a member of the Fund, the employer will not make contributions in accordance with this clause.

 

(f)         Exclusions

 

(i)         An employer making a 3 per cent contribution (or more) to an approved superannuation scheme for employees under this award prior to 1 July 1991 is automatically excluded from the provisions of this clause.

 

(ii)        Other than as provided in paragraph (i) hereof, no employer shall be excluded from the operation of this clause on the basis of existing voluntary superannuation arrangements.

 

(g)        Standards Of Proof

 

Where doubt exists as to whether contributions were made in accordance with subclause (i), prior to 1 July 1991, the provision of the statutory declaration by the employer shall be deemed to be prima facie evidence of the date of the operation of the contributions.

 

(h)        Exemptions

 

An individual employer, other than an employer covered by subclause (i) may make application for exemption from the requirement to pay contributions to the fund pursuant to this clause.

 

The Commission may grant such exemption having regard to the following procedures and circumstances:

 

(i)         Provided that leave is reserved to any employer to apply for exemption from this clause on the grounds of the standards of existing arrangements provided by the employer as at 1 July 1991.

 

(ii)        It is further provided that in circumstances where the Union is concerned about a Fund established on or after the commencement date of this clause, it may challenge the suitability of that Fund.  In the event of dispute between the parties in the application of this exemption clause, the matter shall be referred to the Commission for resolution.  During the period required to obtain such a resolution, work shall continue as normal.

 

(NOTATION:  Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act, 1992 (Cth.) and the Superannuation Guarantee (Administration) Act, 1992 (Cth.) and complimentary legislation.  Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of making this award.)

 

4.          The changes made to the Award pursuant to the Award Review under Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (85 IR 38) take effect on and from 6 August 2004.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

R. W. HARRISON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.