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New South Wales Industrial Relations Commission
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TRANSPORT INDUSTRY (STATE) SUPERANNUATION AWARD
(NO. 2)
  
Date05/06/2005
Volume350
Part4
Page No.1029
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C3348
CategoryAward
Award Code 2190  
Date Posted05/05/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(2190)

SERIAL C3348

 

TRANSPORT INDUSTRY (STATE) SUPERANNUATION AWARD (NO. 2)

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4594 of 2004)

 

Before The Honourable Mr Deputy President Harrison

5 October 2004

 

REVIEWED AWARD

 

1.          Delete paragraph 3.3.4 of clause 3, Contributions, of the award published 19 October 2001 (328 I.G. 1056) and insert in lieu thereof the following:

 

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 Salespersons (State) Award shall not be required by this award to make the flat $17.00 per week payment for permanent employees referred to in subparagraph 3.3.1.1 of this clause or the flat $3.40 per day payment for casual employees referred to in subparagraph 3.3.2.1 of this clause.

 

2.          Delete clause 9, Area, Incidence and Duration, and insert in lieu thereof the following:

 

9.  Area, Incidence and Duration

 

9.1        This award rescinds and replaces the Transport Industry (State) Superannuation Award (No. 2) published 17 March 2000 (314 I.G. 148), which was effective on and from 26 October 1995 with a nominal term of 12 months.

 

9.2        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 Award made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 5 October 2004.

 

9.3        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

9.4        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.

 

Award

Industrial Committee

Transport Industry (State) Award published 20 April

Transport Industry (State) Industrial Committee

2000 (315 I.G. 192), as varied.

 

Transport Industry - Cash in Transit (State) Award

Transport Industry (State) Industrial Committee

published 4 April 2003 (339 I.G. 63), as varied

 

Transport Industry - Petroleum &c., and Distribution

Transport Industry (State) Industrial Committee

(State) Award (285 I.G. 155) published 13 April 995,

 

as varied.

 

Transport Industry - Trade Waste (State) Award

Transport Industry - Trade Waste (State)

published 18 September 1998 (306 I.G. 707), as

Industrial Committee

varied.

 

Transport Industry - Wholesale Butchers (State)

Transport Industry - Wholesale Butchers (State)

Award published 12 November 1993 (227 I.G. 186),

Industrial Committee

as varied.

 

Transport Industry - Wood and Coal (State) Award

Carters, &c., Wood and Coal (State) Industrial

published 19 April 1978 (209 I.G. 609) and reprinted

Committee

(232 I.G. 2133) published 28 March 1984, as varied.

 

Ice Cream Carters and Van Salesman (State) Award

Milk Treatment &c., and Distribution (State)

(276 I.G. 140) published 13 August 1993, as varied.

Industrial Committee

 

9.5        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.

 

9.6        Any employer who, prior to 18 November 1989, was in respect of any employees such as are referred to in subclause 9.4 of this clause paying on their behalf weekly or otherwise regular contributions equal to or in excess of 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.

 

9.7        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:

 

9.7.1     employees in respect of remuneration of less than $450.00 in a calendar month;

 

9.7.2     employees over the age of 65 years; and

 

9.7.3     employees under the age of 18 years who work less than 30 hours per week.

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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