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
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5 October 2004
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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remains in force until varied or rescinded, the period for which it was made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
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Industrial Committee
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Transport Industry (State) Award
published 20 April
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Transport Industry (State) Industrial Committee
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2000 (315 I.G. 192), as varied.
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Transport Industry - Cash in Transit
(State) Award
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Transport Industry (State) Industrial Committee
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published 4 April 2003 (339 I.G.
63), as varied
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Transport Industry - Petroleum
&c., and Distribution
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Transport Industry (State) Industrial Committee
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(State) Award (285 I.G. 155)
published 13 April 995,
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as varied.
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Transport Industry - Trade Waste
(State) Award
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Transport Industry - Trade Waste (State)
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published 18 September 1998 (306
I.G. 707), as
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Industrial Committee
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varied.
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Transport Industry - Wholesale
Butchers (State)
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Transport Industry - Wholesale Butchers (State)
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Award published 12 November 1993
(227 I.G. 186),
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Industrial Committee
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as varied.
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Transport Industry - Wood and
Coal (State) Award
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published 19 April 1978 (209
I.G. 609) and reprinted
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(232 I.G. 2133) published 28
March 1984, as varied.
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Ice Cream Carters and Van
Salesman (State) Award
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Milk Treatment &c., and Distribution (State)
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(276 I.G. 140) published 13
August 1993, as varied.
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Industrial Committee
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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.
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Printed by
the authority of the Industrial Registrar.