TRANSPORT INDUSTRY - MIXED ENTERPRISES (STATE) SUPERANNUATION AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4599 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete subclause 3.1, of clause 3, Anti-Discrimination, of the award published 2 November 2001, and insert in lieu thereof the following:

 

3.1        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

2.          Delete the reference "Anti-Discrimination Act 1977" wherever appearing in the said clause 3, and insert in lieu thereof the following:

 

Anti-Discrimination Act 1977

 

3.          Delete subclause 4.3, of clause 4, Area, Incidence and Duration, and insert in lieu thereof the following:

 

4.3        The changes made to the award pursuant to the Award Review pursuant to 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on 6 December 2004.

 

This award was published 16 February 1990 (254 I.G 877),effective on and from 18 August 1989, with a nominal term of six months.  It remains in force until varied or rescinded, the period for which it was made having already expired.

 

4.          Delete the words "clause 5, definitions" wherever appearing in the award, and insert in lieu thereof the following:

 

clause 5, Definitions

 

5.          Delete clause 8, Failure of Employer to Participate in a Fund, and insert in lieu thereof the following:

 

8.  Failure of Employer to Participate in a Fund

 

Where an employer has failed to make application to participate in an approved fund, the employer shall make application to participate in such fund and upon acceptance by the Trustee shall make an initial contribution to such fund, in respect of each eligible employee, equivalent to the contributions which would have been payable under this award, had the employer application to participate in such fund been accepted by the Trustee prior to the operation of this award after which the employer shall then continue to make payments as prescribed by this award.  Other than for back payment of contributions, the employee shall not be entitled to:

 

(a)        interest on contributions; and/or

 

(b)        death and disability cover,

 

until such time as the employer becomes a member of such fund that is the date of acceptance by the trustees.

 

6.          Delete Schedule A of the award, and insert in lieu thereof the following:

 

SCHEDULE A

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.