State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)

spacer image spacer image

Page No.478
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C3622
Award Code 1041  
Date Posted05/26/2005

spacer image spacer image

spacer image Click to download*
spacer image








Application by Australian Co-operative Foods Limited.


(No. IRC 1080 of 2005)


Before The Honourable Justice Marks

14 March 2005




1.          Insert in clause 2, Arrangement, of the award published 1 August 2003 (340 I.G. 710), the following new clause number and subject matter and renumber the existing clause 42, Anti Discrimination to read as clause 43:


42.       Superannuation Salary Sacrifice

43.       Anti Discrimination


2.          Renumber clause 42, Anti Discrimination, to read as clause 43 and insert the following new clause 42, Salary Sacrifice, as follows:


42.  Superannuation Salary Sacrifice


(i)         From the date nominated by Dairy Farmers as the date of commencement and subject to any relevant taxation and superannuation legislation, regulations and/or rules, Dairy Farmers may, if so requested by a weekly full-time or weekly part-time employee ("employee"), agree to allow an employee to sacrifice part of their gross weekly ordinary time base rate of pay (excluding overtime, shift/weekend/public holiday penalties and any allowances which are not paid for all purposes) ("weekly pay") as superannuation contributions ("Salary Sacrifice contributions") in accordance with the following provisions:


(a)        The Salary Sacrifice contributions may only be made to the superannuation fund to which Dairy Farmers makes the employee’s superannuation contributions under this Award and only if such fund is permitted to accept the Salary Sacrifice contributions ("nominated plan").


(b)        An employee must request and authorise Dairy Farmers in writing to make Salary Sacrifice contributions to the nominated plan and complete and sign any documentation required by Dairy Farmers or the fund manager or trustee (as the case may be) of the nominated plan.


(c)        Salary Sacrifice contributions made for an employee are in addition to the contributions Dairy Farmers is required to make for the employee under the superannuation guarantee legislation ("Dairy Farmers superannuation contributions").


(d)        The amount of Salary Sacrifice contributions are to be nominated by the employee and must be expressed as an amount of money and not as a percentage of their weekly pay and such amount is not to exceed 45% of the employee’s weekly pay provided that the aggregate of the Salary Sacrifice contributions and the Dairy Farmers superannuation contributions do not exceed in any relevant period the employee’s age-based deduction limit (as determined from time to time under the relevant superannuation legislation).


(e)        The amount of any Salary Sacrifice contribution is deducted from the employee’s weekly pay. However, the amount of the employee’s  weekly pay without any deduction for Salary Sacrifice contributions will be used for the purposes of calculating the Dairy Farmers superannuation contributions, annual leave loading, overtime, penalty rates, payment of accrued leave on termination and, if applicable, payment in lieu of notice and severance payments.


(f)         Dairy Farmers will remit Salary Sacrifice contributions to the nominated plan at the same time that Dairy Farmers superannuation contributions are made.


(g)        After having nominated the amount of Salary Sacrifice contributions to be made, the employee (except in cases of demonstrated hardship) may not change the amount more than once in any twelve (12) month period.


(h)        Unless there is written agreement between Dairy Farmers and the employee to the contrary, all Salary Sacrifice contributions shall cease during any period when the employee is receiving workers compensation payments and during any period of leave without pay including, without limitation, periods of unpaid sick leave.


(i)         Dairy Farmers may at any time in its absolute discretion cease to make Salary Sacrifice contributions on behalf of the employee and will advise the employee in writing accordingly.  Any dispute or claim arising from the exercise by Dairy Farmers of its discretion will be settled in accordance with the Settlement of Disputes clause in this Award.


(j)         The employee may at any time advise Dairy Farmers in writing to cease making the Salary Sacrifice contributions on behalf of the employee.


(ii)        Dairy Farmers recommends that an employee obtain independent legal and/or financial advice before they elect to make Salary Sacrifice contributions.


3.          This variation will take effect from the first full pay period commencing on or after 14 March 2005.











Printed by the authority of the Industrial Registrar.


* to download attachment
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'