DAIRY FARMERS TWU ENTERPRISE AWARD 2002
COMMISSION OF NEW SOUTH WALES
Application by Australian
Co-operative Foods Limited.
(No. IRC 1080 of 2005)
Before The Honourable
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:
clause 42, Anti Discrimination, to read as clause 43 and insert the following
new clause 42, Salary Sacrifice, as follows:
(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
(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.
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
(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
(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.
variation will take effect from the first full pay period commencing on or
after 14 March 2005.
the authority of the Industrial Registrar.