Workers' Security Industry (State) Superannuation Award
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1721 of 2007)
30 April 2008
Clause No. Subject Matter
Incidence and Duration
means" AustralianSuper Pty Ltd (ABN 94 006 457 987).
Fund" means a superannuation scheme which is established in accordance
with the Superannuation Guarantee legislation.
means Liquor Hospitality and Miscellaneous Union - NSW Branch.
Employee" means a full-time, part time, or casual employee who has
completed one calendar month’s service with an employer.
(i) For the
purposes of this award contributions shall be made by employer’s accordance
with the provisions of clause 4, Contributions, and shall be paid to the
Administrator of Australiansuper.
(ii) Each employer
bound by this award shall sign and execute an agreement to become a
participating employer in Australiansuper on the first day of the calendar
month following the commencement of employment of an eligible employee.
(iii) Each employer
bound by this award shall become party to Australiansuper upon acceptance of
the Trustees of Australiansuper of an agreement to become a participating
employer duly signed and executed by each employer and the Trustees of
(iv) An employee
shall become eligible to join Australiansuper on the first day of the calendar
month following the commencement of employment.
(v) Each employer
bound by this award shall provide every employee who is already a member of
Australiansuper with a membership application form for Australiansuper upon
commencement of service. Each employee
shall be required to complete such form the completed form shall be forwarded
to the Administrator of Australiansuper by each employee on or before the last
day of the calendar month subsequent to the employee completes one months
shall be paid by employers on the following bases:
(a) For full-time
employees (that is, weekly employees as defined in the Security Industry
(State) Award), a payment of $14.00 per week for a complete week employed.
(b) For casual
employees (as defined in the Security Industry (State) Award), payment of 37 cents
per hour with a minimum payment of $2.80 per week for each week in which one or
more shift is worked. Provided that the
maximum amount payable by an employer shall be paid $14.00 per week per
will only be made in respect of eligible employees as defined as provided that
if a new employee was a member of Australiansuper at his or her prior place of
employment no eligibility requirement shall apply.
(iii) A pro rata
deduction shall be made from the weekly contribution payable for unauthorised
absence of at least one day’s duration.
(iv) An employer
shall not be required to make contributions during any periods of unpaid leave
such as unpaid sick leave, maternity leave or the like, or periods of workers
compensation beyond the expiry of any entailments to workers’ compensation
make-up pay. Further, an employer shall
not be required to make additional contributions in respect of annual leave
paid out on termination.
shall be made to the Administrators of Australiansuper on or before the last
day of the calendar month subsequent to each calendar month an employee is a
member of the scheme for each such calendar month an employee is a member of
the date upon which an employee signs an application form, contributions in
accordance with subclause (i) of this clause shall be made by an employer to
Australiansuper from the date when the employee became eligible for membership.
(i) Employers of
employees who are contributors or eligible to become contributors to the
following superannuation funds or any scheme/s replacing such funds shall be
exempt from the provisions of this award:
State Superannuation Fund
State Public Service Superannuation Scheme
Public Authorities Superannuation Scheme
(ii) The following
employers shall be exempted from the provisions of this award:
John Fairfax & Sons Ltd
Rothmans of Pall Mall (Aust) Ltd
James Hardie & Co Pty Limited
Australian Lubricating Oil Refinery Limited
BP Australia Limited
Caltex Oil (Australia) Pty Ltd
Caltex Refining Co Pty Limited
Castrol Australia Limited
Esso Australia Limited
Exxon Chemical Australia Ltd
Inghams Enterprise Pty Limited
Mobil Oil Australia Limited
The Shell Company of Australia Limited
Shell Refining (Australia) Pty Ltd
(iii) Employers of
employees who are covered by superannuation award or agreement made pursuant to
the Industrial Relations Act 1996 (NSW) or the Workplace Relations
Act 1996 (Commonwealth) shall be exempted from the provisions of this
(iv) The employers
set out hereunder who, by agreement with the Union, provide superannuation
under an approved company fund to employees who elect not to join
Australiansuper shall be exempted from the provisions of clause 3, Fund.
Chubb Australia Limited.
(v) Members of The
Australian Retailers' Association, the Australian Industry Group, Australian
Business Industrial, The Printing and Allied Trades Employers’ Association of
New South Wales and Employers’ First, employing persons pursuant to the
Security Industry (State) Award who are not engaged in the contract security
industry shall be exempted from the provisions of this award.
6. Leave Reserved
(i) Leave is
reserved to the Union or to any employer to apply as they may be advised to add
to the list of exemptions contained in subclause (ii) of clause 5.,Exemptions,
any other company where that company already provides their employees with
occupational superannuation in an approved fund.
(ii) Leave is
reserved to the Union to apply as it may be advised to delete subclause (v) of
the said clause 5 in accordance with the Principles of Wage Fixation, as
determined from time to time.
7. Area, Incidence
This award rescinds and replaces the Miscellaneous Workers’
Security Industry (State) Superannuation Award, published 7 December 2001 (330
I.G. 86), and all variations thereof.
It shall apply to all employees in the State, excluding the
Country of Yancowinna, covered by the Security Industry (State) Award or any
award rescinding, replacing or succeeding that award within the jurisdiction of
the Security and Cleaning, &c. (State) Industrial Committee.
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 New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 30 April 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
the authority of the Industrial Registrar.