NURSES (PRIVATE SECTOR)
SUPERANNUATION (STATE) AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act 1996,
and under Rule 6.6 of the Industrial Relations Commission Rules 2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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C2686
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2/07/2004
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On and from 08/07/1997
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345
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171
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1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Superannuation
Legislation
5. Contributions
6. Salary
Sacrifice to Superannuation
7. Exemptions
8. Grievance
Procedure
9. Area,
Incidence and Duration
2. Title
This award shall be known as the Nurses’ Private Sector
Superannuation (State) Award.
3. Definitions
(i) "Approved
fund" means:
(a) the Health
Employees’ Superannuation Trust Australia (H.E.S.T.A.);
(b) the Health
Industry Plan (HIP);
(c) the National
Healthcare Superannuation Fund (N.H.S.F.);
(d) the Medprac
Superannuation Scheme (Medprac);
(e) the Australian
Superannuation Savings Employment Trust (A.S.S.E.T.);
(f) any superannuation
fund as agreed between the Association and employer(s), provided that the fund
is a complying regulated fund and holds a Certificate of Compliance issued by
the Australian Prudential Regulation Authority. Provided further that the Association shall not unreasonably
withhold agreement unless it establishes good and proper reasons;
(g) any
superannuation fund operating within a place of employment prior to the
operative date of this award provided that the fund is a complying regulated
fund, holds a Certificate of Compliance issued by the Australian Prudential
Regulation Authority, and the Association agrees to the continued approval of
that fund. Provided that the
Association shall not unreasonably withhold agreement unless it establishes good
and proper reasons;
(h) any
superannuation fund nominated by the employee and approved by the employer in
accordance with section 124 of the Industrial Relations Act (NSW) 1996
("the 1996 Act").
(ii) "Complying
regulated fund" means a superannuation fund that is regulated under the Superannuation
Industry (Supervision) Act 1993 and has been issued with a Certificate of
Compliance by the Australian Prudential Regulation Authority.
(iii) "Ordinary
time earnings" means remuneration for an employee’s weekly number of hours
of work, excluding overtime hours, calculated at the ordinary-time rate of pay,
including the following:
(a) Monday to Friday
shift premiums for ordinary hours of work;
(b) Weekend shift
premiums for ordinary hours of work;
(c) Public holiday
loadings;
(d) any percentage
addition payable to casual employees for ordinary hours of work;
(e) ordinary time
award allowances (not including expense-related allowances);
(f) over-award
payments for ordinary hours of work.
(iv) "Association"
mean the New South Wales Nurses’ Association.
(v) "Qualified
employee" means:
(i) A full-time or
part-time employee who has completed at least four weeks' service in the
industry of nursing. Provided that once
this period has elapsed, payments in accordance with clause 5 shall be made for
the entire period of service with the employer;
(ii) A casual
employee who has earned in excess of $2000.00 ordinary-time earnings during
their employment with an employer in the course of any one year (1 July to 30
June). Provided further that any casual
employee who is deemed to be a qualified employee prior to the operative date
of this award will continue to be qualified.
4. Superannuation
Legislation
The subject of superannuation is dealt with extensively by
federal legislation, including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation (Resolution of
Complaints) Act 1993, and section 124 of the Industrial Relations Act
1996 (NSW). This legislation, as varied
from time to time, shall govern the superannuation rights and obligations of
the parties.
5. Contributions
(i) The employer
shall make, in respect of qualified employees, superannuation contributions of
3% of ordinary-time earnings into an approved fund. Such contributions shall be remitted to the approved fund on a
monthly basis. With respect to casual
employees, contributions shall be remitted at the time that employees receive
their annual group certificate.
(ii) It is provided
further that an employee may nominate one complying fund to which all award and
statutory superannuation contributions in respect of him/her shall be paid,
subject to employer approval of the fund nominated by the employee. Provided that the employer shall not
unreasonably withhold agreement unless it establishes good and proper reasons
for the withholding of agreement.
(iii) Where no such
nomination is made before any such contributions become payable, the
contribution referred to in subclause (i) of this clause will be paid to the
approved fund for that place of employment.
6. Salary Sacrifice
to Superannuation
(i) Salary
Sacrifice to Superannuation means the option of making additional
superannuation contributions by electing to sacrifice a portion of the gross
earnings (pre tax dollars) under the parent awards. This will give the effect of reducing the taxable income by the
amount for salary sacrifice.
(ii) Salary
sacrifice to superannuation shall be offered to employees by mutual agreement
between the employee and employer.
(iii) Such election
must be made prior to the commencement of the period of service to which the
earnings relate.
(iv) One change of a
sacrificed amount will be permitted in an employee’s anniversary year, which is
12 months from the date of commencement of employment, without incurring an
administration charge ($50.00).
Changing from full-time to part-time or part-time to full-time employment
will not be classified as a change for administration charge purposes.
(v) The amount
sacrificed must not exceed any relevant superannuation guarantee contribution
limit.
(vi) The sacrificed portion
of salary reduces the salary subject to PAYG taxation deductions.
(vii) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, other than any
payments for leave taken whilst employed, shall be calculated by reference to
the salary which would have applied to the employee in the absence of any
salary sacrifice to superannuation.
Payment for leave taken whilst employed will be at the post-salary
sacrificed amount.
(viii) Salary
sacrifice arrangements can be cancelled by either the employer or employee at
any time provided either party gives one month's notice. The employer has the right to withdraw from
offering salary sacrifice to employees without notice if there is any
alteration to relevant Australian Taxation legislation.
(ix) Contributions
payable by the employer in relation to the Superannuation Guarantee Legislation
shall be calculated by reference to the salary which would have applied to the
employee under the parent award in the absence of any salary sacrifice.
(x) Employers will
not use any amount that is salary sacrificed by an employee to negate
contributions payable under the Superannuation Guarantee Legislation.
(xi) The employee
shall have the portion of payable salary that is sacrificed paid as additional
employer superannuation contributions into the same superannuation fund that
receives the employer’s SGC contributions.
(xii) Nothing in this
clause shall affect the right of an employer to maintain alternate arrangements
with respect to salary sacrifice for employees.
7. Exemptions
This award shall not apply to employers who are subject to
any of the following:
(i) Private
Hospital and Nursing Home Nurses’ Superannuation (State) Award published 23
January 1998 (303 I.G. 214);
(ii) State
Authorities Non-Contributory Superannuation Act 1987;
(iii) employers of
occupational health nurses working in the retail industry or in the metal
trades industry, provided that the parties to this award may seek the question
of the constitution of this exemption be relisted for consideration by the
Industrial Relations Commission on reasonable notice.
8. Grievance
Procedure
Grievances and disputes shall be dealt with in the following
manner:
(i) The employee is
to notify (in writing or otherwise) the employer as to the substance of the
grievance, requesting a meeting with the employer for discussions and state the
remedy sought. This meeting shall take
place within two working days of the issue arising (weekends and public
holidays excepted).
(ii) If agreement
is not reached, the matter shall then be referred by either party to a higher
authority (where this exists) no later than three working days after subclause
(i) above (weekends and public holidays excepted). At the conclusion of the discussion, the employer must provide a
response to the employee’s grievance if the matter has not been resolved,
including reasons (in writing or otherwise) for not implementing the proposed
remedy.
(iii) If the matter
is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission of New South Wales.
(iv) The employer
may be represented by an industrial organisation of employers and the
employee/s may be represented by an organisation of employees for the purposes
of each step of the procedure.
9. Area, Incidence
and Duration
(i) Subject to
clause 7, Exemptions, this award shall apply to all persons employed as nurses
or in accordance with the profession of nursing in the State of New South Wales
excluding the County of Yancawinna.
(ii) It shall take
effect on and from 8th July 1997 and remain in force for a period of 12 months.
(iii) It shall take
effect in respect of paragraph (c) of subclause (iii) of clause 3, Definitions,
on 1 July 2000.
(iv) Clause 6,
Salary Sacrifice to Superannuation, shall take effect on the first pay period
on or after 13 August 2001.
(v) 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 Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 12 December 2003.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
____________________
Printed by
the authority of the Industrial Registrar.