REAL ESTATE INDUSTRY (STATE) SUPERANNUATION AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1232
of 2001)
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Before Commissioner Patterson
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18 June 2001
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REVIEWED AWARD
ARRANGEMENT
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1.
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Definitions
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2.
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Superannuation
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3.
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Fund Membership
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4.
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Refusal of Employee to Participate in a Fund
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5.
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Leave Reserved
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6.
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Area, Incidence and Duration
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1. DEFINITIONS
(a) Employee shall mean a weekly employee,
including apprentices/trainees, or part-time employee who is less than
sixty-five years of age employed under:
(i) The Real Estate Industry (State) Award
(ii) The Real Estate Industry (State) Training Wage Award.
Provided that the employee has
been so employed for a period of 4 calendar weeks.
(b) Employer
shall mean the employer of an employee as defined herein.
(c) Ordinary-time earnings shall mean:
(i) For employees employed under Part B of
the Real Estate Industry (State) Award, the salary and commission paid to such
an employee.
(ii) For employees employed under Part C of
the Real Estate Industry (State) Award the salesman's commission earned.
(iii) For apprentices/trainees, the appropriate award rate.
(d) Act means
the Occupational Superannuation Standards Act 1987.
(e) Regulation
means the Occupational Superannuation Standards Regulations.
(f) Approved
fund shall mean:
(i) Australian Superannuation Savings Employment Trust (ASSET);
or
(ii) Real Estate Institute of Australia Ltd. Superannuation Fund;
or
(iii) a fund to which the employer pays
occupations superannuation contributions on behalf of employees. This fund
shall comply with the Act and Regulations.
2. SUPERANNUATION
(i) Superannuation contributions of 3
percent of the ordinary time earnings of each employee shall be made by the
employer.
(ii) The employer shall pay the Trustees of
an approved fund in respect to each employee an amount equal to 3 per cent of
the employee's ordinary time earnings each week commencing from the first full
pay period on or after 1 February 1991 or subsequent date as an employee
becomes eligible.
(iii) Where an employee is absent on leave
without pay, whether or not such leave is approved, no contribution from the
employer shall be due in respect of that employee, in respect of the period of
unpaid absence, provided that such unpaid leave is of at least one day's
duration.
3. FUND MEMBERSHIP
The employer shall make, in writing, the employee aware of
his/her entitlements and offer the employee the opportunity to become a member
of an approved fund.
4. REFUSAL OF EMPLOYEE TO
PARTICIPATE IN A FUND
(i) On the refusal of an employee to join
an approved fund, the employer shall advise in writing the Secretary of the
Real Estate Association of New South Wales within 14 days.
(ii) Such refusal shall be in writing,
notwithstanding that the employee can at any time apply to have contributions
commence, upon becoming a member of the fund.
(iii) An employer shall not be liable to
contribute on behalf of an employee who refuses to sign an application as
required by the trust Deed of an approved fund.
5. LEAVE RESERVED
Leave is reserved to any party bound by this award to apply
in respect of any unforeseen circumstances not contemplated by the parties at
the time of making this award.
6. AREA, INCIDENCE AND
DURATION
(i) This award shall apply to all
employees defined herein in the State of New South Wales excluding the County
of Yancowinna.
(ii) This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and replaces the Real Estate Industry (State)
Superannuation Award published on 22 November 1991 (266 IG 198).
(iv) 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 Award made by the Industrial Relations Commission of New South
Wales on 18 December 1998 (308 IG 307) take effect on and from 18 June 2001.
(v) This award remains in force until varied
or rescinded for the period for which it was made already having expired.
R. J.
PATTERSON, Commissioner.
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Printed by the authority of the Industrial Registrar.