MISCELLANEOUS
WORKERS' SECURITY INDUSTRY (STATE) SUPERANNUATION AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1135 of 2001)
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Before Commissioner Patterson
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9 July 2001
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REVIEWED AWARD
1. Arrangement
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Clause No.
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Subject Matter
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1.
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Arrangement
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2.
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Definitions
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3.
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Fund
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4.
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Contributions
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5.
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Exemptions
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6.
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Leave Reserved
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7.
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Area, Incidence and Duration
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2. Definitions
(i) "ARF"
means The Australian Retirement Fund established by Trust Deed and Articles on
11 July 1986.
(ii) "Approved Fund" means a
superannuation scheme which is established in accordance with the Operational
Standards for Occupational Superannuation Schemes and has received preliminary
listing from the office of the Occupational Superannuation Commissioner -
Interim Group.
(iii) "Union"
means Australian Liquor Hospitality and Miscellaneous Workers Union, NSW Branch
(iv) "Eligible Employee" means a
full-time, part time, or casual employee who has completed one calendar month’s
service with an employer.
3. Fund
(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 ARF.
(ii) Each employer bound by this award shall
sign and execute and agreement to become a participating employer in ARF 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 ARF upon acceptance of the Trustees of ARF of an agreement to
become a participating employer duly signed and executed by each employer and
the Trustees of ARF.
(iv) An employee shall become eligible to join
ARF 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 ARF with a membership
application form for ARF upon commencement of service. Each employee shall be required to complete
such form the completed form shall be forwarded to the Administrator of ARF by
each employee on or before the last day of the calendar month subsequent to the
employee completes one months service.
4. Contributions
(i) Contributions
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 $14.00 per
week per employee.
(ii) Contributions will only be made in
respect of eligible employees as defined as provided that if a new employee was
a member of ARF 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.
(v) Contributions shall be made to the
Administrators of ARF 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 scheme.
(vi) Notwithstanding 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 ARF from the date when the
employee became eligible for membership.
5. Exemptions
(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:
CSR Ltd
John
Fairfax and Sons Ltd
Rothmans
of Pall Mall (Aust) Ltd
James
Hardie and Co Pty Limited
Ampol
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 or the Workplace Relations Act 1996 (Commonwealth) shall be exempted from
the provisions of this award.
(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 ARF 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 and
Duration
This award rescinds and replaces the Miscellaneous Workers’
Security Industry (State) Superannuation Award, published 22 March 1989 (251
I.G. 1228) 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 18th December
1998 (308 I.G. 307) take effect on 9 July 2001
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
R. J. PATTERSON,
Commissioner.
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Printed by the authority of the Industrial Registrar.