Private
Health and Charitable Sector Employees Superannuation (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 274 of 2012)
Before The Honourable
Mr Justice Staff
|
12 April 2012
|
REVIEWED
AWARD
1. Delete the
clause 2, Parent Awards of the award published 27 January 2012 (372 I.G. 668)
and insert in lieu thereof the following:
2. Parent Awards
This award shall be read in conjunction with the
following parent awards Charitable Sector, Aged and Disability Care Services
(State) Award; Charitable, Aged and Disability Care Services (State) Award;
Nursing Home Professional Employees (State) Award; Charitable Institutions
(Professional Paramedical Staff) (State) Award; or any replacements thereof.
2. Delete the
subclause (v) of clause 3, Definitions and insert in lieu thereof the
following:
(v) "Union"
shall mean HSUeast.
3. Delete
subclause (d) of clause 4,
Superannuation Contributions and insert in lieu thereof the
following:
(d) Said sum shall
not be in addition to any superannuation payment currently being made by the
employer in respect of the employee under the Wage Fixation principle as set down,
from time to time, by Fair Work Australia.
Provided that such existing payment is as a consequence of an industrial
award or agreement registered with Fair Work Australia or the Industrial
Relations Commission of New South Wales.
Provided also that if such existing payment is less
than that otherwise provided by this Award then the employer shall pay an
additional sum so that the payment is so equal. Provided also that the burden of proof in showing such existing
payment shall be on the employer.
4. Delete the
clause 7, Area, Incidence and Duration, and insert in lieu thereof the
following:
7. Area, Incidence
and Duration
(i) This award was
made following a review under s.19 of the Industrial Relations Act 1996.
(ii) This award
rescinds and replaces the Private Hospital and Nursing Homes Professional
Employees Superannuation (State) Award published 19 January 1990 (254 IG 297);
Private Health Industry Employees Superannuation (State) Award published 19
January 1990 (254 IG 291); and the Charitable Institutions (Professional
Employees) Superannuation (State) Award, published 14 June 1989 (252 IG 847).
(iii) This award
shall apply to employed under the Charitable Sector, Aged and Disability
Services (State) Award; Charitable, Aged and Disability Services (State) Award;
Nursing Homes Professional Employees (State) Award; Charitable Institutions
(Professional Paramedical Staff) (State) Award.
(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
Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310
I.G. 359) take effect on 12 April 2012.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.