EMPLOYEE ENTITLEMENTS AND COMPLIANCE. 21.1 Superannuation, Severance, WorkCover, Co-INVEST and Insurances (a) On commencement, and in accordance with fund procedures, the Employer shall register the Employee/s with the relevant industry funds. These are C+Bus for superannuation (or other fund nominated pursuant to clause 22.1(a)), “Protect” for severance pay and income protection insurance, and Co-INVEST for long service entitlements. (b) It is a specific requirement that the Employer shall ensure that all payments to the abovementioned funds and schemes are up to date and made in full. (c) When an Employee or their representative raises a concern in respect of the Employee/s entitlements and/or the Employer’s compliance with payments and/or registration with the abovementioned funds or schemes, the Employer shall provide to the Employee, or their representative in compliance with the FWA, all relevant information to assist in resolving any concerns. (d) Failure to make payments to industry funds etc (i) If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed to comply with this clause 21.1(b), the following process will apply: (A) the person or their representative must notify the Employer in writing of the alleged non-compliance and what must be done to remedy it; (B) the persons involved and or their representatives, must consult in good faith in an effort to resolve the matter; (C) subject to clause 21.1(d)(ii) if after 5 working days following the notification to the Employer (or such longer period as may be agreed to permit consultation to occur), the person still has a genuine and reasonable belief that the Employer has failed to comply with clause 21.1(b), the Employer must pay the relevant person $100 per weekday during the period of non-compliance, in addition to rectifying the non-compliance. (ii) Clause 21.1(d)(i)(C) shall not apply where: (A) there is a genuine and reasonable disagreement about whether any amount is owing or outstanding and the Employer has provided to the Parties in writing why it considers it has complied; or (B) the Employer provides evidence that the non-compliance is due to matters beyond control of the Employer. (iii) Any disputes related to this clause shall be dealt with via the disputes procedure. The Partiesare committed to resolving any genuine and reasonable disagreement about whether any amount is owing or outstanding under clause 21.1(b) as quickly as practicable.
Appears in 23 contracts
Samples: Greenfields Agreement, Enterprise Agreement, Enterprise Agreement
EMPLOYEE ENTITLEMENTS AND COMPLIANCE. 21.1 16.1. Superannuation, Severance, WorkCover, Co-INVEST WorkCover and Insurances
(a) On commencement, and in accordance with fund procedures, the Employer shall register the EmployeeApprentice/s with the relevant industry funds. These are C+Bus C-Bus for superannuation (or other fund nominated pursuant to clause 22.1(a))superannuation, “Protect” for severance pay and income protection insurance, and Co-INVEST for long service entitlements.
(b) It is a specific requirement that the Employer shall ensure that all payments to the abovementioned funds and schemes are up to date and made in full.
(c) When an Employee Apprentice or their representative raises a concern in respect of the Employee/s Apprentice’s entitlements and/or the Employer’s compliance with payments and/or registration with the abovementioned funds or schemes, the Employer shall provide to the EmployeeApprentice, or their representative in compliance with the FWAFair Work Act, all relevant information to assist in resolving any concerns.
(d) Failure to make payments to industry funds etc
(i) If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed to comply with this clause 21.1(b16.1(b), the following process will apply:
(A) the person or their representative must notify the Employer in writing of the alleged non-non- compliance and what must be done to remedy it;
(B) the persons involved and or their representatives, must consult in good faith in an effort to resolve the matter;
(C) subject to clause 21.1(d)(ii16.1(d)(ii) if after 5 working days following the notification to the Employer (or such longer period as may be agreed to permit consultation to occur), the person still has a genuine and reasonable belief that the Employer has failed to comply with clause 21.1(b16.1(b), the Employer must pay the relevant person $100 per weekday during the period of non-compliance, in addition to rectifying the non-compliance.
(ii) Clause 21.1(d)(i)(C16.1(d)(i)(C) shall not apply where:
(A) there is a genuine and reasonable disagreement about whether any amount is owing or outstanding and the Employer has provided to the Parties Apprentice or the Apprentices representative in writing why it considers it has complied; or;
(B) the Employer provides evidence that the non-non- compliance is due to matters beyond the control of the Employer.
(iii) Any disputes related to this clause shall be dealt with via the disputes procedure. The Partiesare parties are committed to resolving any genuine and reasonable disagreement about whether any amount is owing or outstanding under clause 21.1(b16.1(b) as quickly as practicable.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement