Common use of EMPLOYEE ENTITLEMENTS & COMPLIANCE Clause in Contracts

EMPLOYEE ENTITLEMENTS & COMPLIANCE. 22.1. Superannuation, Severance, WorkCover 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 or other Industry funds for 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 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 Fair Work Act, all relevant information to assist in resolving any concerns. a) If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed to comply with this Clause, the following process will apply: I. the employee or their representative must notify the Employer in writing of the alleged non-compliance and what must be done to remedy it; II. the parties must consult in good faith in an effort to resolve the matter; b) if after 14 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 this clause then the following will apply: c) In addition to rectifying any amount that is owing, the Employer will make a payment of $20.00 per week for each week an amount is owing in respect of each particular entitlement: I. Into the severance fund if an amount owing is to the severance fund; II. Into the severance fund, if an amount owing/not paid was in respect of income protection insurance; III. Into the relevant superannuation fund, if an amount owing is in respect of superannuation; and/or IV. Into the severance fund if an amount owing is to coinvest. d) If income protection insurance premiums are not paid and are not able to be back paid to the insurer, the Employer must also pay the equivalent amount of the premiums into the severance fund. For example, If the Employer has failed to pay income protection and superannuation and has failed to rectify it for 5 weeks, in addition to rectifying the amounts owed, the Employer will have to pay $100 (plus the amount of income protection insurance premiums not paid) into the severance fund for the income protection insurance not paid and $100 into the superannuation fund. e) This shall not apply where: I. 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 II. the Employer provides evidence that the non-compliance is due to matters beyond control of the Employer. f) Any disputes related to this clause shall be dealt with via the disputes procedure. The parties are committed to resolving any genuine and reasonable disagreement about whether any amount is owing or outstanding as quickly as practicable.

Appears in 6 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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EMPLOYEE ENTITLEMENTS & COMPLIANCE. 22.1. Superannuation, Severance, WorkCover Workcover and Insurances a) On commencement, Insurances Immediately on commencement and in accordance with fund proceduresprior to commencing physical work, the Employer company shall register the employee/s with the relevant industry funds. These are shall include • CONNECT, UTC Retirement Plan or C+Bus or other Industry funds for superannuation, “Protect” • PROTECT or OFRS for severance pay and • PROTECT income protection insurance and (except where employees of XXXX / Kone / Xxxxxxxx Xxxx who are entitled to the Extended Sick Leave Plan ) • Co-INVEST Invest for long service entitlements. bentitlements (Construction only) The company shall also provide certificates of currency to the ETU / AMWU Official or Shop Xxxxxxx for the above funds. In addition, the company must also prove that the company has current public liability insurance and is registered with Workcover for all employees. The company on request from an authorised ETU / AMWU Official or Shop Xxxxxxx, shall demonstrate compliance with up to date payments and company/employee registration with the above-mentioned funds and schemes. It is a specific requirement of this Agreement that the Employer company shall ensure that all payments to the abovementioned above mentioned funds and schemes are up to date and made in full. c) date. All contributions will be paid monthly. When an employee or their representative representative, raises a concern in respect of the employee/s entitlements and/or and the Employercompany’s compliance with payments and/or and/ or registration with the abovementioned above mentioned funds or schemes, the Employer company shall provide to the employee, or their /s and/or the ETU / AMWU representative in compliance with the Fair Work Act, all relevant information to assist in resolving any concerns. a) . It is agreed as a specific term of this Agreement, that all employees consent to a duly appointed ETU / AMWU Official or Shop Xxxxxxx as having the authority to act on their behalf in respect to investigating any matter in respect to compliance with industry funds and schemes as mentioned above. If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed company fails to comply with this Clauseclause or can not demonstrate compliance to the employee/s or their representatives, the following process will apply: I. work shall cease without disadvantage to the employee or their representative must notify until such time the Employer in writing compliance of the alleged non-compliance and what must be done to remedy it; IIfunds have been confirmed. the parties must consult in good faith in an effort to resolve the matter; b) if after 14 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 this clause then the following will apply: c) In addition to rectifying any amount that is owing, the Employer will make a payment of $20.00 per week for each week an amount is owing in respect of each particular entitlement: I. Into the severance fund if an amount owing is to the severance fund; II. Into the severance fund, if an amount owing/not paid was in respect of income protection insurance; III. Into the relevant superannuation fund, if an amount owing is in respect of superannuation; and/or IV. Into the severance fund if an amount owing is to coinvest. d) If income protection insurance premiums are not paid and are not able to be back paid to the insurer, the Employer must also pay the equivalent amount of the premiums into the severance fund. For example, If the Employer has failed to pay income protection and superannuation and has failed to rectify it for 5 weeks, in addition to rectifying the amounts owed, the Employer will have to pay $100 (plus the amount of income protection insurance premiums not paid) into the severance fund for the income protection insurance not paid and $100 into the superannuation fund. e) This The above shall not apply where: I. there is a genuine and reasonable disagreement about whether any amount is owing or outstanding and where the Employer has provided to the parties in writing why it considers it has complied; or II. the Employer provides evidence company can prove that the non-compliance is due to matters beyond any control of the Employercompany. f) Any disputes related to this clause shall be dealt with via the disputes procedure. The parties are committed to resolving any genuine and reasonable disagreement about whether any amount is owing or outstanding as quickly as practicable.

Appears in 1 contract

Samples: Etu/Amwu/Deve Lifts Australia Construction & Service Employees 2003 Certified Agreement

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