Common use of Failure to Make Payments to Industry Funds etc Clause in Contracts

Failure to Make Payments to Industry Funds etc. i. If a person covered by this Agreement has a genuine and reasonable belief that the Company has failed to comply with clause 3 the following process will apply: A. the person or their representative must notify the Company in writing of the alleged non compliance and what must be done to remedy it; B. the Parties must consult in good faith in an effort to resolve the matter; ii. 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 (a) The Company will make superannuation contributions to a fund of the Employee’s choice (provided that the fund offers a MySuper product). If the Employee does not choose a fund, then by default the Employee will remain (or become) a member of the Construction and Building Unions Superannuation Scheme (Cbus). (b) Company contributions to an Employee’s superannuation fund will be as per Appendix 1. (c) Employees may also make personal contributions to their selected fund by wage sacrifice from pre- tax earnings. (d) Where an Employee wishes to have their pay salary sacrificed for additional superannuation, the Company will comply with the Employee’s request, consistent with statutory requirements. All entitlements and benefits contained in this Agreement will be calculated on the pre-salary sacrifice pay rate. (e) When an Employee enters into an arrangement to have their pay salary sacrificed for additional superannuation, it will be the Employee’s responsibility to manage their obligations under applicable superannuation and taxation legislation in respect of those additional contributions. (f) In all cases, the Company contribution will meet minimum statutory requirements so as to avoid liability to pay the superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the Employee. Company contributions to an Employee’s superannuation fund will be (in accordance with the applicable superannuation legislation) as prescribed in Appendix 1 of this Agreement.