Common use of Occupational Superannuation Clause in Contracts

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Aware Super (a division of Formerly First State Superannuation Scheme), Superannuation) or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto;; or‌ (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b16.2(a) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. In addition, contributions will be made in relation to any paid parental leave. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave loading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund, including for periods of paid parental/adoption leave. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave loading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. Where a new Employee does not choose a complying super fund within 28 days, the Employer will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee using the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992Xxx 0000, the Superannuation Guarantee Charge Act 1992Xxx 0000, the Superannuation Industry (Supervision) Act 1993 Xxx 0000 and the Superannuation (Resolution of Complaints) Act 1993Xxx 0000. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave loading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto;; or (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b16.2(a) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. In addition, contributions will be made in relation to any paid parental leave. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave loading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the a complying Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto(or successor); (b) Health Aware Super (a division of First State Superannuation Schemeor successor), ; or, (c) Any other complying fund upon a request from the Employee and with the consent of the EmployerEmployee. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employmentAn Employee will nominate one approved fund to which all statutory superannuation contributions shall be paid. 16.5 On commencement, the Employer shall provide each should an Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fail to nominate an approved fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded will make superannuation payments to the Employee’s ‘Stapled Fund’ (meaning the Superannuation Fund used in their last period of employment). Employees with no identified Super Fund and who do not nominate a Superannuation Fund within 28 days, will have their superannuation sent to one of the two nominated Funds above. 16.6 The Employer superannuation contributions will contribute to be paid at ordinary pay, which for the Fundpurpose of this Agreement, on behalf of each Employee, the percentage of includes ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly worked on behalf of each Employee regardless of the Employee’s age in any month.public holidays and public holiday loadings 16.7 For Employer superannuation contributions, ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments Employee wishes to make voluntary contributions to the Fund, the Employees shall Employee may authorise the Employer to deduct from the Employee’s wages an amount or percentage specified by the Employee. Voluntary contributions deducted under this provision will be notified in writing prior forwarded to the application being madeFund by the Employer at the same time as the Employer’s contributions. Upon request Where the Employer receives written authorisation from an Employee, it must commence making payments into the Employer must provide a copy Fund on behalf of the remittance receipt from Employee within fourteen days of receiving the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreementauthorisation. 16.9 Any dispute regarding superannuation contributions, including but not limited to An Employee may only vary the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreementadditional contributions once each month.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 17.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘17.2 The Fund" for the purpose of this Agreement shall mean: (ai) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987deed, as may be amended from time to time, and includes any superannuation scheme which may be made in succession theretothereto including; (bii) Health Super Industry Plan (a division of First State Superannuation SchemeHIP), or; (ciii) Any other complying Health Super; and (iv) any relevant Ramsay Health Care fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the relevant trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Funddeed. 16.4 17.3 Upon commencement of employment, the Employer shall provide each Employee worker with membership forms for each of the above funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's worker’s choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTAits default superannuation fund as agreed between Ra msay Health Care and the Health Services Union. The default fund shall be reviewed every 12 months. The review shall be aimed at establishing which superannuation fund utilised by hospitals/institutions operated by the Employer in NSW has the majority of members. Once the review has occurred, the fund with the most members within the hospitals/institutions operated by the Employer shall become the new default fund. 16.5 Each Employee 17.4 Existing Employees shall be eligible also be provided with information for the other two funds and allowed a period of 28 days to receive contributions from make a choice. In the date of eligibilityevent that a choice is not made within 28 days, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any monthpre-existing choice shall continue. 16.7 ‘Ordinary time earnings’ are currently defined by 17.5 An Employee may make additional contributions to the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary Fund from their salary and, in that event, on receiving written authorisation from the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the commence making contributions to Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this AgreementSuperannuation Guarantee Charge Act 1992. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 17.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992Xxx 0000, the Superannuation Guarantee Charge Act 1992Xxx 0000, the Superannuation Industry (Supervision) Act 1993 Xxx 0000 and the Superannuation (Resolution of Complaints) Act 1993Xxx 0000. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘17.2 The Fund" for the purpose of this Agreement shall mean: (ai) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987deed, as may be amended from time to time, and includes any superannuation scheme which may be made in succession theretothereto including; (bii) Health Super (a division of First State National Catholic Superannuation Scheme), orFund; and (ciii) Any other complying any relevant Calvary Health Care Riverina Ltd fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the relevant trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Funddeed. 16.4 17.3 Upon commencement of employment, the Employer shall provide each Employee worker with membership forms for each of the above funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's worker’s choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTAits default superannuation fund as agreed between Calvary Health Care Riverina Ltd and the Health Services Union. The default fund shall be reviewed every 12 months. The review shall be aimed at establishing which superannuation fund utilised by hospitals/institutions operated by the Employer in NSW has the majority of members. Once the review has occurred, the fund with the most members within the hospitals/institutions operated by the Employer shall become the new default fund. 16.5 Each Employee 17.4 Existing Employees shall be eligible also be provided with information for the other two funds and allowed a period of 28 days to receive contributions from make a choice. In the date of eligibilityevent that a choice is not made within 28 days, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any monthpre-existing choice shall continue. 16.7 ‘Ordinary time earnings’ are currently defined by 17.5 An Employee may make additional contributions to the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary Fund from their salary and, in that event, on receiving written authorisation from the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the commence making contributions to Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this AgreementSuperannuation Guarantee Charge Xxx 0000. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Aware Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, annual leave loading, qualification allowance and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

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Occupational Superannuation. 16.1 32.1 The subject of superannuation is dealt with extensively by legislation legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the partiesParties. 16.2 The 32.2 Employer superannuation contributions shall be maintained at a rate of 1% over and above the Government prescribed SGC for the life of this Agreement. 32.3 An Employee may make occupational superannuation additional contributions to the FundFund from their salary. Upon receiving written authorisation from the Employee, Epworth must commence making contributions to the Fund in accordance with the Superannuation Guarantee Charge Act 1992. 32.4 The The Fund’ for the purpose purposes of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto;’); or (b) Health Aware Super (a division of First State Superannuation Schemeor its successor), ; or (c) Any other The complying superannuation fund upon a request from nominated by the Employee pursuant to a completed superannuation standard choice form; or (d) the Employee’s ‘stapled’ superannuation fund; and with the consent of the Employer. 16.3 The Employer Epworth shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 32.5 Upon commencement of employment, the Employer Epworth shall provide each Employee with membership forms for each of the above funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for form to the Employee's choice of ’s chosen fund within 28 twenty-eight (28) days. . 32.6 In the event that the Employee has not completed an application form within 28 twenty-eight (28) days, and the Employer Employee does not have a stapled superannuation fund, Epworth shall forward contributions and Employee details and contributions to HESTA. 16.5 Each Employee shall be eligible to receive contributions from HESTA or its successor, as the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 default fund while it provides a Ordinary time earningsMySuper productare currently as defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall applyAct. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.PART 5 WORKING HOURS AND ALLOWANCES

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Aware Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. In addition, contributions will be made in relation to any paid parental leave. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave loading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contributioncontributions, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 17.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘17.2 The Fund" for the purpose of this Agreement shall mean: (ai) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987deed, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (bii) Health Super Industry Plan (a division of First State Superannuation SchemeHIP), orand (ciii) Any other complying fund upon a request from the Employee and with the consent of the Employer.Health Super 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 17.3 Upon commencement of employment, the Employer shall provide each Employee worker with membership forms for any of the above funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's worker’s choice of fund within 28 days. In the event that the Employee employee has not completed an application form within 28 days, the Employer shall forward contributions and Employee employee details to HESTAits default superannuation fund as agreed between Nova and the Health Services Union. The default fund shall be reviewed every 12 months. The review shall be aimed at establishing which superannuation fund utilised by hospitals/institutions operated by the Employer in NSW has the majority of members. Once the review has occurred, the fund with the most members within the hospitals/institutions operated by the Employer shall become the new default fund. 16.5 Each Employee 17.4 Existing employees shall be eligible provided with information for the other two funds and allowed a period of 28 days to receive make a choice. In the event that a choice is not made within 28 days, the employee’s pre-existing choice shall continue. 17.5 An employee may make additional contributions to the Fund from their salary and on receiving written authorisation from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, employee the Employer must provide a copy of the remittance receipt from the commence making contributions to Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this AgreementSuperannuation Guarantee Charge Act 1992. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 15.1. The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 15.2. The Employer shall make occupational superannuation contributions to the FundFund in accordance with the requirements of the legislation. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') 15.2.1 HESTA established and governed by a trust deed 23 July 1987deed, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), ; or (c) Any 15.2.2 any other complying superannuation fund upon provided the fund is an eligible choice fund and is a request from fund that offers a MySuper product, and the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 15.3. Upon commencement of employment, the Employer shall provide each Employee with membership forms a choice of fund form for their preferred fund and the funds listed in Clauses 16.2(a) and 16.2(b) above and Employee shall forward the completed membership forms for the Employee's ’s choice of fund to the Employer within 28 days. In the event that the Employee has had not completed an application form within 28 days, the Employer shall forward contributions and Employee details to HESTA. 16.5 Each Employee shall be eligible to receive 15.4. Superannuation contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at all ordinary time hours worked, regardless of the monthly earnings or age of the Employee (including all hours which are additional subject to contracted hoursFund compliance). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall 15.5. Superannuation contributions will be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made paid on the Employee’s behalf or make it available for inspection, save that ordinary time earnings as defined in the Employee shall Superannuation Guarantee (Administration) Act 1992 (Cth) and include any additional amounts consistent with the rules of the superannuation fund. 15.6. Superannuation fund payments will be entitled to take a copymade in accordance with trust fund deeds. 15.7. The Employer shall contribute must remit all compulsory Employer and voluntary Employee superannuation contributions payments monthly to the nominated or default superannuation fund as applicable. 15.8. Where an Employee salary packages their wages in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement, superannuation shall be paid on the pre-packaged wages. 16.9 15.9. Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure procedure at clause 14 of this Agreement. Voluntary Contributions 15.10. Where an Employee wishes to make voluntary contributions to the Fund, the Employee may authorise the Employer to deduct from the Employee’s wages an amount or percentage specified by the Employee. Voluntary contributions deducted under this provision will be forwarded to the Fund by the Employer at the same time as the Employer’s contributions. Where the Employer receives written authorisation from an Employee, it must commence making payments into the Fund on behalf of the Employee in accordance with legislation. 15.11. An Employee may vary his or her additional contributions by a written authorisation and the Employer must alter the additional contributions within fourteen days of receiving the authorisation. An Employee may only vary his or her additional contributions a maximum of twice in each year in February and August unless otherwise by mutual agreement between the Employee and Employer. Salary Sacrifice (Superannuation Only) 15.12. An Employee may make an agreement with the Employer for salary sacrifice. 15.12.1 The Employee must specify an amount or a percentage of ordinary time earnings by which his or her salary is to be reduced (the salary sacrifice). 15.12.2 The salary sacrifice will be deducted from the Employee’s salary and contributed by the Employer to the Fund each month. 15.12.3 The Employer will continue to calculate the contributions required by clause 13.2 above and the Superannuation Guarantee (Administration) Act 1992 (Cth) on the basis of the Employee’s ordinary time earnings before the salary sacrifice is deducted 15.12.4 Salary sacrifice deductions will be made during a period of paid leave and the Employee will receive the rate of pay specified under this agreement less the salary sacrifice deduction. 15.12.5 Calculation of salary for the purpose of leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions i.e. the pre-sacrifice rate. 15.12.6 The Employee may revoke the salary sacrifice agreement or alter the amount to be deducted on no more than two occasions in February and August of each calendar year from the commencement of this Agreement. 15.13. The name of the Fund and the amount of any contributions remitted to the fund, whether superannuation guarantee contributions, salary sacrifice contributions or voluntary contributions must be included in pay slips provided by the Employer to each Employee.

Appears in 1 contract

Samples: Enterprise Agreement

Occupational Superannuation. 16.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 16.2 The Employer shall make occupational superannuation contributions to the Fund. ‘The Fund’ for the purpose of this Agreement shall mean: (a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; (b) Health Super (a division of First State Superannuation Scheme), or (c) Any other complying fund upon a request from the Employee and with the consent of the Employer. 16.3 The Employer shall participate in accordance with the trust fund deeds. The Employer shall make application to the Fund to become a participating Employer in the Fund and shall become a participating Employer upon acceptance by the Trustee of the Fund. 16.4 Upon commencement of employment, the Employer shall provide each Employee with membership forms for the funds listed in Clauses 16.2(a) and 16.2(b) above and shall forward the completed membership forms for the Employee's choice of fund within 28 days. In the event that the Where a new Employee has does not completed an application form choose a complying super fund within 28 days, the Employer shall forward will contact the ATO to confirm if the Employee has a ‘stapled’ fund. If the Employee has a ‘stapled’ fund, the Employer will make contributions into that account. If the Employee does not have a ‘stapled fund’ and does not choose a complying super fund within 28 days of commencing employment, the Employer will create an account for the Employee details to HESTAusing the Employer’s default fund, HESTA (“Default Fund”). The Default Fund offers a MySuper Product. 16.5 Each Employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in Clause 16.4 was forwarded to the Fund. 16.6 The Employer will contribute to the Fund, on behalf of each Employee, the percentage of ordinary time earnings required by legislation, calculated to the nearest ten cents (any fraction below five cents shall be disregarded). Contributions will be made monthly on behalf of each Employee regardless of the Employee’s age in any month. 16.7 ‘Ordinary time earnings’ are currently defined by the legislation and includes allowances for ordinary hours of workwork (including annual leave leading on annual leave). Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes ‘ordinary hours’, Superannuation Guarantee Contributions will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of ‘ordinary time earnings’ may vary and, in that event, the legislative definition shall apply. 16.8 Where an Employer makes an application for an exemption from monthly payments to the Fund, the Employees shall be notified in writing prior to the application being made. Upon request from an Employee, the Employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the Employee’s behalf or make it available for inspection, save that the Employee shall be entitled to take a copy. The Employer shall contribute all superannuation contributions in accordance with the Trust Deed, save that late payment for reasons beyond the control of the Employer and non-allocation by the Fund shall not constitute a breach of this Agreement. 16.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution, shall be addressed under the Dispute Resolution Procedure of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

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