Common use of Superannuation legislation Clause in Contracts

Superannuation legislation. (a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of the Employer and Employees. Under superannuation legislation individual Employees generally have the opportunity to choose their own superannuation fund. If an Employee does not choose a superannuation fund, any superannuation fund nominated in the Agreement covering the Employee applies. (b) The rights and obligations in these clauses supplement those in superannuation legislation. (a) The Employer must make such superannuation contributions to a superannuation fund for the benefit of an Employee as will avoid the Employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employee. (b) For the avoidance of doubt, superannuation contributions are made on the Employee’s pre-packing gross salary including during periods of paid Parental leave. Voluntary Employee contributions (a) Subject to the governing rules of the relevant superannuation fund, an Employee may, in writing, authorise their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 18.2. (b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of three months’ written notice to their Employer. (c) The Employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made. Unless, to comply with superannuation legislation, the Employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the Employee, subject to notification of a Stapled super fund by the Australian Tax Office, the Employer will make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to the Default superannuation fund or its successor: Part 5 - Hours of Work and Related Matters‌

Superannuation legislation. (a) 35.1.1 The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals deal with the superannuation rights and obligations of employers and employees. The rights and obligations in clause 18 supplement those in superannuation legislation and the Employer and EmployeesNES . NOTE: Under superannuation legislation individual Employees legislation: (a) Individual employees generally have the opportunity to choose their own superannuation fund. . (b) If an Employee a new employee does not choose a superannuation fund, any the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund. (c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the Agreement award covering the Employee appliesemployee, provided the fund is able to accept contributions for the benefit of the employee. (bd) The rights A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and obligations in these clauses supplement those in superannuation legislationthe MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years. (a) The 35.1.2 Employer contributions An employer must make such superannuation contributions to a superannuation fund for the benefit of an Employee employee as will avoid the Employer employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employeeemployee. (b) For the avoidance of doubt, superannuation contributions are made on the Employee’s pre-packing gross salary including during periods of paid Parental leave. 35.1.3 Voluntary Employee employee contributions (a) Subject to the governing rules of the relevant superannuation fund, an Employee employee may, in writing, authorise their Employer employer to pay on behalf of the Employee employee a specified amount from the post-taxation wages of the Employee employee into the same superannuation fund as the Employer employer makes the superannuation contributions provided for in clause 18.235.1.2. (b) An Employee employee may adjust the amount the Employee employee has authorised their Employer employer to pay from the wages of the Employee employee from the first of the month following the giving of three months’ written notice to their Employeremployer. (c) The Employer employer must pay the amount authorised under clauses 18.3(a) or (b18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a35.1.3(a) or (b35.1.3(b) was made. Unless, to comply with superannuation legislation, the Employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the Employee, subject to notification of a Stapled super fund by the Australian Tax Office, the Employer will make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to the Default superannuation fund or its successor: Part 5 - Hours of Work and Related Matters‌. 35.1.4 Absence from work

Superannuation legislation. (a) Superannuation legislation, The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth)Xxx 0000, the Superannuation Guarantee Charge Act 1992 (Cth)Xxx 0000, the Superannuation Industry (Supervision) Act 1993 (Cth) Xxx 0000 and the Superannuation (Resolution of Complaints) Act 1993 (Cth)Xxx 0000. This legislation, deals with as varied from time to time, governs the superannuation rights and obligations of the Employer parties. UA shall offer employees a choice of superannuation funds. “Choice of fund” for the purpose of this agreement shall mean the choice of Health Employees Superannuation Trust Australia; OR First State Pty Ltd; OR NGS Pty Ltd Retail Employees Superannuation Trust (REST) Hostplus Superannuation Fund Australian Superannuation Pty Ltd Care Superannuation "The Fund" for the purpose of this Agreement shall mean: Health Employees Superannuation Trust Australia (HESTA) established and Employees. Under superannuation legislation individual Employees generally have the opportunity governed by a trust deed dated 23 July 1987, as may be amended from time to choose their own superannuation fund. If an Employee does not choose a superannuation fundtime, and includes any superannuation fund nominated scheme which may be made in succession thereto; and/or First State Pty Ltd (First State) established and governed by a trust deed, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; and/or NGS Super Pty Ltd (NGS Super) established and governed by a trust deed, as such may be amended from time to time, and includes any superannuation scheme which may made in succession thereto: and/or REST Superannuation Trust established and governed by a trust deed, as such may be amended from time to time, and includes any superannuation scheme which may made in succession thereto: and/or Hostplus Superannuation Trust established and governed by a trust deed, as such may be amended from time to time, and includes any superannuation scheme which may made in succession thereto: and/or Australian Superannuation Pty Ltd established and governed by a trust deed, as such may be amended from time to time, and includes any superannuation scheme which may made in succession thereto: and/or Care Superannuation established and governed by a trust deed, as such may be amended from time to time, and includes any superannuation scheme which may made in succession thereto An employee may make additional contributions to the Agreement covering Fund from their salary and on receiving written authorisation from the Employee applies. (b) The rights and obligations in these clauses supplement those in superannuation legislation. (a) The employee the Employer must make such superannuation commence making contributions to a superannuation fund for the benefit appropriate Fund in accordance with the Superannuation Guarantee Charge Xxx 0000. UA will pay to the funds specified in clause 16.3 on behalf of an Employee as will avoid eligible employees the Employer being minimum contributions which it is required to pay from time to time in accordance with the superannuation guarantee charge under superannuation legislation with respect to that EmployeeSuperannuation Xxxxxxxxx Xxx 0000 and all other government requirements. (b) For the avoidance of doubt, superannuation contributions are made on the Employee’s pre-packing gross salary including during periods of paid Parental leave. Voluntary Employee contributions (a) Subject to the governing rules of the relevant superannuation fund, an Employee may, in writing, authorise their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 18.2. (b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of three months’ written notice to their Employer. (c) The Employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made. Unless, to comply with superannuation legislation, the Employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the Employee, subject to notification of a Stapled super fund by the Australian Tax Office, the Employer will make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to the Default superannuation fund or its successor: Part 5 - Hours of Work and Related Matters‌

Superannuation legislation. (a) The subject of superannuation is dealt with extensively by federal legislation which prescribes the obligations and entitlements regarding superannuation. This clause 35 is ancillary to and supplements those provisions. (b) EACH will make superannuation contributions on behalf of an Employee to any of the following superannuation Funds nominated by an Employee: (i) HESTA; (ii) Aware Super; (iii) any other Industry Superannuation legislationFund. Industry Superannuation Fund means a complying superannuation fund, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), as defined in the Superannuation Industry (Supervision) Act 1993 (Cth), that: (A) has twenty or more participating Employers; (B) excluding any independent directors, provides for half of the trustee board to be comprised of Employee representatives and/or nominated by one or more trade unions and half of the trustee board to be comprised of representatives of participating Employers; and (C) operates on a “not for profit” basis; or (iv) where relevant superannuation legislation requires choice of (c) Upon commencement of employment, EACH will provide the membership forms for the funds at sub-clauses 35.1(b)(i) and (ii) and where completed will forward the Superannuation completed membership forms to the Employee’s choice of fund within 28 days of receipt. (Resolution of Complaintsd) Act 1993 (Cth), deals with If the superannuation rights and obligations of the Employer and Employees. Under superannuation legislation individual Employees generally have the opportunity to choose their own superannuation fund. If an Employee does not choose nominate a fund, EACH will pay the Employee's superannuation contributions to Aware Super while it provides a “MySuper” product as defined by the Act, or where required by superannuation legislation to the Employee’s stapled superannuation fund. (e) Subject to the terms of the relevant trust deed of the superannuation fund, any an Employee may make additional contributions to their chosen superannuation fund nominated in and upon receiving written authorisation from the Agreement covering Employee, EACH will deduct such contributions from an Employee's salary and will forward such contributions to the Employee applieschosen fund. (bf) The rights and obligations in these clauses supplement those in superannuation legislation. An Employee may sacrifice part of their salary as an Employer contribution to superannuation. Where this occurs, the Superannuation Guarantee Charge (aSGC) The Employer must make such superannuation contributions to a superannuation fund for the benefit of an Employee as contribution by EACH will avoid the Employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employee. (b) For the avoidance of doubt, superannuation contributions are made be calculated on the Employee’s pre-packing gross salary including during periods sacrifice rate of paid Parental leave. Voluntary Employee contributionspay. (ag) Subject Where pursuant to the governing rules clause 36 of the relevant superannuation fundthis Agreement, an Employee may, in writing, authorise packages part of their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 18.2. (b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of three months’ written notice to their Employer. (c) The Employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made. Unless, to comply with superannuation legislationsalary, the Employer is required to make Employee’s SGC contribution will be calculated on the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the Employee, subject to notification pre- packaged rate of a Stapled super fund by the Australian Tax Office, the Employer will make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to the Default superannuation fund or its successor: Part 5 - Hours of Work and Related Matters‌pay.