Wages Sacrifice Provisions. A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer funded superannuation. An election form must be completed and provided to the Employer's payroll department for this to occur. Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when: (a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime; (b) calculating allowances arising from clause 3.3 in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances; (c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances; (d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or (e) calculating an employee's minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution. If an employee has made an election in accordance with this clause the Employer shall provide the employee with Employer funded superannuation contributions in the amount elected in addition to any statutory contributions. Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. Despite this clause where any employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer at any time. Despite anything else in this clause, if an employee makes an election in accordance with this clause: (f) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer than those applicable at the commencement of the operation of this clause then the Employer may cease the wages sacrifice contributions but only after: (g) having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and (h) 14 days has elapsed following the issuing of the notice. (i) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave; (j) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or (k) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth). (l) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.
Appears in 3 contracts
Samples: Workplace Agreement, Workplace Agreement, Workplace Agreement
Wages Sacrifice Provisions. A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer funded superannuation. An election form must be completed and provided to the Employer's payroll department for this to occur. Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:
(a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;
(b) calculating allowances arising from clause 3.3 in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or
(e) calculating an employee's minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution. If an employee has made an election in accordance with this clause the Employer shall provide the employee with Employer funded superannuation contributions in the amount elected in addition to any statutory contributions. Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. Despite this clause where any employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer at any time. Despite anything else in this clause, if an employee makes an election in accordance with this clause:
(f) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer than those applicable at the commencement of the operation of this clause then the Employer may cease the wages sacrifice contributions but only after:
(g) having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and
(h) 14 days has elapsed following the issuing of the notice.
(i) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave;
(j) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or
(k) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).
(l) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.
Appears in 2 contracts
Samples: Workplace Agreement, Workplace Agreement
Wages Sacrifice Provisions. A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer funded superannuation. An election form must be completed and provided to the Employer's payroll department for this to occur. Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:
(a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;
(b) calculating allowances arising from clause 3.3 in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or
(e) calculating an employee's minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution. If an employee has made an election in accordance with this clause the Employer shall provide the employee with Employer funded superannuation contributions in the amount elected in addition to any statutory contributions. Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. Despite this clause where any employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer at any time. Despite anything else in this clause, if an employee makes an election in accordance with this clause:
(f) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer than those applicable at the commencement of the operation of this clause then the Employer may cease the wages sacrifice contributions but only after:
(g) having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and
(h) 14 days has elapsed following the issuing of the notice.
(i) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave;
(j) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or
(k) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).
(l) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.Standard.
Appears in 1 contract
Samples: Workplace Agreement
Wages Sacrifice Provisions. (a) A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer Company funded superannuation. An election form must be completed and provided to the EmployerCompany's payroll department for this to occur. .
(b) By engaging in this arrangement, the employee acknowledges and accepts that despite their election, the Company has made full payment for hours worked under this Agreement and has no rights to claim for any underpayment.
(c) Having made a wages sacrifice election in accordance with this clause clause, an employee shall will have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:
(ai) overtime is worked in which case the relevant pre pre-election weekly ordinary time rate of pay shall will apply for the purposes of calculating the payment for overtime;
(bii) calculating the allowances arising from specified in clause 3.3 3.5 in which case the relevant pre pre-election weekly ordinary time rate of pay shall will apply for the purposes of calculating the said allowances;
(ciii) calculating annual leave loading, in which case the relevant pre pre-election weekly ordinary time rate of pay shall will apply for the purposes of calculating the said allowancesloading;
(div) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre pre-election weekly ordinary time rate of pay shall will apply for the purposes of calculating the payment those payment upon termination; or
(ev) calculating an employeethe Company's minimum statutory superannuation contribution to avoid a charge under the Superannuation Guarantee contributionlegislation in respect of the employee, in which case the relevant pre pre-election weekly ordinary time rate of pay shall will apply for the purposes of calculating the said contribution. .
(d) If an employee has made an election in accordance with this clause clause, the Employer shall Company will provide the employee with Employer Company funded superannuation contributions in the amount elected in addition to any statutory contributions. .
(e) Having made an election in accordance with this clause clause, an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. .
(f) Despite this clause where any an employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer Company at any time. .
(g) Despite anything else in this clause, if an employee makes an election in accordance with this clause:
(fi) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer Company than those applicable at the commencement of the operation of this clause then the Employer Company may cease the wages sacrifice contributions but only after:
(g) a. having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and
(h) 14 days has elapsed following the issuing of the notice.
(i) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave;
(j) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or
(k) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).
(l) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.
Appears in 1 contract
Samples: Enterprise Agreement
Wages Sacrifice Provisions. A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer funded superannuation. An election form must be completed and provided to the Employer's payroll department for this to occur. Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:
(a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;
(b) calculating allowances arising from clause 3.3 2 in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; oror
(e) calculating an employee's minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution. If an employee has made an election in accordance with this clause the Employer shall provide the employee with Employer funded superannuation contributions in the amount elected in addition to any statutory contributions. Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. Despite this clause where any employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer at any time. Despite anything else in this clause, if an employee makes an election in accordance with this clause:
(fa) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer than those applicable at the commencement of the operation of this clause then the Employer may cease the wages sacrifice contributions but only after:
(gb) having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and
(hc) 14 days has elapsed following the issuing of the notice.
(id) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave;
(je) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or
(kf) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).
(lg) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.
Appears in 1 contract
Samples: Workplace Agreement
Wages Sacrifice Provisions. A permanent employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased Employer funded superannuation. An election form must be completed and provided to the Employer's payroll department for this to occur. Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:
(a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;
(b) calculating allowances arising from clause 3.3 in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;
(d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or
(e) calculating an employee's minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution. If an employee has made an election in accordance with this clause the Employer shall provide the employee with Employer funded superannuation contributions in the amount elected in addition to any statutory contributions. Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form to have prospective effect on and only on 1 November or 1 May each year. Despite this clause where any employee is, or would be likely to, suffer financial hardship if their wages sacrifice contributions continue then their election may be ceased or suspended by agreement with the Employer at any time. Despite anything else in this clause, if an employee makes an election in accordance with this clause:
(f) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon the Employer than those applicable at the commencement of the operation of this clause then the Employer may cease the wages sacrifice contributions but only after:
(g) having issued a notice upon the employee of their intention to cease the wages sacrifice for the employee, including details of the reasons for the cessation; and
(h) 14 days has elapsed following the issuing of the notice.
(i) the employee enters a period of leave without pay the employee's wages sacrifice election shall be suspended for the period of such leave;
(j) during any period when the employee is injured or incapacitated and in receipt of workers' compensation payments, the Employer will continue to provide the employee with Employer funded superannuation contributions in the amount elected while the employee is still employed by the Employer, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee's injury or incapacitation; or
(k) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age- based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).
(l) the employee must not make a salary sacrifice election of an amount that reduces the amount paid to the employee to an amount less than that specified by the Australian Fair pay and Conditions Standard.after:
Appears in 1 contract
Samples: Workplace Agreement