Ngala Superannuation Award
1. - TITLE
This Award shall be known as the "Ngala Superannuation" Award, 1989.
2. - ARRANGEMENT
1.Title
2.Arrangement
3.Area and Scope - Parties Bound
4.Term
4A.Superannuation Compliance, Nomination and Transition
5.The Superannuation Fund
6.Employer Contributions
7.Employee Contributions
8.Review of Contributions
9.Qualifying Period
10.Employee Entry Into Fund
Appendix - Resolution of Disputes Requirement
Schedule of Respondents
3. - AREA AND SCOPE - PARTIES BOUND
(1)This Award shall only apply to Ngala Inc and to the unions listed in the Schedule of Respondents and to all full-time, permanent part-time and casual employees of Ngala Inc employed under the following Awards -
(a)Hospital Workers (Ngal-A) Award No. 6A of 1958
(b)Nurses (Mothercraft Home and Training Centre) Award No. 15 of 1965
(c)Child Care Centres (Pre-School Teachers) Award No. A 3 of 1983
(d)Child Care Centres (Aides) Award No. A 2 of 1982
(e)Ngala Mothercraft and Training Centre (Salaried Officers') Agreement 1975
(f)Child Care Centres (Subsidised Centres) Award No. A 26 of 1985
or any award or order made in succession thereto.
(2)Notwithstanding any provisions to the contrary contained in the Awards named in subclause (1) herein, the provisions of this Award shall prevail and be binding upon the parties.
4. - TERM
This Award shall remain in force for a period of three years from 1 January 1989.
4A. - SUPERANNUATION COMPLIANCE, NOMINATION AND TRANSITION
Notwithstanding clauses 5 - Superannuation Fund, 6 - Employer Contributions, 7 - Employee Contributions, 9 - Qualifying Period, and 10 - Employee Entry into Fund, of this award which require that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -
(a)Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this award unless -
(i)the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii)under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;
(b)The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;
(c)The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d)A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;
(e)The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f)The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;
Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -
(g)if this award specifies one or more complying superannuation funds or schemes to which contributions may be made, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(h)if this award does not specify a complying superannuation fund or scheme to which contributions may be made, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
5. - THE SUPERANNUATION FUND
(1)Ngala Inc shall in addition to the ordinary time earnings paid to an employee make contributions on behalf of each employee to the AMP "Superleader" Fund ("the Fund") as hereinafter provided for the benefit of the employee's superannuation.
(2)For the purposes of this Award ordinary time earnings shall include base rate, overaward payments, shift and weekend penalties, appropriate leading hand allowances and supplementary payments.
6. - EMPLOYER CONTRIBUTIONS
(1)From 1 January 1989 Ngala Inc shall make contributions to the Fund -
Hours worked each week / $ / %(a) 10 or more but less than 30 / 6.00 / 50
(b) 30 or more / 12.00 / 100
(2)From 1 January 1991 in lieu of the contributions mentioned in subclause (1) of this clause Ngala Inc shall make contributions of 3% of ordinary time earnings to the Fund provided that such contribution shall be no less than -
Hours worked each week / $(a) 10 or more but less than 30 / 5.00
(b) 30 or more / 10.00
(3)A pro rata deduction shall be made from the weekly contribution made for any unauthorised absences of at least one day.
(4)Ngala Inc shall not be required to:
(i)contribute during any periods of unpaid leave;
(ii)make additional contributions in respect of annual leave paid out on termination.
(5)Contributions shall be made for each calendar month an employee is a member of the Fund. Including periods during which the employee is in receipt of payments under the Workers' Compensation and Assistance Act 1981.
(6)For the purpose of determining the contribution to be made in accordance with subclauses (1) and (2) of this clause the "hours worked each week" shall be the average of hours worked in the pay period or in a fortnightly period in those places where a weekly pay period is used.
7. - EMPLOYEE CONTRIBUTIONS
(1)Employees who may wish to make contributions to the Fund additional to those being paid by the Ngala Inc pursuant to subclause 6(1) or 6(2) shall be entitled to authorise Ngala Inc to pay into the Fund from the employee's wages amounts specified by the employee.
(2)Employee contributions to the Fund requested under this clause shall be made in accordance with the rules of the Fund.
8. - REVIEW OF CONTRIBUTIONS
(1)The rates of employer contributions prescribed by Clause 6. - Employer Contributions of this Award shall be increased in line with general wage movements where such movements would result in an increase of not less than $1.00 for the 100% rate and shall be applied in whole dollars only. Provided that any amounts of less than a whole dollar shall be deferred and considered in the next following review.
(2)The rates of employer contributions shall be reviewed by Ngala Inc no earlier than 1 January 1991.
9. - QUALIFYING PERIOD
New employees commencing after 1 January 1989 will be required to perform three months' service before becoming entitled to receive the employer contributions mentioned in Clause 6. - Employer Contributions of this Award. Provided that for new employees who are already members of a superannuation scheme which complies with the Commonwealth Occupational Superannuation Standards Act, 1987, the qualifying period will be waived and the employer contributions will begin upon commencement of employment.
10. - EMPLOYEE ENTRY INTO FUND
(1)Ngala Inc shall provide the employee with an application form to join the Fund and documentation explaining the Fund within one week of the employee becoming eligible for entry into the Fund.
(2)If the employee fails to return to Ngala Inc a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter in the form set out in subclause (7) headed "Superannuation Information", a Letter of Denial in the form set out in subclause (8) of this clause and an application form to join the Fund.
(3)Where the employee completes and returns the Letter of Denial, no contribution need be made on that employee's behalf.
(4)Where the employee returns neither the application form to join the Fund nor the Letter of Denial within one week of posting, Ngala Inc shall advise either the appropriate union or the Fund administrator in writing of the employee's failure to return the completed form.
(5)From two weeks following the delivery of Ngala Inc's advice in accordance with subclause (4) Ngala Inc shall be under no obligation to make superannuation payments on behalf of that employee. Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a Letter of Denial, Ngala Inc shall make contributions on behalf of that employee from the date of return of the signed application form.
(6)Unless Ngala Inc complies with the foregoing procedure and the employee fails to return a duly completed application form to join the Fund as provided herein, contributions shall be made by Ngala Inc on behalf of each employee as provided in Clause 6. - Employer Contributions from a date three months after the employee commences employment.
(7)Superannuation Information Letter
SUPERANNUATION INFORMATION
Dear ......
This letter is to explain the benefits you will receive under the superannuation scheme. It will cost you NOTHING.
BUT - In order for your to receive this benefit you must sign the accompanying application form WITHIN 2 weeks and return to your employer. Superannuation is your legal right under the Award but unless you sign for it you will lose the benefit.
HOW DOES IT WORK
Each month your employer will pay into your superannuation account the following amount based on hours worked: either
(a) From 1 January 1989 if you work between 10 and less than 30 hours - $6.00 pw, and if you work 30 or more hours $12.00 pw; or
(b) From 1 January 1991 3% of your ordinary time earning but this is to be no less than $5.00 pw if you work between 10 and less than 30 hours, and $10.00 pw if you work 30 or more hours.
FURTHER INFORMATION
If you want more information you can telephone the Pay Clerk, your Union or the Superannuation Fund (insert Fund contact telephone number).
BENEFITS
On retirement, you will be paid all amounts contributed on your behalf plus interest. If you leave your job before then the moneys contributed on your behalf will remain in the Fund until retirement or will be available to rollover into the next Occupational Superannuation Fund that you may join.
REMEMBER
To get your legal entitlement you must complete the form and return it to the employer.
(8)Letter of Denial
To Ngala Inc
I have received an application for membership of the non-contributory Superannuation Fund and understand -
(1) that should I sign such form you will make contributions on my behalf, and
(2) that I am not required to make contributions of my own, and
(3) that no deductions will be made from my wages for superannuation without my consent.
However, I do not wish to be a member of the Fund or have contributions made on my behalf.
______
(Signature)
Name : ______
Address : ______
Classification : ______
Date : ______
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).
(2)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii)Discussions at this level will take place as soon as practicable.
(3)The terms of any agreed settlement should be jointly recorded.
(4)Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.
(5)Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.
(6)Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..
SCHEDULE OF RESPONDENTS
The Federated Miscellaneous Workers'
Union of Australia, Hospital, Service
& Miscellaneous W.A. Branch
61 Thomas Street
SUBIACO WA 6008
The Australian Nursing Federation
Industrial Union of Workers, Perth
34 Kings Park Road
WEST PERTH WA 6005
Hospital Salaried Officers' Association
of Western Australia (Union of Workers)
8 Coolgardie Terrace
EAST PERTH WA 6000
V A R I A T I O N R E C O R D
NGALA SUPERANNUATION AWARD, 1989No. 17 of 1989
Delivered 05/04/90 at 70 WAIG 1371.
Consolidated at
CLAUSE NO. / EXTENT OF VARIATION / ORDER NO. / OPERATIVE DATE / GAZETTE REFERENCE
1. Title
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
(1A. State Wage Principles)
Ins. Cl. / 1752/91 / 31/01/92 / 72 WAIG 191
Cl. & Title / 1457/93 / 24/12/93 / 74 WAIG 198
(1A. State Wage Principles December 1993)
Cl. & Title / 985/94 / 30/12/94 / 75 WAIG 23
(1A. Statement of Principles December 1994)
Cl. & Title / 1164/95 / 21/03/96 / 76 WAIG 911
(1A. Statement of Principles March 1996)
Cl & Title / 915/96 / 7/08/96 / 76 WAIG 3368
(1A Statement of Principles - August 1996)
Cl & Title / 940/97 / 14/11/97 / 77 WAIG 3177
(1A. Statement of Principles - November 1997)
Cl. & Title / 757/98 / 12/06/98 / 78 WAIG 2579
(1A. Statement of Principles - June, 1998)
Del. Cl. & Title / 609/99 / 06/07/99 / 79 WAIG 1843
2. Arrangement
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
Ins. 1A / 1752/91 / 31/01/92 / 72 WAIG 191
1A. Title / 1457/93 / 24/12/93 / 74 WAIG 198
1A. Title / 985/94 / 30/12/94 / 75 WAIG 23
1A. Title / 1164/95 / 21/03/96 / 76 WAIG 911
Ins. Appendix - Resolution... / 693/96 / 16/07/96 / 76 WAIG 2768
1A. Title / 915/96 / 7/08/96 / 76 WAIG 3368
1A / 940/97 / 14/11/97 / 77 WAIG 3177
1A. Title / 757/98 / 12/06/98 / 78 WAIG 2579
Ins 4A / 599/98 / 30/06/98 / 78 WAIG 2559
Del. 1A / 609/99 / 06/07/99 / 79 WAIG 1843
3. Area and Scope - Parties Bound
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
4. Term
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
4A. Superannuation Compliance, Nomination and Transition
Ins Cl / 599/98 / 30/06/98 / 78 WAIG 2559
5. The Superannuation Fund
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
6. Employer Contributions
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
7. Employee Contributions
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
8. Review of Contributions
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
9. Qualifying Period
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
10. Employee Entry Into Fund
as delivered / A17/89 / 05/04/90 / 70 WAIG 1371
Appendix - Resolution of Disputes Requirement
Ins. Appendix / 693/96 / 16/07/96 / 76 WAIG 2768
(1),(6), Del. (7) / 2053/97 / 22/11/97 / 77 WAIG 3079
Schedule of Respondents