WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Disabled Workers' Union of W.A. and Good Samaritan Industries and Others. No. 178 of 1992. Supported Employees Industry Award. No. A 1 of 1988. COMMISSIONER G.L. FIELDING. 23 April 1992. Order. HAVING heard Mr J.G.M. Fiocco (of Counsel) and with him Mrs G. Cassidy on behalf of the Applicant and Mr M.A. O'Connor on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Supported Employees Industry Award be varied in accordance with the following Schedule and that such variation shall have effect from the date hereof. (Sgd.) G.L. FIELDING, [L.S.] Commissioner. Schedule. 1. Clause 2. —Arrangement: After the number and title "23. Deduction of Union Subscriptions" insert the follow- ing new number and title — 24. Superannuation 2. Clause 5. —Definitions: Delete paragraph (c) of subclause (3) and insert in lieu thereof the following — (c) qualify for receipt of the Disability Support Pension or alternative or additional benefits provided by way of Commonwealth Government legislation to supported or sheltered workshop employees. 3. Clause 23. —Deduction of Union Subscriptions: After this clause insert a new clause as follows — 24. — Superannuation. (1) Definitions In this clause — (a) "Approved Occupational Superannuation Fund" means a superannuation fund which complies with the Occupational Superannua- tion Standards Act 1987; (b) "Fund" means any approved occupational superannuation fund into which the employer is contributing for all eligible employees; (c) "Ordinary Time Earnings" means the wages, excluding overtime payments paid by the employer. This does not include the Disability Support Pension or any other payments which do not form part of the employment entitlement; (d) "Eligible Employee" means either a full- time or part-time employee who has com- pleted two months' continuous service with the employer and whose employment is regulated by the Supported Employees In- dustry Award No. A 1 of 1988; (e) "Trustee" means the trustee of the relevant fund. (2) Contributions (a) An employer shall, subject to the provisions of this clause, contribute to a fund referred to in paragraph (l)(b) hereof in respect of each eligible employee an amount equal to 3% of that employee's ordinary time earn- ings each pay period with effect from the beginning of the first pay period commenc- ing on or after the date of operation of this clause or the date the employee becomes an eligible employee. (b) Employees who may wish to make contribu- tions to the fund additional to those being paid by the employer shall be entitled to authorise the employer to pay into the fund amounts specified by the employee. Employ- ees' contributions to the fund requested under this subclause shall be made in accordance with the rules of the fund. (c) Employer contributions, together with any employee deductions, shall be paid monthly for pay periods completed in each month. Provided that payments may be made at such time and in such other manner as may be agreed in writing between the Trustee of the fund and employer from time to time. (d) No contribution shall be made for— (i) periods of unpaid leave or unauthorised absences; (ii) any payout of accrued entitlements upon termination of employment; (iii) periods whilst on workers' compensa- tion in excess of three months. (3) Cessation of Contributions The obligation of the employer to contribute to a fund in respect of an eligible employee shall cease on the last day of that eligible employee's employment with the employer. (4) Employee to be Advised of Entitlements (a) The employer shall, no later than the end of the first pay day period following the date of operation of this clause or the date the employee becomes an eligible employee, notify each employee of a right to superannu- ation entitlement arising from the provisions of this clause and provide the employee with an application to join the fund, together with any written material explaining the fund. (b) Where a fund permits the employee to have the option of death benefit cover, it shall be the employee's responsibility to make an election, within the rules and benefits pro- vided by the fund, whether or not a propor- tion of the contribution made on the em- ployee's behalf shall be allocated against the cost of death benefit. (c) If the employee fails to return to the employer a completed application to join the fund within four weeks of receipt, the employer shall send to the employee or agent, the letter set out in subclause (6) of this clause headed "Superannuation Informa- tion'", a Letter of Denial set out in subclause (7) of this clause and an application to join the fund. (d) Where the employee completes and returns a Letter of Denial, no contribution need be made on that employee's behalf. (e) Where the employee does not return the application to join the fund or the Letter of Denial within two weeks of postage, the employer shall advise either the Union or the fund administrator in writing of the em- ployee's failure to return the completed forms. (f) Where the employee does not return the application form the employer shall be under no obligation to make superannuation pay- ments on behalf of that employee. Provided that if at any time an employee returns a signed application form, notwith- standing a previous failure to return such form or the return of a Letter of Denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form. (5) Existing Superannuation Arrangements No employer shall be excluded from the requirement to provide superannuation to employ- ees under this Award, by virtue of any previous superannuation schemes. However, any superannuation scheme in place as at the date of this Award which continues in force and satisfies the minimum requirements of this clause shall be the full extent of any employer's obligation to provide occupational superannuation to employees covered by this Award. (6) Superannuation Information Letter Superannuation Information This letter is to explain the benefits you will receive under the superannuation scheme. It will cost you NOTHING. But —In order for you 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: 3% of your ordinary time earnings. Further Information If you want more information you can phone the employer, your Union or the Superannuation fund (insert appropriate contact telephone numbers). Benefits When you retire from work you will receive the employer contributions together with any contri- butions you may wish to make, plus interest. The standard administrative changes of the Fund are deducted. You will need to check with the Superannuation Fund if you require further details. Remember To get your legal entitlement you must com- plete the form and return it to the employer. (7) Letter of Denial To (employer) 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 con- sent. 72 W.A.I.G. w: 1137 However I do not wish to be a member of the Fund or have contributions made on my behalf. (Signature) Name: Address: Classification: Date: WIRE MANUFACTURING (AUSTRALIAN WIRE INDUSTRIES PTY LTD) AWARD No. 24 of 1970.