WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Australasian Meat Industry Employees' Union, Industrial Union of Workers, West Australian Branch and Aylesbury Holdings Pty Ltd trading as Preston River Abattoirs No. 1604 of 1990. SENIOR COMMISSIONER G.G. HAI.LIWELL. 13 June 1991. Order. HAVING heard Mr M. Fitzgerald on behalf of the Applicant and Ms G. Marton on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That notwithstanding the provisions of the Meat Industry (State) Award No. R 9 of 1979 the Superannu- ation Agreement reached between the parties as per the attached Schedule is hereby ratified. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1.-Title. This Order will be known as the Preston River Abattoirs Occupational Superannuation Order. 2. — Arrangement. 1. Title 2. Arrangement 3. Area and Scope 4. Employer Contributions 5. Qualifying Period 6. Employees' Voluntary Contributions 3. —Area and Scope. This Order applies to all of those employees of the Preston River Abattoirs ("the employer") who are employed under the Meat Industry (State) Award No R9 of 1979. 4. —Employer Contributions. (a) The employer shall contribute 3% of ordinary time earnings per eligible employee into one of the following Funds: (i) Meat Industry Employees' Superannuation Fund; or (ii) Aylesbury Holdings Pty Ltd T/As Preston River Abattoirs Superannuation Fund. (b) Contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer. (c) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on terminations. 71 W.A.I.G. Wi :ste: 1879 (d) Notwithstanding the provisions of subciause (b) and (c) of this Clause, contributions shall be made in accordance with the Trust Deed and Rules of the Fund. 5. —Qualifying Period. Contributions in accordance with Clause 4 —Employer Contributions of this Order shall be calculated by the employer on behalf of each employee from the date the employee commences enrployment, provided that the employee completes at least one month of employment and further provided that the employee completes an application, to join one of the funds. 6. —Employees' Voluntary Contributions. Where an employee elects to make voluntary additional contributions to the fund, the employer shall deduct such contributions from the employee's wages and pay them to the fund in accordance with the direction of the employee and the rules of the fund. Date of Operation This Order shall operate from the first pay period commencing on or after the 29th day of May, 1991. WESTERN AUSTRALIAN- INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Westralian Sands Limited and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Others. No. 902 of 1991. COMMISSIONER G.L. FIELDING. 28 June 1991. Reasons for Decision. (Given extemporaneously at the conclusion of the submis- sions. taken from the transcript as edited by the Commis- sioner) THE COMMISSIONER: This is an application to repeal and re-enact in a slightly different form the Westralian Sands Occupational Superannuation Order, being Order No. C 371 of 1988. Since that Order was pronounced the relevant parties have reached agreement that the superannuation contributions should be based not on the fitter's rate of pay as is now required but rather on the basis of the true total wage for each individual employee. Furthermore, the parties have agreed that the contributions should be reviewed twice in each year, at the beginning of January and July, rather than simply at the beginning of July as was the case under the previous Order. As well, the parties have taken the opportunity to do some housekeeping, that is, to reflect in the Order the change in name of some of the union parties to the Order and to reflect the fact that there is now a new award, namely the Mineral Sands Industry Award 1991 governing the parties to the Order. The parties are ad idem that the Order should issue. In the circumstances by consent I order that the Order contained in matter C 371 of 1988 be repealed and replaced with an Order in terms of the amended Schedule B to the application and as that Schedule stipulates such Order is to operate with effect from the beginning of the first pay period commenc- ing on or after 1 July 1991. Appearances: Mr G.D. McKenzie appeared for the applicant. Mr N. Cinquina appeared for the Australian Workers Union. Mr R.G. Krygsman appeared for the Australian Electrical, Electronics, Foundry and Engineering Union; the Construc- tion, Mining and Energy Workers Union, and the Amalga- mated Metal Workers and Shipwrights Union.