WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Coles New World and Others and Australasian Meat Industry Employees' Union, Industrial Union of Workers, West Australian Branch. No. 1135 of 1990. SENIOR COMMISSIONER G.G. HALLIWELL. 27th day of July 1990. Order. HAVING heard Mr P. Brunner on behalf of the Applicants and Mr R. Farrell 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 — 1. That the Occupational Superannuation Agreement take effect in the terms of the attached Schedule. 2. That this Order shall have effect from the 20th day of July 1990. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3359 Schedule. 1—Title. This Order shall be known as the Coles New World Supermarkets, Coles Fossey and Wool worths (WA) Limited AMIEU Superannuation Order. 2. — Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Definitions. 5. Eligibility. 6. Contributions. 7. Employer to Continue Participation. 8. Employees' Additional Voluntary Contributions. 9. Employee Entry into Fund. 3. — Scope. This Order shall apply to Coles New World Supermarkets, Coles Fossey and Woolworths (WA) Limited and to their employees whose employment is regulated by the Meat Industry (State) Award No. 9 of 1979. 4. — Definitions. (1) "Ordinary Time Earnings" means the base classification rate, including supplementary payments where appropriate, in charge rates, shift penalties and any overaward payments, together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect to casual employees the appropriate casual loadings prescribed by this award, but shall exclude any payment for overtime worked, vehicle allowances, fares or travelling time allowances (including payments made for travelling relating to distant work), commission, location allowance or bonus. (2) "Trustee" means the trustee of the relevant fund. (3) "Fund" means the Superannuation Fund chosen by the employee provided that the employee may choose either the Meat Industry Employees' Superannuation Fund or the REST Fund. 5. — Eligibility. (1) Full-time and Part-time Employees; The employer shall be required to make contributions in accordance with this Order in respect of each full-time and part-time employee who has been employed by the employer for a period of four weeks. Once the employee has completed the four week qualifying period he/she shall be eligible to have contributions to the Fund paid on his/her behalf from the date of his/her engagement with the employer but no earlier than the date of operation specified in Clause 6. — Contributions of this Order. (b) Once an employee has become eligible in accordance with the requirements of placitums (i) and (ii) of paragraph (a), a contribution shall be made on his/her behalf for each week in which the employee worked no less than eight hours. Provided that no contribution shall be required for any period prior to the date of operation of this clause prescribed in Clause 6. — Contributions of this Order. (c) From the point of eligibility, and in addition to the provisions of paragraph (b) the employer shall make a contribution for each week in which the employee works no less than eight hours. Provided that where the employee works less than eight hours in any week, no contribution shall be made for that week. 6. — Contributions. (1) An employer shall, subject to Clause 8. — Employee Entry into Fund, contribute to the fund in respect of all eligible employees an amount equal to three per cent of each employee's ordinary time earnings each week with effect from the first pay period on or after 1 July 1989, or the employee's commencement date, whichever is the later. (2) 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 other times and in such other manner as may be agreed in writing between the Trustee of the Fund, the employer and the Union from time to time. (3) No contributions shall be made for: (a) periods of unpaid leave or unauthorised absences; or (b) pro rata annual leave or any other payments paid out on termination. (4) Alternative Calculation of Payments: Notwithstanding the provisions of this clause the payment required to be made to a fund may be calculated on the basis agreed in writing between the Union and the employer. 7. — Employer to Continue Participation. (1) An employer who participates in the fund shall not cease participation in the fund whilst employing any eligible employee. (2) The obligation of the employer to contribute to the fund in respect of an eligible employee shall cease on the last day of an eligible employee's employment with the employer. (2) Adult Casual Employees: g — Employees' Additional Voluntary Contributions, (a) The employer shall be required to make When the rules of the fund allow an eligible employee contributions in accordance with this {q make additional contributions an eligible employee Order only in respect of each adult casual may elect to make additional contributions to the fund employee who has been employed: aiicj jjjg empi0yer shall, where an election is made upon (i) continuously, for no less than 13 the direction of the employee deduct contributions weeks; and from the employee's wages and pay them to the fund in (ii) for no less than a total of 104 accordance with the direction of the employee and the hours. rules of the fund. 33< 70 W.A.I.G. 9. — Employee Entry into Fund. (1) The employer shall supply each employee with application forms to join each of the funds specified, with forms to be supplied simultaneously, within 14 days of the operative date of this clause or within 14 days of an employee's commencing employment, whichever is the later. (2) The employer is not obliged to make contributions to a fund where an employer has not completed and returned an application form referred to in subclause (1) within 14 days of being supplied with the application forms, provided that an employer shall make contributions to a fund from the date on which the employee subsequently completes an application form. (3) If the employer fails to provide an employee with the application form referred to in subclause (1) within the time prescribed in that paragraph the employer shall be obliged to make contributions as if the application had been provided within the prescribed time, provided that the employee returns the application within 14 days of being provided with the application by the employer.