WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Section 40. — Variation to Award. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and Dulux Australia Limited and Others. No. 234 of 1989. Various Paint and Varnish COMMISSION IN COURT SESSION. CHIEF COMMISSIONER W.S. COLEMAN COMMISSIONER G.J. MARTIN COMMISSIONER C.B. PARKS. 28th day of June 1989. Order. HAVING heard Mr J.A. McGinty and with him Ms K. Digwood on behalf of the applicant and Mr J.N. Uphill on behalf of the respondents, and by consent, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Paint and Varnish Makers" Award No. 22 of 1957 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period commencing on or after the 1st day of July 1989. By the Commission in Court Session. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. Clause 2. — Arrangement: Immediately after the number and title 29. — Maternity Leave, add the number and title 30. — Superannuation. 2. Clause 30. — Superannuation: Immediately after Clause 29. — Maternity Leave of this award, add the following new clause: 30. — Superannuation. (1) Employer Contributions. (a) An employer shall contribute three per cent of ordinary time earnings per eligible employee into one of the following Approved Superannuation Funds: (i) Westscheme; or (ii) an exempted Fund allowed by subclause (4) of this clause. (b) Except where the Trust Deed provides otherwise employer 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. (2) Fund Membership. (a) Contributions in accordance with subclause (1) — Employer Contribut- ions of this clause, shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following: (i) the employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commenc- ing. (ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant super- annuation information, the letter of denial set out in subclause (6) of this clause and an application to join the Fund. (iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf. (iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise either the union or the Fund Administrator in writing of the employee's failure to return the completed form. (v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer 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 applicat- ion form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contribut- ions on behalf of that employee from the date of return of the signed application form. (b) Part-time employees shall not be entitled to receive the employer contribution mentioned in subclause (1) — Employer Contributions of this clause, unless they work a minimum of 12 hours per week. (c) Casual employees who are employed for 32 consecutive working days or less shall not be entitled to the benefits of this clause. (3) Definitions: "Approved Fund" shall mean a fund which complies with the Australian Government's Operational Standards for Occupational Superannuation. "Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus. (4) Exemptions: Exemptions from the requirements of this clause shall apply to an employer who at the date of this order- fa) was contributing to a Superannuation Fund, in accordance with an order of an industrial tribunal; or (b) was contributing to a Superannuation Fund, in accordance with an Order or award of an industrial tribunal, for a majority of employees and makes payment for employees covered by this award in accordance with that order or award; or (c) subject to notification to the union, was contributing to a Superannuation Fund for employees covered by this award where such payments are not made pursuant to an order of an industrial tribunal; or (d) was not contributing to a Super- annuation Fund for employees covered by this award; and (i) written notice of the proposed alternative Superannuation Fund is given to the union; and (ii) contributions and benefits of the proposed alternative Super- annuation Fund are no less than those provided by this clause; and (iii) within one month of the notice prescribed in paragraph (i) being given, the union has not challenged the suitability of the proposed Fund by notifying the