WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. West Australian Bakers'. Pastrycooks' and Confectioners' Union of Workers and Bakewell Pies (1978) Pty Limited and Others. No. 688 of 1989. SENIOR COMMISSIONER G.G. HALLIWELL 12th day of July 1989. Order. HAVING heard Mr C. Panizza on behalf of the applicant and Ms G. Marlon 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 Pastrycooks' Award No. 24 of 1981 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 1st day of October 1989. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1. Clause 2. — Arrangement: After Clause 30. — Settlement of Disputes Procedure, add a new title and number: 31. — Superannuation. 2. Clause 31. — Superannuation: Add new Clause 31. — Superannuation: 31. — Superannuation. (1) Dehnitions. "Preferred Occupational Superannuation Scheme" or "Preferred Scheme" shall mean Westscheme. "An Approved Occupational Super- annuation Scheme" shall mean any fund which complies with the Australian Government's Occupational Standards for Occupational Superannuation. 69 W.A.I.G. For the purpose of this clause "Super- annuation payment" shall mean: Three per cent of an amount equal to the base wage rate paid by the employer to the employee each week plus any supplementary payment plus an amount equivalent to the average of weekly penalty payments, provided this average of weekly penalty payments shall not exceed 25 per cent. The average of weekly penalty payments shall be calculated in each week for each employee in accordance with Clause 9. — Additional Rates. (2) Employer Contributions. (a) An employer shall contribute the superannuation payment per week per eligible employee either into the Preferred Occupational Superannuation Scheme or into any 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. (d) Contributions for part-time and casual employees shall be calculated on pro-rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours. (3) Fund Membership. (a) Contributions in accordance with subclause (2) — Employer Contribut- ions of this clause, shall be calculated by the employer on behalf of each employee from the date of engagement of the employee and payment shall commence after the employee has completed three months service, 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 (5) 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. (iy) 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 applic- ation 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 (2) — Employer Contributions of this clause, unless they work a minimum of 10 hours per week. (c) Casual employees shall not be entitled to the benefits of this clause unless they are paid a minimum of $100 per week (4) Exemptions: Exemptions from the requirements of this clause shall apply to an employer who at the date of this order— (a) was contributing to an Approved Occupational Superannuation Scheme, in accordance with an order of an industrial tribunal; or (b) was contributing to an Approved Occupational Superannuation Scheme, in accordance with an Order or award of an industrial tribunal, for a majority of employees at the date of issuing this order 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 an Approved Occupat- ional 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 an Approved Occupational Superannuation Scheme 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