WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. WA Dental Technicians and Employees Union of Workers, Perth and Devenish Dental Laboratories and Others. No. 314 of 1988. DENTAL TECHNICIANS AND ATTENDANT/ RECEPTIONISTS AWARD 29 of 1982 COMMISSIONER G.L. FIELDING. 27th day of September 1989. Order. HAVING heard Mr C.D. Panizza on behalf of the Applicant and Mr M. O'Connor on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, being satisfied that its terms are not contrary to any General Order or any principle formulated as a result of General Order proceedings under section 51 of the Industrial Relations Act, and by consent, hereby orders— That the Dental Technicians and Attendant/ Receptionists Award 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 November 1989. (Sgd.) G.L. FIELDING, Public Service Arbitrator. Schedule. 1. Clause 2. — Arrangement: After the number and title 33. — Liberty insert the number and title as follows: 34.—Superannuation. 2. Clause 33. — Liberty: After this clause insert a new clause as follows: 34. Superannuation. (1) Definitions: For the purposes of this clause: (a) "Approved Occupational Superannua- tion Fund" means a superannuation fund approved by the Occupational Super- annuation Commission. (b) "The Fund" means the Western Australian Dental Superannuation Scheme (WADSS). (c) "Ordinary time earnings" means the minimum award wage payable by the employer to the employee for ordinary hours worked and shall include any allowance regularly paid for working ordinary hours and/or for the class of work regularly undertaken by the employee, including allowances for working ordinary hours after 6.00 p.m., and or on Saturday morning, and in respect of casual employees, shall include any casual loading prescribed by the Award but not including any bonuses, commissions, payments for overtime or . any other extra-ordinary payments, remuneration or allowances including meal allowances and over award payments. Provided that ordinary time earnings may. at the option of the employer, include any over award payments usually paid for working ordinary hours; (d) "Eligible employee" shall mean all employees who work an average of 12 hours per week or more over any four weekly period but not including casual employees employed for four weeks or less in any one period of employment. Provided that an eligible employee shall continue to be eligible during any period of paid leave. (2) Payment: (a) Subject to subclause (4) of this clause, in addition to the ordinary rate of wage paid to an employee and in addition to any contributions being made by an employer as at 1 September 1989, on behalf of an employee to any super- annuation fund, an employer shall contribute an amount calculated on the basis of three per cent of the ordinary time earnings of each eligible employee to the account of such employee in the Fund in accordance with the rules of such Fund and the provisions of this clause. (b) Contributions shall be calculated on the basis of the employees' pay period, and shall, unless the rules of the Fund provide otherwise, be paid to the fund on a monthly basis. (3) Members' Additional Voluntary Contribu- tions: An employee may elect to make additional contributions to the Fund and the employer shall, where such election is made upon the direction of the employee deduct such contributions from the 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3335 employee's wages and pay them to the Fund in accordance with the direction of the employee and the rules of the Fund. (4) Exemptions: Exemptions from the require- ments of this clause shall apply to an employer who at the date of this order: (a) was contributing to an Approved Occupational Superannuation Fund, in accordance with an order of an industrial tribunal; or (b) was contributing to an Approved Occupational 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 an Approved Occupational Superannuation Fund for employees covered by this Award where such payments are not made pursuant to an order of an industrial tribunal. (5) No contributions shall be made for: (a) Periods of unpaid leave or unauthorised absences; or (b) Annual leave on termination or any other payments on termination (6) Employee Entry into Fund: Contributions in accordance with subclause (2) of this clause shall be made by the employer on behalf of each eligible employee from the operative date of this clause or 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: (a) The employer shall provide the employee with an application to join the Fund and documentation explaining the fund within one week of qualifying for entitlement under this clause; (b) 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, the letter set out in paragraph (f) headed "Superannuation Information", a Letter of Denial set out in paragraph (g) of this clause and an application to join the Fund; (c) Where the employee completes and returns the Letter of Denial, no contribution need be made on that employee's behalf. A copy of the letter shall be sent to the Union or the Fund Trustees; (d) 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 Trustees in writing of the employee's failure to return the completed form; (e) From two weeks following the employer's advice pursuant to paragraph (d) should the employee not have returned the completed form the employer shall be under no obligation to make super- annuation payments on behalf of that employee. Provided that if at any time an employee returns a signed application form, notwithstanding 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: (0 Superannuation Information Letter: Superannuation Information. Dear This letter is to explain the benefits you will receive under the superannua- tion scheme. It will cost you nothing. But — in order for you to receive this benefit you must sign the accompanying application form within two weeks and return it to your employer. Super- annuation is your legal right under the award but unless you sign for it you will not receive the benefit. How does it work. Each month your employer will pay into your super- annuation account an amount equivalent to three per cent of your ordinary time earnings (see definition). This is in addition to your current salary. Benefits. When you retire, at age 55 years or over, you will be paid all amounts contributed on your behalf plus interest — even if you leave your job before then. The money is preserved for you for your retirement. Further information. If you want more information you can phone the Hospital Salaried Officers Association/Dental Technician and Employees Union on 328 5155 or the Superannuation Fund (insert Fund contact telephone number) or speak further with your employer. Remember: To get your legal entitlement you must complete the form and return it to the employer, (g) Letter of Denial: To (employer) I have received an application for membership of the non-contributory Superannuation Fund and under- stand: (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 super- annuation without my consent. However I do not wish to be a member of the Fund or have contributions made on my behalf. (Signature) Name: Address: Classification: Date: