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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coal and Oil Shale Mine Workers
(Superannuation) Amendment
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Coal and Oil Shale Mine Workers
(Superannuation) Act 1941 No 45 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-052-28.d13
New South Wales
Coal and Oil Shale Mine Workers
(Superannuation) Amendment
Bill 2008
No , 2008
A Bill for
An Act to amend the Coal and Oil Shale Mine Workers (Superannuation) Act 1941
with respect to the legal effects of certain industrial agreements and superannuation
contributions by mine owners; and for other purposes.
Clause 1 Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Coal and Oil Shale Mine Workers (Superannuation) 3
Amendment Act 2008. 4
2 Commencement 5
This Act is taken to have commenced on 1 July 2006. 6
3 Amendment of Coal and Oil Shale Mine Workers (Superannuation) Act 7
1941 No 45 8
The Coal and Oil Shale Mine Workers (Superannuation) Act 1941 is 9
amended as set out in Schedule 1. 10
4 Repeal of Act 11
(1) This Act is repealed on the day following the date of assent. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] The whole Act (except sections 2, 15C (1), 18 and 19 and Schedules 2 3
and 3) 4
Omit "COALSUPER" wherever occurring. Insert instead "AUSCOAL". 5
[2] Section 2 Definitions 6
Omit the definition of Amalgamated Fund from section 2 (1). 7
Insert instead: 8
Amalgamated Fund means the AUSCOAL Superannuation 9
Fund, that was formerly named the COALSUPER Retirement 10
Income Fund as referred to in section 18. 11
[3] Section 2 (1) 12
Insert in alphabetical order: 13
AUSCOAL Rules means the AUSCOAL Superannuation Fund 14
Rules, that were formerly named the COALSUPER Rules, (as 15
amended or substituted from time to time) included in the 16
AUSCOAL Trust Deed that govern the occupational 17
superannuation schemes to which the AUSCOAL Trust Deed 18
relates. 19
AUSCOAL Trust Deed means the AUSCOAL Superannuation 20
Fund Trust Deed, that was formerly named the COALSUPER 21
Trust Deed (as amended or substituted from time to time) for the 22
reconstitution of the occupational superannuation schemes 23
referred to in section 15C (1). 24
[4] Section 2 (1), definitions of "Column 5 pension" and "member of Part 3 25
of the Fund" 26
Omit "COALSUPER" wherever occurring. Insert instead "AUSCOAL". 27
[5] Section 2 (1), definitions of "Special Account" and "transferee" 28
Omit the definitions. 29
[6] Section 2 (9) 30
Insert at the end of section 2: 31
(9) Notes included in this Act do not form part of this Act. 32
Page 3
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Schedule 1 Amendments
[7] Section 2A 1
Insert after section 2: 2
2A Cessation of legal effect of agreements 3
The following agreements do not have any legal effect from the 4
commencement of this section insofar as they require 5
contributions to be made to Part 2 or Part 3 of the Amalgamated 6
Fund as referred to in the AUSCOAL Trust Deed or to another 7
fund to which the mine worker has elected to contribute: 8
(a) the Restructuring Agreement, 9
(b) the 1999 Superannuation Agreement, 10
(c) the Industrial Agreement made on 6 September 1988 11
between N.S.W. Colliery Proprietors' Association Limited 12
and 8 trade unions, 13
(d) the Industrial Agreement made on 14 May 1991 between 14
New South Wales Coal Association, Cornwall Coal 15
Company No Liability and 4 trade unions. 16
Note. New South Wales Coal Mining Industry Statutory Superannuation 17
Fund (Salary Sacrifice) Agreement (ODN No 292 of 1992) is revoked by 18
order of the Australian Industrial Relations Commission dated 14 May 19
2008. 20
[8] Section 15C Corporate Trustee to maintain trust deed and governing 21
rules 22
Insert after section 15C (1): 23
Note. The COALSUPER Trust Deed (including the COALSUPER Rules) 24
has been renamed the AUSCOAL Superannuation Fund Trust Deed 25
(including the AUSCOAL Superannuation Fund Rules) by amendment of 26
the Trust Deed and Rules. 27
[9] Section 15C (4A) (a) 28
Omit "Trust Deed, and". Insert instead "Trust Deed.". 29
[10] Section 15C (4A) (b) 30
Omit the paragraph. 31
[11] Section 15C (8) 32
Omit the subsection. 33
[12] Section 18 AUSCOAL Superannuation Fund (the Amalgamated Fund) 34
Insert after section 18 (2): 35
Note. The Amalgamated Fund has been renamed the AUSCOAL 36
Superannuation Fund by amendment of the Trust Deed and Rules. 37
Page 4
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Amendments Schedule 1
[13] Section 19 1
Omit the section. Insert instead: 2
19 Special rate contributions required to be paid to the Amalgamated 3
Fund 4
(1) An owner must make contributions at a special rate at intervals 5
determined by the Corporate Trustee in respect of each mine 6
worker employed by the owner for crediting to Part 3 of the Fund. 7
(2) The amount of the special rate is the amount determined from 8
time to time by the Corporate Trustee after considering a relevant 9
report of the actuary. 10
(3) If a contribution required to be paid under this section is overdue 11
for more than 21 days, the Corporate Trustee may charge interest 12
on the overdue amount at the rate of interest that, at the time when 13
the interest first becomes payable, is advertised as the overdraft 14
reference rate of the Commonwealth Bank for amounts in excess 15
of $100,000. 16
(4) Interest payable under this section is recoverable in the same way 17
as unpaid contributions and any interest paid or recovered is to be 18
credited to the Amalgamated Fund. 19
(5) Contributions under this section are in addition to the amount of 20
any contributions to superannuation that are payable in respect of 21
each mine worker under the AUSCOAL Trust Deed, this or any 22
other Act of the State or any Act of the Commonwealth. 23
Note. Liability for minimum employer contributions to employee 24
superannuation arises under the Superannuation Guarantee Charge Act 25
1992 of the Commonwealth and is regulated under the Superannuation 26
Guarantee (Administration) Act 1992 of the Commonwealth. 27
[14] Section 19AD Corporate Trustee to set pension CPI rate 28
Omit the section. 29
[15] Section 32A Temporary modification of Act 30
Omit the section. 31
[16] Schedule 2 Savings and transitional provisions 32
Insert at the end of clause 2 (1): 33
Coal and Oil Shale Mine Workers (Superannuation) Amendment 34
Act 2008 35
Page 5
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Schedule 1 Amendments
[17] Schedule 2, clause 2 (2) (d) 1
Insert at the end of clause 2 (2) (c): 2
, or 3
(d) take effect on 1 July 2006 or a later date, if it is a provision 4
consequent on the enactment of the provisions of 5
Schedule 1 to the Coal and Oil Shale Mine Workers 6
(Superannuation) Amendment Act 2008, and section 3 of 7
that Act in its application to those provisions. 8
[18] Schedule 2, Part 9 9
Insert after Part 8: 10
Part 9 Provisions consequent on enactment of 11
Coal and Oil Shale Mine Workers 12
(Superannuation) Amendment Act 2008 13
35 Definition 14
In this Part, amending Act means the Coal and Oil Shale Mine 15
Workers (Superannuation) Amendment Act 2008. 16
36 Validity of contributions paid from 1 July 2006 to 30 June 2008 17
To avoid doubt, any total contribution: 18
(a) that was paid by an owner for a mine worker prior to the 19
date of assent to the amending Act, and 20
(b) that exceeded 9% of the mine worker's ordinary time 21
earnings, as a weekly amount, (excluding any amount paid 22
pursuant to section 19 (2A) as in force immediately before 23
the commencement of the amending Act), and 24
(c) that was paid in compliance with this Act, the AUSCOAL 25
Trust Deed and any industrial agreement as in force when 26
the payment was made, 27
is taken to have been validly paid. 28
Note. Clause 36 confirms the validity of any contributions actually paid 29
before the commencement of the amending Act that were in compliance 30
with this Act, the AUSCOAL Trust Deed and any industrial agreement 31
before the amending Act had effect. 32
Page 6
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Amendments Schedule 1
37 Preservation of entitlement 1
(1) If the amount of superannuation contribution that an owner was 2
liable to pay for a mine worker employed by that owner 3
immediately before the date of assent to the amending Act, in 4
respect of any period on or after 1 July 2006, was higher than the 5
amount that the owner is liable to pay after the amending Act 6
commenced, then the owner continues to be liable to pay the 7
superannuation contribution at the higher amount. 8
(2) For the purposes of subclause (1), an owner's liability to pay a 9
superannuation contribution includes a liability under any 10
provision of the AUSCOAL Trust Deed or any other 11
superannuation fund to which the owner contributes in respect of 12
that mine worker, this Act or any other Act of the State or 13
Commonwealth, but does not include: 14
(a) the requirement to contribute to Part 3 of the Fund under 15
section 19 (2A) as in force immediately before the 16
commencement of the amending Act and under section 19 17
(1) as inserted by the amending Act, or 18
(b) any liability to pay a salary sacrifice contribution. 19
(3) If an additional amount is payable pursuant to subclause (1), the 20
owner must pay the contributions: 21
(a) in the case of a mine worker who contributes to Part 2 of 22
the Fund--to the Corporate Trustee for crediting to that 23
Part of the Amalgamated Fund, and 24
(b) in the case of a mine worker who has elected to contribute 25
to a complying fund other than Part 2 of the Fund--to that 26
fund. 27
(4) This clause also applies to any other owner who subsequently 28
employs the mine worker. 29
Note. Clause 37 preserves a mine worker's right to a higher amount of 30
employer contribution than is required under the Superannuation 31
Guarantee Charge Act 1992 and the Superannuation Guarantee 32
(Administration) Act 1992 of the Commonwealth if a higher amount of 33
contribution was payable immediately before the date of assent to the 34
amending Act. The entitlement extends back in respect of any period 35
from 1 July 2006 and is continuing. The main categories of mine worker 36
to which this clause relates are those for whom the owner paid a flat 37
weekly rate contribution pursuant to the industrial agreements and those 38
whose wages and salaries are excluded from the calculation of employer 39
liability under the Commonwealth legislation, such as employees aged 40
70 years or over. 41
Page 7
Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill 2008
Schedule 1 Amendments
38 Regulations 1
Regulations made under Part 1 of this Schedule, for the purposes 2
of this Part, have effect despite anything to the contrary in Part 1. 3
Page 8
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