New South Wales Consolidated Acts

FISH MARKETING ACT 1994 - SCHEDULE 3

SCHEDULE 3 – Copy of Heads of Agreement-provisions relating to employees (with amendments)

(Section 14 (2))

HEADS OF AGREEMENT

Dated 3 May 1994

Parties

THE HONOURABLE IAN RAYMOND CAUSLEY, MP, MINISTER FOR AGRICULTURE AND FISHERIES AND MINISTER FOR MINES, FOR AND ON BEHALF OF THE FISH MARKETING AUTHORITY REPRESENTING THE CROWN IN THE RIGHT OF THE STATE OF NEW SOUTH WALES AND THE GOVERNMENT OF NEW SOUTH WALES

SYDNEY FISH MARKETS PTY LTD ACN 064 254 306

SFM TENANTS & MERCHANTS PTY LTD ACN 062 939 413

NEW SOUTH WALES FISHERMEN’S CO-OPERATIVE ASSOCIATION LTD

11. - Employees

11.1 - Guarantee of employment

Subject to the provisions of the Act and the continuing satisfactory performance of the Employees, the Purchaser agrees to employ or contract, as the case may be:

(1) wages staff currently employed pursuant to the terms of the NSW Fish Marketing Authority (Wages Staff) Award for at least 12 months from Completion on substantially the same terms as are prescribed by that award or in accordance with any otherwise applicable State award;

Amendment. Omit Paragraph (1) above insert instead:

(1) wages staff currently employed pursuant to the terms of the

(2) salaried staff currently employed pursuant to the terms of the NSW Fish Marketing Authority Salaried Staff Enterprise Agreement for at least 12 months from Completion on the same terms and conditions as are prescribed by that agreement; and

(3) SES officers currently engaged pursuant to the terms of an SES contract under Part 2A of the Public Sector Management Act 1988 on a contract for at least 12 months duration in the position which they hold immediately prior to Completion on substantially the same remuneration package.

11.2 - Recognition of public sector service for redundancy and leave purposes

(1)

The Purchaser agrees that all continuous service for the Employees with the New South Wales Public service/sector will be recognised by the Purchaser as “service” with the Purchaser for the purposes of calculating Employees’ entitlements to redundancy pay applying at the time of redundancy and leave entitlements such as annual leave, sick leave, long service, parental leave or extended leave, where applicable.

(2)

The Vendor will accept no pro-rata liability for redundancy or severance payments for any period of employment relating to any service of any Employee prior to Completion.

11.3 - Payment of leave entitlements

(1)

The Purchaser acknowledges that annual leave and pro-rata long service leave, extended leave (where applicable) entitlements for the Employees as at the date of Completion will be either paid to the Employees or allowed by the Vendor against the Purchase Price, as appropriate.

(2)

The Vendor will indemnify the Purchaser in respect of sick leave taken by Employees over and above their respective annual entitlements for 3 years following Completion. Any payment under this indemnity will be made on the anniversaries of the date of Completion.

11.4 - Enterprise agreement

The Vendor and Purchaser acknowledge that the Purchaser, as successor, will be bound by the NSW Fish Marketing Authority Salaried Staff Enterprise Agreement between the FMA and its salaried employees.

11.5 - Co-operation and notice

(1)

The Purchaser agrees to co-operate with the Vendor in consulting with the Employees (and their representatives, if appropriate) prior to Completion.

(2)

The Vendor and the Purchaser agree that the letters annexed as Annexure 4 will be forwarded to the appropriate Employees on or about execution of this Heads of Agreement.

12. - Superannuation

12.1 - Non-entitlement to State schemes post Completion

The Vendor and Purchaser acknowledge that all the Employees will cease to be entitled to contribute to State superannuation schemes following Completion.

12.2 - Unfunded superannuation liabilities

(1)

The Vendor will extinguish all unpaid superannuation liabilities relating to the Employees upon Completion.

(2)

The Vendor will fully fund (or procure the funding of) any unfunded superannuation liabilities of the FMA for the Employees as at Completion.

12.3 - Transfer of accrued entitlements

(1)

The Vendor will transfer the Employee’s accrued superannuation entitlements to the scheme established by the Purchaser under clause 12.4.

(2)

For the avoidance of doubt, no assets (other than the accrued entitlements pursuant to clause 12.3(1)), or surplus of any State superannuation fund referrable to the Employees will be transferred to the Purchaser’s superannuation scheme.

12.4 - Establishment of new superannuation scheme

As from Completion the Purchaser will establish a superannuation scheme (“new scheme”) so that:

(1) the Employees are entitled to contribute and rollover their existing entitlements into the new scheme; and

(2) the Purchaser will make contributions to the new scheme on behalf of Employees at a rate equal to the contributions previously made by the Vendor on behalf of the Employees.

Amendment. After “Employees” where lastly occurring in paragraph (2), insert “(including contributions for which the Vendor was liable but payment of which was deferred)”.