Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 48B

48B .         Superannuation

        (1)         In this section — 

        "complying superannuation fund or scheme" means a superannuation fund or scheme — 

            (a)         that is a complying superannuation fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

            (b)         to which, under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.

        (2)         In exercising its jurisdiction under this Part the Commission shall not make an award or order, or register an industrial agreement, which requires contribution to a superannuation fund or scheme by an employee or by an employer in respect of an employee unless the award, order or industrial agreement — 

            (a)         permits the employee to nominate a complying superannuation fund or scheme;

            (b)         requires the employer to notify the employee of the entitlement to nominate a complying superannuation fund or scheme;

            (c)         requires the employer — 

                  (i)         if the award, order or industrial agreement specifies one or more complying superannuation funds or schemes to which contributions may be made, to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer, until the employee nominates a complying superannuation fund or scheme; or

                  (ii)         if the award, order or industrial agreement does not specify a complying superannuation fund or scheme to which contributions may be made, to make contributions to a complying fund or scheme nominated by the employer until the employee nominates such a fund or scheme;

            (d)         requires the employee and employer to be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made; and

            (e)         provides that an employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.

        (3)         The Governor may make regulations — 

            (a)         prescribing procedures to be followed by an employer in notifying an employee of entitlement to nominate a complying superannuation fund or scheme; and

            (b)         prescribing procedures to be followed by an employee in nominating a complying superannuation fund or scheme.

        (4)         A person shall not by threats or intimidation persuade or attempt to persuade — 

            (a)         an employee or prospective employee to nominate a particular superannuation fund or scheme; or

            (b)         an employer to make contributions to a particular superannuation fund or scheme.

        Penalty:

            (a)         in the case of an individual, $1 000;

            (b)         in any other case, $5 000.

        (5)         In subsection (4) — 

        “threats” includes any conduct by an employer that clearly indicates to an employee or prospective employee that employment or promotion is conditional upon the employee nominating, or changing to, a complying superannuation fund or scheme suggested by the employer.

        [Section 48B inserted as section 49C by No. 79 of 1995 s. 13(1); renumbered as section 48B by No. 20 of 2002 s. 120.]

        [Heading inserted by No. 20 of 2002 s. 119(3).]