2. Definitions

[Varied by PR733892, PR774786, PR777307, PR795698]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult employee means an employee 18 years of age and over.

afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 17.2(a)).

[Definition of casual employee inserted by PR733892 from 27Sep21; varied by PR777307 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am.

employee means national system employee within the meaning of the Act.

[Definition of employee organisation inserted by PR774786; substituted retrospectively by PR795698 ppc 01Jul24]

employee organisation has the meaning given by section 12 of the Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774786 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

leading hand means an employee who is given by the employer, or their agent, the responsibility for directing and/or supervising the work of other persons.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

night shift means a shift finishing after midnight and at or before 8.00 am.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 15—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

permanent night shift employee is an employee who:

(a) works night shift only; or

(b) stays on night shift for a longer period than 4 consecutive weeks; or

(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

poultry processing industry has the meaning given in clause 4.2.

[Definition of small business employer inserted by PR774786 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum hourly rate for the Level 2 classification in clause 15.1.

[Definition of workplace delegate inserted by PR774786 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

18. Superannuation

[Varied by PR743363, PR771350, PR794768]

18.1 Superannuation legislation

[18.1 substituted by PR771350 ppc 09Apr24]

(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

18.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.

18.4 Superannuation fund

[18.4 varied by PR771350; substituted by PR794768 ppc 23Jan26]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) AustralianSuper; or

(b) CareSuper; or

(c) Australian Retirement Trust; or

(d) HOSTPLUS Superannuation Fund; or

(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(f) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Penalty Rates