Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 3 - Salaries and Related Matters

33. Tertiary Education Superannuation Scheme (TESS)

The following provisions of this clause relate only to that component of the University's contributions to superannuation funds in respect of a staff member that would otherwise be payable under the Tertiary E ducation Superannuation Scheme - Superannuation Award 1988 were it not for this Agreement.

33.1 Definitions

For the purposes of this clause:

“The Fund” means UniSuper, a superannuation fund formed by the merger of the Tertiary Education Superannuation S cheme and the Superannuation Fund for Australian Universities in accordance with the successors fund provisions of the Superannuation Industry (Supervision) Act 1993 (Cth.).

“Ordinary time earnings” means:

1. the rate of salary prescribed in this Agreem ent for the staff member's classification; and
2. any other payment that is superannuable at the date of commencement of this Agreement or which subsequently becomes superannuable whether by agreement or by arbitration.

“Casual staff member” means a st aff member who is employed for less than 100 hours by the University between 1 January and 30 June or 1 July and 31 December in any one year.

33.2 Contributions to the Fund

33.2.1 The University shall contribute to the fund in respect of each staff membe r subject to this Agreement a payment of 3 per cent of ordinary time earnings. Provided that where the contract of a staff member is such that the staff member will not necessarily be employed by the University for 100 hours or more between 1 January and 30 June or 1 July and 31 December in any one year, the University shall not be liable to make regular deductions. In such cases the University shall assess retrospectively, in January or July as the case may be, whether the staff member is or is not a cas ual staff member for the purposes of this clause. If the staff member is not excluded by reason of being a casual staff member, then the University shall forward 3 per cent of the ordinary time earnings of the staff member during the relevant period to th e Fund not later than two months after the end of the relevant qualifying period.

33.2.2 Contributions are to be made whilst staff members are receiving pay, including:

• periods of paid absence; and
• whilst on workers compensation provided the staff membe r is receiving “make-up pay” under the provisions of this Agreement or under the provisions of a relevant Act.

33.2.3 If the staff member's salary whilst on paid leave is less than 100 per cent of ordinary time earnings, the University's contributions dur ing that period shall be 3 per cent of that salary.

33.3 Cessation of Contributions

Where a staff member ceases Employment the University shall not be liable to make contributions with respect to that staff member after the last date of Employment.

33.4 Staff Member Contributions

Staff members subject to this Agreement who are admitted to membership of the Scheme who wish to make contributions to the Fund additional to those being paid by the University pursuant to clause 40.2 above shall be entitled to authorise the University to deduct from the staff member's wages or salary amounts specified by the staff member in accordance with the terms of the Trust Deed governing the Fund and any regulations made thereunder.

33.5 Exemptions

The terms of this cla use shall not apply to:

• casual staff members as defined in this clause; and
• staff members in respect of whom the University contributes or is required to contribute a superannuation payment to a State or Commonwealth or Territory Government Superannuatio n Scheme, provided that staff members in respect of whom the University, by virtue of its adherence to the Trust Deed of the Fund, is required to contribute to Division A, B or C of the Fund shall not be exempt.