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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.37

Records -- superannuation contributions

         (1)   For subsection 535 (1) of the Act, if an employer is required to make superannuation contributions for the benefit of an employee, a kind of employee record that the employer must make and keep is a record that specifies:

                (a)    the amount of the contributions made; and

               (b)    the period over which the contributions were made; and

                (c)    the date on which each contribution was made; and

               (d)    the name of any fund to which a contribution was made; and

                (e)    the basis on which the employer became liable to make the contribution, including:

                          (i)    a record of any election made by the employee as to the fund to which contributions are to be made; and

                         (ii)    the date of any relevant election.

         (2)   In subregulation (1):

contributions does not include a contribution in respect of a defined benefit interest (within the meaning of the Superannuation Industry (Supervision) Regulations 1994 ) in a defined benefit fund (within the meaning of the Superannuation Industry (Supervision) Act 1993 ).

Note    Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 deal with infringement notices relating to alleged contraventions of civil remedy provisions.



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