New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 368

368 Order for recovery of unpaid superannuation

(1) An industrial court may, on application, order an employer, who employs any person to do any work for which the employer is required under an industrial instrument to make a contribution to a superannuation fund on behalf of the person, to make a payment to or in respect of that person for the purpose of restoring the person, as far as practicable, to the position that the person would have been in had the employer not failed to make the contribution.

(2) Without limiting the generality of subsection (1), an order under this section may direct the employer to pay to the relevant superannuation fund--

(a) the amount of the contribution that is unpaid, and

(b) the amount that, in the opinion of the industrial court, would have accrued in respect of the contribution in the fund had it been paid to the fund when due.

(3) If, at the time an order is made, the employee no longer works for the employer, the industrial court may order the employer to pay the relevant amounts to a superannuation fund nominated by the former employee.

(4) A certificate signed, or purporting to be signed, by a trustee of a superannuation fund, or by an agent of such a trustee, as to--

(a) the amount of contribution that has been, or should have been, paid in respect of an employee for a particular period of time, or

(b) the eligibility of an employee for membership of the fund, or

(c) the amount that would have accrued in respect of a contribution or a series of contributions had it been in the fund over a particular period,

is evidence of the matters stated in the certificate.