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the MEA - ASU NSW

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D13 Self Help Organisation United Toge<strong>the</strong>r (SHOUT)The following additional terms are only binding on Self Help Organisation United Toge<strong>the</strong>r(SHOUT) and <strong>the</strong> employees of Self Help Organisation United Toge<strong>the</strong>r (SHOUT)Salary Packaging1 Where agreed between <strong>the</strong> employer and a full-time or part-time employee, an employermay offer salary packaging in respect of salary. Nei<strong>the</strong>r <strong>the</strong> employer nor <strong>the</strong> employeemay be compelled to enter into a salary packaging agreement.2 Salary packaging shall mean that an employee will have part of <strong>the</strong>ir salary packaged intoa fringe benefit which does not constitute a direct payment to <strong>the</strong> employee but is payableto a bona fide third party.3 The terms and conditions of such a package shall not, when viewed objectively, be lessfavourable than <strong>the</strong> entitlements o<strong>the</strong>rwise available under <strong>the</strong> award and shall be subjectto <strong>the</strong> following provisions:(a) <strong>the</strong> employer shall ensure that <strong>the</strong> structure of any agreed remuneration packagecomplies with taxation and o<strong>the</strong>r relevant legislation;(b) where <strong>the</strong>re is an agreement to salary package, <strong>the</strong> agreement shall be in writingand made available to <strong>the</strong> employee;(c) <strong>the</strong> employee shall have access to details of <strong>the</strong> payments and transactions madeon <strong>the</strong>ir behalf. Where such details are maintained electronically, <strong>the</strong> employee shallbe provided with a printout of <strong>the</strong> relevant information;(d) <strong>the</strong> employer has <strong>the</strong> right to vary or withdraw from a salary packaging agreementand/or withdraw from offering salary packaging in <strong>the</strong> event of amendments tolegislation that are detrimental to, or increase <strong>the</strong> costs of, salary packagingarrangements;(e) in <strong>the</strong> event that <strong>the</strong> employer withdraws from a salary packaging agreement, <strong>the</strong>individual employee’s salary will revert to that specified in <strong>the</strong> Rates of Pay of <strong>the</strong><strong>MEA</strong>;(f) notwithstanding any of <strong>the</strong> above arrangements, <strong>the</strong> employer or employee maycancel any salary packaging agreements by <strong>the</strong> giving of one month’s notice ofcancellation to <strong>the</strong> o<strong>the</strong>r party;(g) <strong>the</strong> calculation of entitlements concerning occupational superannuation and annualleave loading on annual leave, will be based on <strong>the</strong> value of <strong>the</strong> employee's totalsalary as outlined in <strong>the</strong> Rates of Pay of <strong>the</strong> <strong>MEA</strong>;(h) unless <strong>the</strong>re is agreement between <strong>the</strong> employer and <strong>the</strong> employee to <strong>the</strong> contrary,all salary packaging arrangements shall cease during any period of leave without pay,including periods of unpaid sick leave.Community Sector Multiple Business Agreements 2006

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