32Subject-matter of awards

32 Subject-matter of awards

(1)  *[Section 32 Subsection (1) amended by No. 113 of 1986, s. 8 ]*Subject to subsections (1A) and (2) , an award under this Act may contain provisions with respect to any industrial matter.

(1A)  *[Section 32 Subsection (1A) inserted by No. 113 of 1986, s. 8 ]*An award may contain provisions for or with respect to the payment of contributions, whether by an employer or employee or both, to a superannuation fund, but may not contain provisions for or with respect to –

(a) the entitlement of employees to a payment or other benefit under a superannuation fund;

(b) the investment of contributions, whether paid by an employer or employee or both, to a superannuation fund; or

(c) the management of a superannuation fund.

(1B)  *[Section 32 Subsection (1B) inserted by No. 59 of 1992, s. 23 ]*In making or varying an award in relation to payment of contributions to a superannuation fund, the Commission must not refuse to make or vary that award if the superannuation fund –

(a) is a complying superannuation fund; and

(b) is one which the Commission is satisfied meets the wishes of employees.

(1C)  *[Section 32 Subsection (1C) inserted by No. 59 of 1992, s. 23 ]*In making or varying an award in relation to payment of contributions to a superannuation fund, the Commission must ensure that the provisions of the award do not require payment of any amount greater than an amount prescribed by wage fixing principles adopted by the Commission.

(1D)  *[Section 32 Subsection (1D) inserted by No. 59 of 1992, s. 23 ]**[Section 32 Subsection (1D) amended by No. 40 of 1996, s. 3 and Sched. 1 ]*For the purpose of subsection (1B) , complying superannuation fund means a fund –

(a) that is in receipt of a current notice under the Superannuation Entities (Taxation) Act 1987 of the Commonwealth or the Superannuation Industry (Supervision) Act 1939 of the Commonwealth stating that the fund has satisfied the superannuation fund conditions in relation to the most recent completed year of income; or