Queensland Consolidated Acts

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LOCAL GOVERNMENT ACT 2009 - SECT 219

219 Compulsory super contributions

(1) If the Commonwealth Super Act requires either of the following to make superannuation contributions for a permanent employee, the superannuation contributions must be paid into the LG super scheme—

(a) a local government (other than the Brisbane City Council);
(b) a local government entity.

(2) An employee of a local government entity is a permanent employee if the local government entity declares the employee to be a permanent employee by a written notice given to the super board.

(3) An employee of a local government (other than the Brisbane City Council) is a permanent employee if the employee has been continuously employed by the local government, or by the local government and other local governments or local government entities consecutively, for—

(a) at least 1 year; or
(b) less than 1 year, but the employee has given the local government a membership notice.

(4) A membership notice is a written notice given to the local government and the super board by the employee electing to become a permanent employee for this part.

(5) An employee is not continuously employed if the super board is satisfied that—

(a) the employee's employment is broken by at least 60 consecutive days when the employee was not employed by a local government or local government entity, and the employee is not in a position to accept an offer of employment by a local government or local government entity; or
(b) the employee—
(i) is no longer employed by a local government or local government entity; and
(ii) has no intention of taking up employment with a local government or local government entity.

(6) An employee is not a permanent employee if—

(a) the employee is employed by a local government or local government entity only to carry out work on a particular job or project; and
(b) the employee's employment is dependent on the time taken to carry out the job or project.

(7) Also, an employee is not a permanent employee if the employee is employed by a local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.



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