South Australian Consolidated Acts

SUPERANNUATION ACT 1988 - SECT 43B

43B—Exclusion of benefits under awards etc

        (1)         A person who employs a contributor in employment to which this Act applies cannot be required by or under the Industrial Relations Act (S.A.) 1972 or by an award, industrial agreement or contract of employment to make a payment or payments—

            (a)         in the nature of superannuation; or

            (b)         to a superannuation fund,

for the benefit of the contributor or for the benefit of some other person in respect of the contributor.

        (2)         An award cannot be made or varied under the Industrial Relations Act (S.A.) 1972 on or after 1 July 1992 under which a person who employs, or has employed, a contributor is required to make a payment or payments in respect of a period of employment to which this Act applies occurring before that date—

            (a)         in the nature of superannuation; or

            (b)         to a superannuation fund,

for the benefit of the contributor or for the benefit of some other person in respect of the contributor.