Document ID: chunk:federal_register_of_legislation:C2022C00095:section:32c:p4
Version: federal_register_of_legislation:C2022C00095
Segment Type: section
Provision Reference: s 32C (pt 4/5)
Character Range: 93982–96691

(e) an old IR agreement; or
 (f) an ITEA; or
 (g) if subsection (6AAA) applies—a workplace determination made before 1 January 2021; or
 (h) if subsection (6AAA) applies—an enterprise agreement made before 1 January 2021; or
 (i) an award mentioned in paragraph 2(2)(a) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
 (j) a State reference transitional award or common rule.
Note: A number of the expressions used in this subsection are defined in section 12A by reference to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009.
 (6AAA) For the purposes of paragraph (6)(g) or (h), this subsection applies if, at the time the contribution (or part of the contribution) is made, the most recent notification to the employer:
 (a) by the Commissioner; and
 (b) relating to a request by the employer (or by the employer's agent) for the Commissioner to identify any stapled fund for the employee;
is that the Commissioner is satisfied that there is no stapled fund for the employee.

Contributions previously covered by paragraphs (6)(g) and (h)
 (6AA) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if:
 (a) at the time the contribution is made, there is no chosen fund for the employee; and
 (b) the fund is a fund to which the employer has previously made contributions, in compliance with the choice of fund requirements under paragraph (6)(g) or (h), for the benefit of the employee.

Contributions under notional agreements preserving State awards
 (6A) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made:
 (a) under, or in accordance with, a notional agreement preserving State awards; and
 (b) in respect of salary or wages paid before 1 July 2006.
Note: A number of the expressions used in this subsection are defined in section 12A by reference to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009.

Contributions under preserved State agreements
 (6B) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made under, or in accordance with, a preserved State agreement.
Note: A number of the expressions used in this subsection are defined in section 12A by reference to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009.