Application
(1) This section applies to a standard employer - sponsored fund (other than a public offer superannuation fund) with fewer than 200 members, where:
(a) the fund is a private sector fund established on or after 16 December 1985; or
(b) the fund is a public sector fund established on or after 25 May 1988; or
(c) if there are 2 or more standard employer - sponsors of the fund--any one of those employer - sponsors is not an associate of any other of those employer - sponsors.
Pre - 1 July 1995
(2) This section does not apply on or after 1 July 1995.
Rules
(3) The fund must comply with:
(a) the basic equal representation rules; or
(b) the alternative agreed representation rule set out in subsection (4).
Alternative agreed representation rule
(4) For the purposes of this section, a fund complies with the alternative agreed representation rule if any of the trustees of the fund are appointed following nomination by agreement between:
(a) either:
(i) the members of the fund; or
(ii) a trade union, or other organisation, representing the interests of those members; and
(b) either:
(i) the employer or employers of those members; or
(ii) an organisation representing the interests of that employer or those employers.