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IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T2138 & 2150 of 1989 IN THE MATTER OF APPLICATIONS BY THE BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALIA (TASMANIAN BRANCH) AND THE AMALGAMATED SOCIETY OF CARPENTERS AND JOINERS OF AUSTRALIA, TASMANIAN BRANCH TO VARY THE BUILDING TRADES AWARD
   
  RE: SUPERANNUATION DIVISION F
   
COMMISSIONER R. J. WATLING HOBART, 11 December 1989
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For The Building Workers'
Industrial Union of Australia
(Tasmanian Branch) and
The Operative Plasterers and
Plaster Workers' Federation of
Australia, Tasmanian Branch
- Mr M. Clifford
   
For The Amalgamated Society of
Carpenters and Joiners of Australia,
Tasmanian Branch
- Mr. A. Grubb
   
For the Tasmanian Confederation of
Industries and The Master Builders'
Association of Tasmania
- Mr. T. Edwards
   
DATE AND PLACE OF HEARING:  
   
16 November 1989        Hobart  
   

Applications T2138 and 2150 of 1989 were made by The Building Workers' Industrial Union of Australia (Tasmanian Branch) and The Amalgamated Society of Carpenters and Joiners of Australia, Tasmanian Branch respectively for the purpose of including a provision for occupational superannuation in Division F of the Building Trades Award.

Mr. M. Clifford representing the BWIU and the Operative Plasterers and Plaster Workers' Federation of Australia, Tasmanian Branch tendered an exhibit which took the form of a draft order. It covered such things as Definitions, Employer Contributions, Employee Contributions, Exemptions and Record of Contributions.

I was informed that the parties had reached an agreement on the contents of Exhibit BWIU1 except for the operative date.

The unions desired an operative date from the day the decision was handed down. Mr. Edwards for the Tasmanian Confederation of Industries and The Master Builders' Association of Tasmania requested that it be from the first full pay period to commence on or after 15 January 1990.

This, he said, would enable the Confederation to notify their members in advance of the operative date of the new provision.

The inclusion in the award of a provision for occupational superannuation as outlined in Exhibit BWIU1 conforms with the Wage Fixing Principles and therefore receives the endorsement of the Commission. However, I do point out that I do not support the procedures for exemption as shown in the draft order and I have made some slight modifications to be consistent with the requirements of the Act.

In granting the applications I also endorse the submission presented by Mr. Edwards in relation to the operative date as I am of the view that the request is not unreasonable.

The Order giving effect to this decision is attached and incorporates the order arising out of matter T2184 of 1989 with an operative date from the first full pay period to commence on or after 15 January 1990.

 

R. J. WATLING
COMMISSIONER