T2377
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This was an application lodged by the Tasmanian Confederation of Industries (TCI) for a variation to the Optical Industries Award (the Award) to provide exemptions from the payment of occupational superannuation contributions to the funds specified in the Award. Mr S Clues, appearing for the TCI, sought exemptions for two companies on the same grounds, but for different reasons. Mr Clues submitted the exemption for Tasmanian Optical Company Pty Ltd (the first Company) had in fact been granted prior to the insertion of the current occupational superannuation clause in the Award. In support of this submission he produced a copy of a decision of 14 July 1988 by the then Commissioner J G King in matter T.1322 of 19881 in which amongst other things, an agreement between the first company and the unions involved for the 3% occupational superannuation contributions from the first full pay period commencing 1 July 1988 was endorsed. Mr Clues submitted that the effect of the decision in T.1322 of 1988 given on 14 July 1988 was to give an exemption to the first company on the basis that it had applied prior to 31 March 1990 and hence it was covered by subclause (c)(i) of the exemption provisions in clause 20 of the Award. As to the TCI's application on behalf of the other company, Corbett and Wilson (the second company), Mr Clues sought exemption on the grounds that it had complied with the requirements of the Award exemptions provisions in that: · the application for exemption had been made prior to 31 March 1990 (on 27 March 1990) and · the proposed alternate fund, the Tasmanian Chamber of Commerce Industry Super Fund had been given preliminary listing by the Commonwealth Insurance and Superannuation Commission. Mr Clues produced documentary evidence that the requirements had been met2. Mr D Fry, appearing for the Federated Clerks Union of Australia, Tasmanian Branch and as authorised agent for the Australasian Society of Engineers, Tasmanian Branch advised that both unions had no objections to the granting of the exemptions. I am satisfied that both companies have complied with the requirements of clause 20 of the Award and their applications for exemption through the TCI are granted. This decision will operate from the first full pay period commencing on or after 1 April 1990. An order is attached.
P.A. Imlach 1 Exhibit S1
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