IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This is a matter which, with a number of others (i.e. T.1030 of 1987, T.1083 of 1987 and T.1154 of 1988, were originally before Commissioner King.

The claim in this instance emanates from an application by the Clothing and Allied Trades Union of Australia for 3% occupational superannuation.

It is a matter of common ground that the Clothing Makers Award has application to a minority of employers engaged in such trade in Tasmania and the parties acknowledge that the State award is influenced by what occurs in the Federal Clothing Trades Award, 1982.

Following a series of negotiations and report back hearings to Commissioner King the parties concerned have finally presented a consent document to the Commission, as presently constituted, for ratification.

Such proposal is taken directly from the Federal award concerned and has therefore been tested in that jurisdiction.

Additionally the parties have been able to satisfy me that even though a flat amount (rather than a percentage of ordinary pay) has been adopted, the figures presented do not in the result, exceed the limit of 3% prescribed by the Principles of Wage Fixation.

Mr Smith addressed this issue at page 24 of transcript as the following exchange illustrates, inter alia:

"MR SMITH:
These amounts have been extracted from the federal award, Mr Deputy President, and as you can see there are three categories, one for full-time employees, one for part-time and casual employees working up to 30 hours and for part-time and casual employees working 30 or more hours per week. And in each case there are contributions for adults and juniors.

DEPUTY PRESIDENT:
How do they stand in relation to the 31 limit?

MR SMITH:
In terms of an averaged payment across all the classifications I would believe that they would accurately reflect a 3z contribution, Mr Deputy President."

and later:

"MR SMITH:
Perhaps if I can put it to you on this basis, Mr Deputy President, that the parties are agreed in terms of a flat amount. They also agreed that in essence that contribution should not be in excess of 3% ..."

Employer contributions are to be made to two funds, i.e. TASPLAN or the Australian Retirement Fund. Alternative funds may only be considered where:

(a) Such fund is approved in accordance with the Commonwealth Operational Standards for Occupational Funds; and

(b) An employer is already, at the time this clause is included in the award, paying on behalf of eligible employees an occupational superannuation contribution of not less than 3% of ordinary time earnings into an alternative fund; or

(c) An alternative fund is in use for the majority of employees in a particular establishment.

However the agreed clause provides that where an employer seeks to use an alternative fund, the matter shall first be referred to the Tasmanian Industrial Commission for determination.

Having satisfied myself that the proposal submitted satisfied the requirements of Wage Fixation Principles and public interest, the award will be varied accordingly.

OPERATIVE DATE

This variation shall have effect from the first full pay period to commence on or after 3 October 1989.

Order will follow.

A. Robinson
ACTING PRESIDENT