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Tasmanian Industrial Commission

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T4504

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Municipal, Administrative, Clerical and Services Union
(T4504 of 1993)

CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

 

PRESIDENT F D WESTWOOD

8 SEPTEMBER 1993

Award variation - superannuation - casual and part-time employees

REASONS FOR DECISION

This application originally included a proposed variation to require employers to make superannuation contributions on behalf of employees at a rate equivalent to that required under the superannuation guarantee legislation of the Commonwealth. At the commencement of the hearing the applicant requested that that part of the application be deleted because of the possible conflict with the Commission's Wage Fixing Principles, and also because the question of award-based superannuation entitlements was currently before a Full Bench of the Australian Industrial Relations Commission. The employer's representative, Mr Abey, agreed with the union's application to amend.

The proposed amendments remaining were designed to enable part-time and casual employees who meet certain eligibility criteria to participate in employer contributed superannuation without first having to complete six months continuous service. The new eligibility criteria required that an employee must earn at least $450 per month, be under 65 years of age, or if they are under 18 years of age, work for 30 hours per week or more. A savings provision was requested to ensure that employees who were entitled to have contributions made on their behalf in accordance with the previous superannuation provisions would, until 1 September 1995, continue to enjoy that entitlement.

Mrs Dowd, for the union, submitted that the changes conformed with the legislation and were in the public interest. There was no conflict with the State Wage Fixing Principles.

Mr Abey indicated the employer's agreement to the variations.

I accept the submissions of the parties and accordingly approve the variation of the award in the manner sought with effect from the first full pay period to commence on or after 1 September 1993. Order

 

F.D. Westwood
PRESIDENT

Appearances:
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Mr. T. J. Abey for the Tasmanian Chamber of Commerce and Industry

Date and place of hearing:
1993
Hobart
August 26