Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T5942

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for awards and variation of awards

Tasmanian Chamber of Commerce and Industry Limited
(T5942 of 1995)

CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

 

PRESIDENT F D WESTWOOD

27 NOVEMBER 1995

Award variation - exemption from nominated superannuation fund

REASONS FOR DECISION

In this matter the Tasmanian Chamber of Commerce and Industry Limited sought to vary the Superannuation clause of the Clerical and Administrative Employees (Private Sector) Award to enable employees of Airlines of Tasmania Pty Ltd to choose to have their superannuation contributions paid into either the award nominated superannuation fund, Tasplan, or into an alternative complying superannuation fund, the Market Leaders Fund.

Ms Thomas, appearing for the applicant, tendered Exhibit TCCI.1 which indicated that the fund proposed, the Market Leaders Fund, complied with the conditions set out in the Superannuation Entities (Taxation) Act 1987 (formerly the Occupational Superannuation Standards Act 1987). Additionally she tendered statutory declarations signed by all the employees of Airlines of Tasmania Pty Ltd which indicated the desire of all but two of those employees covered by this award to direct occupational superannuation contributions made on their behalf to the Market Leaders Fund. A summary of the respective benefits and performance of the two funds had been given to employees and all had signed statements indicating their preference. Ms Thomas indicated that the two employees wished to retain membership of Tasplan, the nominated fund. The company, she said, was prepared to make superannuation contributions into both funds.

Mrs Dowd, for the Australian Municipal, Administrative, Clerical and Services Union, whilst not objecting to the application, expressed concern that at least two names contained in the documentation dealing with the change were not employees covered by the award.

A further hearing was scheduled to provide the Chamber with time to verify those who were covered by the award.

At the resumption of the hearing it was explained that the names of the two employees who were not subject to the award had been deleted from the application. Mr Watson, appearing in place of Ms Thomas, proposed a mechanism which would overcome potential award problems associated with the payment into two funds. He requested an operative date for the variation of the award to be from the commencement of the first full pay period on or after the date of this decision.

Although the use of more than one fund is not the most desirable administrative result for the company, its undertaking to continue to make contributions to Tasplan on behalf of those who wish to remain with that fund is, I consider, the fairest result for all parties.

In the circumstances I am satisfied that the application is in accordance with the specific requirements of section 32 of the Act and the application is approved and the award will varied accordingly.

The necessary order is attached operative from the first full pay period commencing on or after today's date.

 

F. D. Westwood
PRESIDENT

Appearances:
Ms J Thomas and later Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited for and on behalf of Airlines of Tasmania Pty Ltd
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services

Union

Date and place of hearing:
1995
Hobart:
November 22, 27