T6445
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited CLERICAL AND ADMINISTRATIVE EMPLOYEES
Award variation - exemption from nominated superannuation fund REASONS FOR DECISION This application by the Tasmanian Chamber of Commerce and Industry Limited was for the inclusion in the Superannuation Clause of the Clerical and Administrative Employees (Private Sector) Award of a provision to exempt the employer Starwood Australia Pty Ltd from the requirement to contribute to the Retail Employees Superannuation Trust or TASPLAN in favour of contributing to the Market Leaders Fund. Ms Thomas, representing the applicant, tendered Exhibit TCCI.1 which indicated that the chosen fund, 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 a statutory declaration which confirmed the desire of the only employee of the company engaged under this award to direct occupational superannuation contributions made on her behalf to the Market Leaders Fund in lieu of the award nominated superannuation fund. An operative date of 26 August 1996 was sought. Ms Thomas also requested that the application be amended to enable a correction to be made to the award following the issue of Order No. 1 of 1996 involving the numbering of the Superannuation clause. Mrs Dowd for the Australian Municipal, Administrative, Clerical and Services Union supported the submissions made by Ms Thomas. As the requirements of section 32(1B) of the Act have been met to the satisfaction of the Commission, the exemption from making contributions into one or other of the award nominated occupational superannuation funds is granted in favour of the Market Leaders Fund, operative from 26 August 1996. In addition, the award will be amended by renumbering the Superannuation clause. The relevant order is attached.
F D Westwood Appearances: Date and place of hearing: |