T7006
|
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 enable an employer, the Royal Australian Institute of Architects, Tasmanian Chapter, to contribute to the National Mutual Tailored Superannuation Fund in respect of one of its two employees in lieu of the award nominated superannuation funds of Tasplan and the Retail Employees Superannuation Trust. Ms Thomas, representing the applicant, stated that the employee subject of the application had indicated her wish to have superannuation funds paid into the National Mutual Tailored Superannuation Fund, and Mrs N Calder, the employee concerned, confirmed Ms Thomas submission. Ms Thomas tendered as an exhibit a statutory declaration signed by the company secretary of the Royal Australian Institute of Architects, Tasmanian Chapter, stating the names of the two employees of that organisation. As well, Ms Thomas tendered an exhibit, a copy of a document from the Insurance and Superannuation Commission, which indicated that the chosen fund, the National Mutual Tailored Superannuation Fund, complied with the conditions set out in the Superannuation Entities (Taxation) Act 1987, formerly the Occupational Superannuation Standards Act 1987. As required by the Industrial Relations Act 1984, Ms Thomas submitted that she had consulted with other parties who have an interest in the award, and in this regard referred to a letter she had received from the Australian Municipal, Administrative, Clerical and Services Union which supported the application. A copy of the letter from the union was tendered as an exhibit. In relation to the date of operation of the award variation, Ms Thomas sought a retrospective date and referred to section 37(5) of the Act which states that the Commission may grant retrospectivity if special circumstances exist. In this regard, she said the special circumstances were that the Institute, at the request of Mrs Calder, had made superannuation contributions since 20 July 1996 in accordance with the Institute's national arrangements into the National Mutual Tailored Superannuation Fund. She said a retrospective date of operation would validate the employee's choice of fund. I am satisfied that this application meets the requirements of section 32 of the Act in that the superannuation fund concerned is a complying superannuation fund and that the employee concerned is aware of the conditions of that fund and the award approved fund, which the Institute had been using, Tasplan. The proposed variation will enable the employee concerned to combine her occupational superannuation contributions with her personal superannuation fund. The public interest provisions of the Act are not contravened in this case. Given these special circumstances I am prepared to approve this application and I consider the requirements of section 37(5) of the Act are satisfied sufficiently to enable me to give retrospective effect to the variation. Accordingly the award will be amended in accordance with the application with effect from 20 July 1996. The order is attached.
F D Westwood Appearances: Date and place of hearing: |