IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerned an application by the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) to vary Division A of the Welfare and Voluntary Agencies Award to include special leave and 3 percent superannuation provisions.

Following preliminary hearings and discussions between the parties the claim by the FMWU was resolved to the extent that an agreed draft proposal on superannuation (exhibit TCI 1) was submitted to the Commission to be included as an appendix to Division A.

The agreement of the parties, requested to be endorsed by the Commission, contemplates two funds, "HESTA" and "Tasplan" both of which comply with the Commonwealth Operational Standards for Occupational Superannuation Funds.

Similarly contributions by employers, to be made on the basis of 3 percent of ordinary time earnings, accords with the dicta of the Wage Fixing Principles.

The provisions of that part of the agreement dealing with "Exemptions" from HESTA and Tasplan are to be reworded by the parties to reflect the intention of the Commission to decide exemption applications that may be made by employers to either the Tasmanian Confederation of Industries or the FMWU.

I would anticipate that the parties themselves will vet the applications that may be made in the first instance before lodging them in the Commission.

Intention to seek exemption from the nominated schemes will be required to be notified to the FMWU no later than 30 March 1989.

The operative date of the appendix to Division A of the award will be from the beginning of the first pay period to commence on or after 15 March 1989.

It will be necessary for the parties to submit an appropriate draft order to reflect the decision of the Commission in respect of exemptions.

R K Gozzi
COMMISSIONER