IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications by the Australasian Meat. Industry Employees Union, Tasmanian Branch (the AMIEU) sought the variation of the Meat Trades Award and the Abattoirs Award to include in those awards a 3 per cent superannuation provision in accordance with the Superannuation Wage Fixing Principle.

Following initial hearings and subsequent conferences under the guidance of the Commission the majority of matters in issue were resolved between the parties.

On resumption of proceedings on 17 January 1989 Mr Edwards appearing for the Meat and Allied Trades Federation of Australasia, Tasmanian Division (MATFA) and the Tasmanian Confederation of Industries (TCI) submitted draft proposals for the variation of the awards.

Mr Swallow for the AMIEU indicated his substantial agreement with these proposals. Following a further conference all issues were resolved between the AMIEU, MATFA and the TCI.

However, Mr Warn appearing for the Transport Workers Union of Australia, Tasmanian Branch (TWU) apprised the Commission of that organisation's view that members and those eligible to be members of the TWU, employed subject to the award, should have their 3 per cent superannuation contributions paid into the Transport Workers Superannuation Fund.

Mr Warn also submitted that the 3 per cent employer contribution should be based on the award classification for drivers of a "over 3 tonnes but under 6 tonnes" motor vehicle, i.e. -$320.10 per week.

The rate of pay for that classification is less than that for the General Butcher classification - ($343.80 a week); which is the weekly amount agreed to be applied by Mr Swallow and Mr Edwards.

Whilst the 3 per cent, in accordance with Superannuation Principle (a) (ii) should not exceed " a wage increase in excess of 3 per cent of ordinary time earnings of employees" I am satisfied that the deduction of $10.50 a week for employees ( pro rated for juniors) complies with that dicta when the overall amount of the payroll is taken into account.

It is to be noted also that in matters before the Commission the parties have generally relied upon the General Butcher classification for benchmark purposes.

As for the payment of employer contributions to the Superannuation Fund established by the TWU, I support the submissions of Mr Edwards and Mr Swallow that all contributions, with the exception of those to be made by the Hawkridge group of companies, are to be remitted into the Tasplan scheme.

It is accepted by me that throughout the meat industry in this State where the awards in question have application, that the TWU have very few members (estimated by Mr Swallow to be around 12). During the meat season some 2000 people are employed.

On that basis there is no justification, in my opinion, for an exception to be made for a separate additional fund to operate.

With regard to employees of Hawkridge Meat Company Pty Ltd, contributions made on their behalf will go to the Gilbertson Group Employee Superannuation Fund.

This fund has been in existence for many years and satisfies "the relevant fund conditions set out in the Occupational Superannuation Standards Act 1987". Exhibit TCI 3 refers.

In this matter Mr Edwards has agreed to draw draft orders to be forwarded to the Commission for endorsement.

The operative date of my decision will be the first pay period to commence on or after 15 February 1989.

The orders will issue in due course.

RK Gozzi
COMMISSIONER