IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This decision confirms that given in transcript which was to vary the Cleaners Award by adding an appendix to it reflecting 3 per cent superannuation arrangements.

The terms of the appendix conform with the dicta contained in the Wage Fixing Principles.

A particular issue of concern to me related to the qualifying period fox which an employee is required to be employed before contributions are made into the nominated fund (the Australian Retirement Fund).

As the parties are aware, there was some considerable discussion and debate on this matter during the proceedings.

My main concern is that if there is an ongoing employment relationship with the employer, the employee should not be disadvantaged by foregoing service.

As indicated in the proceedings I was not prepared to hold up the agreed provisions and in so doing disadvantage employees by not granting the variation sought by the parties.

However I do consider qualifying periods an important issue, one which is deserving of close attention by all.

It may well be that fox one ox more of the reasons advanced in these proceedings that a certain qualifying period is appropriate, however, I must say that I am not satisfied that this is necessarily the case. Some further elaboration would be required for me to accept that after a qualifying period prior service should not be recognised.

That is a view that I will not force on the parties in this matter which after all is before the Commission by consent.

However, it was pleasing to note, given my concerns, that the parties may further discuss this issue. Leave is reserved to the parties in that regard.

Leave Reserved is also granted to the parties to address the appropriate provisions to be included in the award should some employers not observe what has now been made law. I indicate however that breach of award matters are not dealt with in the Commission as the parties are obviously aware.

On the question of exemption from the approved ARF scheme, I confirm that it will be necessary for the parties to address the Commission should any employer seek to contribute into another fund. Accordingly clause 9 - Exemptions, has been retained in the Appendix on that basis.

Finally, the appendix will be amended as discussed in the proceedings. That is "Area and Incidence" will be deleted and Definitions - Clause 2 (iv) amended to incorporate the scope of the award.

My order, operative from the beginning of the first full pay period to commence on or after 15 March 1989 is attached.

R.K. Gozzi
COMMISSIONER