IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

The consent variations to the Miscellaneous Workers Award to include 3 per cent superannuation provisions is endorsed by the Commission.

The draft order submitted by Mr O'Brien, appearing for the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, to all intents and purposes complies with the Principle relating to superannuation.

On the question of exemptions my views in the Laundrymens Award1 and the Boarding Schools and Student Hostels Award2 matters also apply here.

In this matter, however, two employers to which the award has application have requested the Tasmanian Confederation of Industries as Agent, to seek an exemption from certain aspects of the superannuation provisions agreed to by all others.

Whilst I have agreed to exclude those employers, Classic Video trading as Video City and Impulse Video Warehouse, I indicate that there would indeed have to be very compelling circumstances for those employers not to be subject to the provisions now included in the award.

In my opinion compelling circumstances would most likely be limited to advancing an economic incapacity argument, or alternatively there already is in place an established and approved superannuation scheme to which the 3 per cent may be preferred to be paid into.

In any event the operative date, the beginning of the first full pay period to commence on or after 30 March 1989, will apply to the aforementioned employers should a determination be required and which concludes that contributions should indeed be made.

My order will issue in due course.

R.K. Gozzi
COMMISSIONER

1 T.1857 of 1989
2 T.1858 of 1989