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T1907

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1907 of 1989 IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS UNION TO VARY THE WELFARE AND VOLUNTARY AGENCIES AWARD
   
  RE: REMOVAL OF QUALIFICATION AND ALTERATION OF DEFINITION
   
COMMISSIONER R K GOZZI HOBART, 19 May 1989
   
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Miscellaneous
Workers Union
- Mr L Brown with
  Mrs P Shelley
   
For the Tasmanian Confederation
of Industries
- Mr. T J Abey
   
DATE AND PLACE OF HEARING:  
   
18 May 1989              Hobart  
   

The matter of the inclusion of 3 per cent superannuation provisions in Division A - Employees of Child Care Centres, Welfare and Voluntary Agencies Award was originally before me in T.1303 of 1988.

In my decision in that matter I dealt with, inter alia, the question of exemptions and I requested the parties to submit an appropriate order to reflect my decision on that issue and others.

That was subsequently undertaken by the parties and the award was varied by the inclusion of an appendix to Division A.

Leave reserved was extended to the parties to further address the definition of "Eligible Employee".

This was sought to be done in the matter currently before the Commission in respect of the elimination of the qualifying period before 3 per cent superannuation contributions are paid by employers.

Because the matters now before me as outlined above stemmed in respect of one issue (Eligible Employee) from an earlier proceeding where leave reserved was granted, some slight confusions arose in the hearing.

However the proposal by the parties to exempt certain child care centres, as specified in the revised Appendix which I will include in the award, is endorsed by the Commission.

The exemptions are predicated on the basis that Huon, Georgetown and Devonport Child Care Centres will adopt award provisions from 1 July 1989.

The remaining exemptions identified in the Appendix are for those existing employees in child care centres who are members of the Municipal Employees Assurance Scheme. Those employees will observe the terms of the Superannuation Agreement between the Municipal Association of Tasmania and Local Government Unions.

In respect of the deletion of the qualifying period before 3 per cent contributions are made and which is contained in the definition of "Eligible Employee" I am pleased to endorse that change.

It is appropriate to record that this consent change, does not reflect the attitude of the Tasmanian Confederation of Industries represented by Mr Abey, beyond Division A of the award.

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

It should be noted that that operative date is the same as previously determined in matter T.1303 of 1988.

 

R K Gozzi
COMMISSIONER