IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application by the Federated Clerks Union of Australia, Tasmanian Branch comprises several matters

(i) 4 per cent second tier
(ii) method of working the 38 hour week
(iii) 3 per cent occupational superannuation.

An interim decision was issued in respect of items (i) and (ii) above on 3 July 1989. At that time the 38 hour week matter and occupational superannuation was stood over at the request of the parties.

When the matter came before me on 31 July 1989 1 was informed by the parties that they had reached agreement on occupational superannuation for Division A only. The hours matter and occupational superannuation for Division B - Salesmen and Managers was requested to be adjourned sine die.

Having agreed to the approach of the parties, this "Further Interim Decision" deals with the variation of Division A in respect of occupational superannuation.

Mr Brotherson appearing for the Tasmanian Confederation of Industries and Mr Fry for the FCU indicated that the nominated funds in this case are requested to be TASPLAN and The Real Estate Institute of Australia Ltd Superannuation Fund (REIA).

Tasplan has long been accepted by the Commission as a complying fund. With regard to the REIA fund I accept exhibit TC12 which demonstrates that this fund is a complying Occupational Superannuation Fund.

The Commission as constituted in this matter is of the view that it should satisfy itself that any nominated fund does indeed meet the necessary guidelines. The manner in which this is undertaken may vary; in some cases written confirmation from the Superannuation and Insurance Commission that a particular fund meets the guidelines has been submitted.

I consider that proof satisfactory where the trust deed itself is not able to be presented for perusal. In the case here the parties have tendered a summary of the REIA fund which clearly stipulates the status of that fund.

The point is that the Commission as constituted in this matter has consistently adopted the view that mere reference to a fund or scheme being approved in accordance with the Commonwealth Occupational Standards for Occupational Superannuation Funds, is not sufficient to enable the Commission to properly satisfy itself that the fund or scheme is indeed an "approved" fund or scheme.

An analogy could be where parties contend that a particular claim fits the dicta of the Wage Fixing Principles.

That in itself may not lead to Commission endorsement (public interest considerations to one side) unless the Commission, as constituted, was able to have demonstrated, to its satisfaction, that the claim meets the necessary requirements of those principles.

I have adverted to the foregoing because in some hearings before me this aspect has been the subject of some debate; and also my intention to include in awards the name of the actual fund to which employer contributions are to be paid.

Similarly I have adopted the approach that any exemptions from approved funds or schemes as contained in the relevant award, should be determined by the Commission. In the event that an exemption is granted by the Commission the fund or scheme is then also included in the award.

In this instant case I am appreciative of the attitude of the parties to the Commission's approach to the exercise of my discretion.

The variation to the Estate Agents Award will be made operative from the first pay period to commence on or after 1 October 1989.

The Order is attached.

R K Gozzi
COMMISSIONER