T2033

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T.2033 of 1989		IN THE MATTER OF AN APPLICATION BY THE TASMANIAN INDUSTRIAL COMMISSION TO VARY THE MEAT TRADES AWARD

		RE: SUPERANNUATION

COMMISSIONER R.K. GOZZI		HOBART, 4 September 1989

REASONS FOR DECISION

APPEARANCES:

For the Australasian Meat Industry Employees Union, Tasmanian Branch		- Mr J Swallow

For the Transport Workers' Union of Australia, Tasmanian Branch		- Mr G Warn

For the Tasmanian Confederation of Industries		- Mr T J Edwards

For the Meat and Allied Trades' Federation of Australia, (Tasmanian Division)		- Mr M Flynn

DATE AND PLACE OF HEARING:

24 August 1989	Hobart

In matter T.1980 of 1989 - I granted leave to the parties to bring before the Commission the question of an exemption for employers and employees who are part of the religious fellowship known as Exclusive Brethren.

Accordingly this application now before the Commission seeks the variation of the Meat Trades Award to include an additional subclause in the Exemptions clause which would enable the Registrar to issue a certificate pursuant to Section 32(9) of the Industrial Relations Act, 1984 (the Act) to employees who belong to the Brethren.

The reason for the Certificate is to facilitate an employer to make Occupational Superannuation Contributions to the fund identified as the CIS Superannuation Deed BR1188.

This scheme has been designed for and is available only to Brethren employers and to Brethren employees of non Brethren employers.

The question of the validity of any certificate that may be issued by the Registrar was raised in these proceedings by the Commission. This arose because subsection 32(8) of the Act relates to circumstances where a particular person or class of persons may be exempted from belonging to an organisation where the award contains preferential employment provisions.

It could be held that certificates issued in accordance with subsection 32(9) of the Act relate to the subject matter identified in subsection 32(8). Therefore certificates that may be issued by the Registrar on this issue to the Brethren, may not be valid.

Mr Edwards considered that the Commission in this instance should not withhold approval of the variation requested to be made as the Meat Trades Award contains Preference of Employment provisions. Mr Edwards suggested that this provision would facilitate the issue of a certificate by the Registrar in respect of superannuation provisions in the award which enable exemption from the nominated funds.

Whilst that submission does not address the fundamental question of the validity of certificates that may be issued by the Registrar for matters other than those contemplated by subsection 32(8) of the Act, I agree with the parties that I should facilitate in this award the mechanisms for the Brethren to utilise "their" fund.

My order reflecting that intention, operative from the first pay period to commence on or after 15 February 1989 will issue shortly.

RK Gozzi
COMMISSIONER

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