T2081 - 23 August
|
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
In my decisions1 varying respective Divisions of the Produce Award to provide for 3 per cent occupational superannuation I included a mechanism for those subject to the award to seek exemption from the approved funds nominated by the parties and endorsed by the Commission. In this matter the Tasmanian Confederation of Industries sought exemptions for several companies from the funds specified in the award. Mr Sertori established to the satisfaction of the Commission that in each instance good reasons exist for exemptions to be granted. A brief commentary on each of the additional funds requested to be included in the award is appropriate. Glaxo Australia Pension Fund Glaxo (Australia) Pty Ltd have provided superannuation for employees since 1940. This fund has been upgraded to accommodate occupational superannuation; and has been approved by the Insurance and Superannuation Commission. Only some eleven employees have their employment regulated by the Produce Award. I am satisfied that it is in the public interest for those employees to have employer contributions made to the company fund. Australian Farm Superannuation Plan In this instance Mr Sertori requested exemption in favour of this fund for employees of Heazlewood Seed Pty Ltd. The majority of employees are subject to the Pastoral Industry Award where superannuation arrangements are set out in the Pastoral Industry (Superannuation Award) 1988. Mr Sertori also indicated that all employees have been provided with 3 per cent superannuation from 4 July 1988; payment being made to the above fund. In all of the circumstances the Commission is satisfied that it is appropriate for the Australian Farm Superannuation Plan to be inserted as a fund in the Produce Award for Heazlewood employees. UMT Employees Superannuation Fund Mr Sertori informed the Commission that this fund has been given preliminary listing by the Occupational Superannuation Commission. The fund has operated for all employees of UMT since 3 December 1987. Mr Strickland, appearing for the National Union of Storeworkers, Packers, Rubber and Allied Workers, Tasmanian Branch, supported the exemption on the basis that only "a small minority of employees" are subject to the Produce Award and that the union did not consider it desirable for there to be a multiplicity of funds. I am satisfied that it is in the public interest to include this fund in the award for UMT employees. Webster Superannuation Fund Mr Sertori indicated that only ".86 per cent" of Webster employees are subject to the Produce Award. The fund complies with the Occupational Superannuation Standards Act 1987 (Exhibit TC15). The utilisation of this fund has also been endorsed by both the Australian Industrial Relations Commission and the Tasmanian Industrial Commission in other proceedings. The Commission is satisfied that it is in the public interest for this fund to be included in the Produce Award for employees of Webster Limited. Roberts Limited Superannuation Fund Exhibit TC16, presented by Mr Sertori, indicates that this fund has been accepted by the Insurance and Superannuation Commission. Having regard to the details of the fund outlined in the exhibit the Commission is satisfied that it is in the interests of employees for them to have their contributions made to the Roberts Limited Superannuation Fund. The award will be varied accordingly. CARE This is the fund agreed by the parties to have application to Division D only (Clerks) of the Produce Award employed by Clements and Marshall Pty Ltd. I was informed by Mr Sertori that Clements and Marshall have employees under both State and Federal awards. In this case I am satisfied, having regard to the negotiations between the parties, that CARE should be included in the award to meet the requirements of employees and the employer. Conclusion I congratulate the parties on presenting to the Commission detailed information on the funds requested to be exempted from those originally nominated by the parties for the award. The exempted funds will be specified in the appropriate Divisions of the Produce Award. The Order is attached.
R.K. Gozzi 1 T.1926 of 1989 dated 6 July 1989
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||