IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

In this matter the Tasmanian Confederation of Industries (TCI sought the variation of Division C of the Produce Award to incorporate 3 per cent occupational superannuation provisions.

As it transpired the application was confined to Division C Group A - Carters and Drivers because in another matter (T.2116 of 1989) an application by the Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch, Group B employees - Engine Drivers, was heard and is subject to decision by the Commission.

With regard to the application as it relates to Division C Group A - Carters and Engine Drivers, Mr Sertori, in his submissions, outlined reasons why that part of the Produce Award should be varied to include occupational superannuation provisions based on 3 per cent of ordinary time earnings.

Mr Hansch, in his submissions (not concluded) indicated that the employers' contribution should be based on the award rate applicable in Victoria to a driver of an over 3 tonne but under 6 tonne vehicle as set out in the Transport Workers Award 1983.

This rate is adjusted from time to time by a "Basic Wage Indexation Factor". Having regard to the foregoing the result is a contribution rate of $14.00 a week.

The factors relied upon by Mr Hansch are of course at odds with the approach advanced by Mr Sertori.

In the circumstances, and prior to Mr Hansch going into depth on his submission, I indicated to the parties that I would consider if I should refer this matter to the President in accordance with Section 24(4) of the Industrial Relations Act 1984 for him to determine whether or not this matter should be referred to a Full Bench.

After carefully considering that aspect I have concluded that I should exercise my discretion for the reasons inherent in subsection 24(b) of the Act.

The parties will be informed of the outcome of the President's deliberations.

R.K. Gozzi
COMMISSIONER