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T2134, T2195 and T2196

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T. 2134, 2195 and 2196 of 1989

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN CONFEDERATION OF INDUSTRIES PURSUANT TO SECTION 29 OF THE ACT TO SETTLE AN INDUSTRIAL DISPUTE WITH THE FEDERATED CLERKS UNION OF AUSTRALIA, TASMANIAN BRANCH

   
 

RE: EXEMPTION OF NOMINATED COMPANIES FROM SUPERANNUATION FUNDS PRESCRIBED IN THE PUBLIC ACCOUNTANTS AWARD

   

COMMISSIONER P A IMLACH

HOBART, 25 January 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Clerks Union of Australia, Tasmanian Branch

- Mr A Grubb

   

For the Tasmanian Confederation of Industries

- Mr W Fitzgerald

   

DATE AND PLACE OF HEARING:

 

17 January 1990 Hobart

 

These matters are Occupational Superannuation exemption claims lodged under Section 29 of the Industrial Relations Act 1984: they were joined on the first hearing day. The claims were for a number of exemptions from contributing to the Occupational Superannuation Funds listed in Clause 17 of the Public Accountants Award.

Mr W Fitzgerald, appearing for the Tasmanian Confederation of Industries (TCI), was able to produce evidence in nearly all cases that the alternate funds proposed were authorised by the Commonwealth Insurance and Superannuation Commission prior to 18 August 1989, as required in clause 17(e) of the Award.

The one outstanding Fund, the Australian Retirement Fund, used by the Hobart Stock Exchange, is nominated in a number of Awards of this Commission as an authorised fund and I therefore accept it.

Mr A Grubb, appearing for the Federated Clerks Union of Australia, Tasmanian Branch (FCU), confirmed that his union agreed with all the submissions put by Mr Fitzgerald and agreed to the exemptions sought.

I am satisfied that all the Award requirements for exemption have been fulfilled and endorse the agreement between the TCI and FCU on these applications.

The Award should be amended so that the companies granted exemption are specified therein together with the funds relating to them: I therefore recommend to the applicants, the TCI, that an appropriate award amendment be sought.

The amendment, if sought, will operate from the date of this decision.

 

P A Imlach
COMMISSIONER