IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Application T2250 of 1989 was made by The Hospital Employees Federation of Australia, Tasmania Branch for the purpose of inserting a provision in the Dentists Award for occupational superannuation.

The parties presented Exhibit (HEF1) being an agreed position on such matters as:

(a) The amount of contribution to be paid by the employer on behalf of employees.

(b) The approved funds into which contributions are to be paid.

(c) The employees eligible to have contributions made on their behalf.

(d) The definition of 'ordinary time earnings'.

(e) A provision for contributions to be placed in other approved funds apart from those so nominated after seeking and being granted an exemption by the Commission.

(f) Other administrative provisions.

After studying the draft proposal presented by the parties concerned in this matter, I am satisfied that both public interest requirements pursuant to Section 36 of the Act, and the criteria established by the Wage Fixation Principles have been met.

Accordingly I have decided to approve the application in the form set out in Exhibit HEF1.

The Order giving effect to this decision is attached.

Application T2394 of 1990 was made by the Tasmanian Confederation of Industries for the purpose of inserting a specific provision in this award relating to occupational superannuation for members of the religious followship known as the Exclusive Brethren.

The application sought to include the following subclause in the superannuation provision arising out of application T2250 of 1989:

"Notwithstanding anything elsewhere contained in this clause an employee who is able to demonstrate to the employer their bona fide membership of the religious fellowship known as Exclusive Brethren shall have the contributions defined in subclause (a)(i) of this clause paid into the fund known as CLS. Superannuation Deed BRI188 being a scheme approved by the Insurance and Superannuation Commission."

After studying the draft proposal presented by the parties concerned in this matter, I am satisfied that both public interest requirements pursuant to Section 36 of the Act, and the criteria established by the Wage Fixation Principles have been met.

Accordingly I have decided to approve the application in the form set out in Exhibit HEF1.

The Order giving effect to this decision is attached.

Application T2394 of 1990 was made by the Tasmanian Confederation of Industries for the purpose of inserting a specific provision in this award relating to occupational superannuation for members of the religious followship known as the Exclusive Brethren.

The application sought to include the following subclause in the superannuation provision arising out of application T2250 of 1989:

"Notwithstanding anything elsewhere contained in this clause an employee who is able to demonstrate to the employer their bona fide membership of the religious fellowship known as Exclusive Brethren shall have the contributions defined in subclause (a)(i) of this clause paid into the fund known as CLS. Superannuation Deed BRI188 being a scheme approved by the Insurance and Superannuation Commission."

Mr. S. Clues of the Tasmanian Confederation of Industries tendered Exhibit TC15 in support of the application. The exhibit went to the question of the beliefs and practices of the Brethren and their inability to associate with non-Brethren.

He informed the Commission that the new provision did not exclude members of the Brethren from securing the benefits of superannuation, but enabled their contributions to be placed in a specific fund from the same operative date as that already agreed to by the parties arising out of application T2250 of 1989.

Mr. Clues stated that he had made enquiries and as a result he had established there was at least one dentist in the Launceston district that employed a person who was a member of the Exclusive Brethren.

The application was opposed by Mr. R. Warwick of The Hospital Employees Federation of Australia, Tasmania Branch who was of the opinion that Mr. Clues had not adequately established the need for the provision and, in any case, the matter should be dealt with in accordance with the exemptions clause.

I am prepared to accept the submission made by Mr. Clues relating to the need for the clause based on the fact that a member of the Brethren is employed in the industry covered by the scope of this award and the provision sought is not inconsistent with the Wage Fixing Principles nor does it offend the public interest requirements of the Act.

I reject the union's submission that this matter should be dealt with via the exemptions provision contained in the superannuation clause because that provision deals with:

(a) exempting employers from the specific funds designated in the award; and

(b) it would be inappropriate to invoke that clause to determine whether or not an employer employs persons who are members of the religious fellowship known as the Exclusive Brethren.

For those reasons, the application is granted and the Order giving effect to this decision will be incorporated in the Order arising out of matter T2250 of 1989.

R.J. Watling
COMMISSIONER