T2896 - 9 August
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries QUARRYMENS AWARD
Labour on-costs - 3% occupational superannuation - exemptions REASONS FOR DECISION This was an application made under Section 23 of the Act by the Tasmanian Confederation of Industries (the Confederation) for a number of companies to be listed in the Quarrymens Award (the Award) as being exempt from the requirement to contribute to the fund nominated in the superannuation clause of the Award, Tasplan. Alternate funds were specified in the application. Mr S Clues, who appeared for the Confederation, produced exhibits in support of the applications for exemption by seven companies. The details were as follows:
In all but one case the Award's requirements for the granting of exemptions had been met in that the alternate funds quoted had been approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds. The Company which has not been able to demonstrate its satisfaction of the Awards requirements is Besser Tasmania Pty Ltd. The Confederation has been unable to produce documentary evidence of the alternate fund's compliance with Commonwealth Operational Standards but did submit that the fund was expecting such approval to be forthcoming having lodged the required documentation with the Insurance and Superannuation Commission (ISC) in December of 1990 - these documents formed part of the exhibits tendered by the Confederation. Some considerable period of time has elapsed since the hearing of this matter in late January of this year specifically to enable the Confederation and the Company time to produce the ISC's approval. This has not occurred and for these reasons I am not prepared, at this stage, to grant an exemption to Besser Tasmania Pty Ltd. I am however mindful of the submissions of the Confederation wherein it suggested that the fault did not lie with the Company but with the ISC's backlog of claims for such letters. I will reserve the matter of Besser Tasmania Pty Ltd and will relist the file when such documentation becomes available. The major Union, The Australian Workers' Union, Tasmania Branch (the Union), agreed to the application, contributions to the alternate funds in each case having been made on or prior to 1 August 1990. Mr D Hayes, who appeared for the Union, confirmed that his union agreed to the exemptions sought. Two other unions party to the Award were not represented at the hearing and I have taken it therefore that they also support the exemptions sought. As all the requirements of the Award have been met, I endorse the agreement between the parties and the Award will be amended as requested with the exception of Besser Tasmania Pty Ltd. The amendment will operate from the first full pay period commencing on or after 9 August 1991. Order
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