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Tasmanian Industrial Commission

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T2896 - 25 October

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Tasmanian Confederation of Industries
(T.2896 of 1990)

QUARRYMENS AWARD

 

COMMISSIONER P A IMLACH

25 October 1991

Labour on-costs - 3% occupational superannuation - exemptions

REASONS FOR DECISION

On 9 August 1991 the Commission issued a decision granting exemptions to various companies from contributing to the occupational superannuation fund nominated in the Quarrymens Award (Tasplan).

In all but one case the Award's requirements for the granting of exemptions had been met in that the alternate funds specified had been approved in accordance with Commonwealth Operational Standards for occupational superannuation funds.

One company, Besser Tasmania Pty Ltd (the Company) was not granted an exemption at that time because of its inability to produce documentary evidence of its alternate fund's compliance with those standards. The Company's application was subsequently reserved and put aside for consideration when and if such documentation became available. This was done on the basis that the Company had in fact submitted the relevant documentation to the Insurance and Superannuation Commission (the ISC) and had not been able to secure a letter of preliminary `listing' because of the ISC's backlog of claims for such letters.

The alternate fund specified was the Goliath Portland Cement Co. Ltd Supplementary Superannuation Fund.

On 26 September the Confederation forwarded a copy of the ISC's approval granting preliminary listing of the alternate fund wherein the ISC acknowledged some responsibility for the delay in granting the preliminary listing.

I am now satisfied that, in relation to the Company, the Award's requirements for the granting of exemptions have been met and the award will be varied accordingly operative from 9 August 1991.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
D Hayes for The Australian Workers' Union, Tasmania Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
January 29.