T2968
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia PUBLIC VEHICLES AWARD
Labour On-Costs - 3% Occupational Superannuation REASONS FOR DECISION This was an application made under Section 23 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) for the insertion of an occupational superannuation clause in Division A of the Public Vehicles Award (the Award). The parties advised the Commission that agreement in principle had been reached and eventually a draft clause acceptable to all parties was settled subject to the following items which were not agreed:
Mr B Hansch, who appeared for the TWU, advised that apart from some more standardised clauses like those inserted in other awards of this Commission in recent times (which were not objected to by him), the wording of the proposed superannuation clause was the same as the Federal Transport Workers (Passenger Vehicles) Award 1984. He submitted that the Public Vehicles Award of this Commission had followed the Federal Award on previous occasions and his Union sought "no more nor no less" than what was provided there: he also pointed out that the Award was a "transport" award and, therefore, the "transport" superannuation provisions were appropriate, especially the provision of a daily contribution rate for casuals. For the same reason Mr Hansch opposed the addition of the fund Tasplan; it was also opposed in the Federal Award matter, he said. Mr J Long, who appeared for the Australasian Society of Engineers supported the TWU's application, but also sought the addition of Tasplan. Mrs H Dowd, who appeared for the Federated Clerks Union of Australia, Tasmanian Branch did not object to the TWU's application, but expressed some concern that, were it successful, there would be two different amounts specified as superannuation payments within the Award since in Division C for clerks, a 3% payment into Tasplan was already specified. Mr S Clues appeared for the Tasmanian Confederation of Industries (the Confederation) and he confirmed agreement to the application in principle, but he stressed the outstanding items upon which the Confederation did not agree. He said the Confederation sought the following changes to the TWU's application:
Mr Clues stressed that even though discussions had been held between the parties and some agreement had been reached the Confederation had not at any time agreed to the operative dates sought by the TWU. He also submitted that the Wage Fixing Guidelines1 expressly prohibited retrospectivity on superannuation where arbitration was required. He said that the Federal decision relied upon by the TWU had no relation to this matter. During the latter stages of the hearing Mr Clues made it clear that, in his view, in the case where two or more funds were nominated in an award, the employer had the right to decide into which fund the superannuation contributions would be paid. He said that was precisely what was meant in a number of State awards which required an employer to make a contribution into an approved superannution fund. DECISION It is clear that the current Wage Principles do not allow retrospectivity where no agreement exists between the parties on the matter. The operative date in this application, therefore, will be the first full pay period commencing on or after 1 May 1991. The closing date for exemption applications will be 1 June 1991. I accept the submission that the Award is essentially a "transport" award and in that context I believe the following would be apposite:
Because of what I have already decided it is not necessary for me to adjudicate as to which party has the right to decide into which fund contributions will be made, however, I think some comment is due. On the basis that once the money is paid it becomes the property of the employee. I am convinced each employee has the right to say into which award nominated fund his or her contributions should be paid. The Award will therefore be amended by the addition of an occupational superannuation clause in the agreed terms and in the manner I have outlined above, operative from the dates sought by the Confederation. An order is attached.
P A Imlach Appearances: Date and place of hearing: |