TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.3080 of 1991)

PUBLIC VEHICLES AWARD

Labour on-costs - superannuation - exemptions

REASONS FOR DECISION

This was an application by the Tasmanian Confederation of Industries (the Confederation) for a number of employers to be exempt from contributing to the occupational superannuation fund nominated in the Public Vehicles Award (the Award). It should be stressed that the exemptions sought were not so as to avoid any contributions at all, but so as to enable contributions to be made to alternate nominated funds.

In seeking the exemptions the Confederation submitted an exhibit which set out the names of the companies involved and the alternate fund proposed in each case. The Confederation advised the Commission that, in accordance with the requirements in the exemption clause of the Award, all the employers concerned had been contributing 3% of ordinary time earnings to the nominated alternate funds prior to 1 June 1991.

The Confederation also submitted copies of correspondence confirming that (a) in each case contributions into the alternate funds had commenced before 1 June 1991 and (b) each of the alternate funds had complied with the conditions of the Occupational Superannuation Standards Act 1987 to the satisfaction of the Commonwealth Insurance and Superannaution Commission.

The unions present at the hearing were not opposed to the exemptions although the Transport Workers' Union of Australia, Tasmanian Branch (the TWU) did express some reservations in particular as to the Confederation's advice that contributions into the alternate funds had commenced prior to 1 June 1991.

I have been satisfied that all the applicants for exemption, listed in the Confederation's exhibit, have complied with the requirements of the Award and should be granted exemptions. The Award will therefore be amended to include the list of exempted employers and the alternate funds.

The amendment will operate from 1 June 1991.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
August 30