T3184
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries RESTAURANT KEEPERS AWARD
Exemption from Superannuation provisions REASONS FOR DECISION In this matter the Tasmanian Confederation of Industries (TCI) has sought to vary Clause 34 - Superannuation, of the Restaurant Keepers Award, to allow a new business to make contributions to an approved occupational superannuation fund, other than either of the current award designated funds. Whereas the award requires employers to utilise "HOST PLUS", "TASPLAN" or "REST" schemes, depending upon the type of establishment, TCI have sought an exemption from this provision on behalf of "Pitstop Takeaways" of which Mr Craig Anthony Vautin is the sole proprietor. The business concerned is located at 335 Wellington Street, Launceston, and it wishes to utilise the Tasmanian Chamber of Commerce Industry Superannuation Fund. The award provides a mechanism for seeking exemption under certain circumstances, i.e. (inter alia): "(e) Procedure for Seeking Exemption An employer seeking exemption shall, not later than 1 June 1990: (i) Pursuant to Section 29 of the Industrial Relations Act 1984 make application to the Industrial Commission; (ii) Applications shall contain the following information: (a) Name of Fund; (b) Evidence of compliance with Commonwealth Operational Standards; (c) Summary of Structure and Benefits; (d) Level of Administration Charge; (e) Any other relevant information. (iii) An employer who commences a new business after 1 June 1990 may make application for exemption in accordance with subclause (e) of this clause. Such application shall be made within one month of the commencement of operation of the new business. However, this provision shall not apply to a business which has been transmitted or was a subsidiary of a business subject to this award as at 1 June 1990." In this instance "Pitstop Takeaways" commenced operation on 19 June 1991 and application for exemption was made by the TCI within one month of that date. Evidence was produced of the Tasmanian Chamber of Commerce Industry Superannuation Fund having received preliminary "listing" from the Insurance and Superannuation Commission as an approved fund under the Occupational Superannuation Standards Act 1987. Similarly proof of the employers application for participation in the said fund was produced. No party opposed the TCI's application. In the circumstances I am satisfied that the application fulfils all of the necessary requirements of the award to justify the granting of an exemption from subscribing to any of the three nominated funds, provided "Pitstop Takeaways" makes the necessary contributions in respect of eligible employees to the alternative nominated fund. Accordingly the application is granted and the award will be varied to give effect to this decision. Operative Date: This variation shall have effect from 19 June 1991. Order is attached.
A. Robinson Appearances: Date and Place of Hearing: |