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T3208

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Meat and Allied Trades' Federation of Australia
(Tasmanian Division)

(T.3208 of 1991)

ABATTOIRS AWARD
MEAT TRADES AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 7 October 1991

Labour on-costs - superannuation exemptions

REASONS FOR DECISION

In this matter the Meat and Allied Trades Federation of Australia (Tasmanian Division), (MATFA) sought the variation of the Abattoirs and Meat Trades Awards to provide exemptions from the payment of occupational superannuation to sole traders and owner operators where other family members are employed in the business.

The matter was discussed in conference following which the applicant requested leave to withdraw the application; which the Commission granted.

At issue was whether or not family members who are employees, one of whom is the owner of the business, are entitled to have paid into the award nominated superannuation fund the amount of contribution specified in the respective awards. I recognise that employees in the circumstances outlined may have had in existence other approved occupational superannuation schemes to which the employer has made the required contributions. However that may be, the awards in question stipulate Tasplan as the nominated fund and until such time as exemptions may be granted, employers are required to meet their award obligations on behalf of their employees, whether members of the same family or not and in any other circumstance where a legitimate employer/employee relationship is in existence.

The parties have indicated that they will further examine the position advanced by them and will approach the Commission by way of new application in due course.

This file is closed.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr J. Swallow for the Australasian Meat Industry Employees Union, Tasmanian Branch.
Mr B. Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
Mr T. Edwards with Mr M. Flynn for the Meat and Allied Trades' Federation of Australia (Tasmanian Division) and the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991:
Hobart
October 3