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T3536

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Confederation of Industries
(T.3536 of 1991)

FIBREGLASS AND PLASTICS AWARD

 

COMMISSIONER R J WATLING

18 November 1991

Superannuation exemption for Plastic Fabrication Pty Ltd

REASONS FOR DECISION

On 11 October 1991 the Commission handed down a decision1 which saw the granting of the 3% occupational superannuation to employees falling within the scope of the Fibreglass and Plastics Award.

That decision was operative from the first full pay period on or after 16 November 1991, however, there was provision in Clause 28 - Superannuation subclause (e) to enable superannuation contributions to be paid into funds other than TASPLAN or Labor Union Co-operative Retirement Fund (LUCRF) if an application was made to the Commission no later than 31 October 1991.

On 29 October 1991 the Tasmanian Confederation of Industries (TCI) made application on behalf of NMC Plastic Fabrication Pty. Ltd. The application requested that the previously mentioned company be allowed to continue their practice of paying the 3% occupational superannuation into a fund known as NMC Plastic Fabrication Pty Ltd No. 1 Superleader Superannuation Plan which was established on 1 September 1987.

When the matter came on for hearing on 18 November 1991 Mr Clues for the TCI (being the only person to appear in this matter) satisfied the Commission that an exemption should be granted and supplied the information required of him by the Award.

As there was no opposition to this application and as it complies with the Wage Fixing Principles the award will be varied in the manner sought by the applicant.

The Order giving effect to this decision is attached and will be operative from the first full pay period on or after 16 November 1991.

 

R J Watling
COMMISSIONER

Appearances:
Mr S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991
November 18
Hobart

1 T.2687 of 1990 and T.3225 of 1991