T4351
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Confederation of Industries HAIRDRESSERS AWARD
Variation of award - occupational superannuation - exemption REASONS FOR DECISION This application was one of the first to make use of the recent amendments to Section 32 of the Industrial Relations Act 1984. New sub-section (1B) of Section 32 states: "In making or varying an award in relation to payment of contributions to a superannuation fund, the Commission must not refuse to make or vary that award if the superannuation fund - (a) is a complying superannuation fund; and (b) is one which the Commission is satisfied meets the wishes of employees." New Section (1D) states:
(a) that is in receipt of a current notice under the Occupational Superannuation Standards Act 1987 of the Commonwealth stating that the fund has satisfied the superannuation fund conditions in relation to the most recent completed year of income; or (b) the trustees of which certify that they propose to take the required action under that Act to obtain a notice of compliance in relation to the current year of income;" Notwithstanding the fact that all parties to the award had been notified of the proceedings in this matter, the Tasmanian Confederation of Industries (TCI) was the only party present at the hearing. The TCI requested that the award be amended to exempt the hairdressing business known as Gi Gi's Hair Care, Penguin, from contributing to the award approved superannuation fund, TASPLAN, and instead permit the employer to make the appropriate award contributions to another fund being the "Mercantile Mutual Master Superannuation Fund." In support of the application it was submitted that the latter fund was a "complying superannuation fund" for the purposes of Section 32 (1B) (a), and appropriate documentation was tendered. In order to satisfy the requirements of Section 32 (1B) (b) the Confederation tendered a statutory declaration by the owner of Gi Gi's which declared the names of the four employees of the business and separate statutory declarations by each of the four employees requesting that their superannuation contributions no longer be paid into Tasplan and that in future they be paid into the Mercantile Mutual Fund. It was submitted that all the requirements of the Act had been met and that the Commission should vary the award in the manner sought. An operative date of 14 May 1993, being the date of the hearing, was requested. I accept, on the information provided, that the Mercantile Mutual Master Superannuation Fund is a complying fund for the purposes of the Occupational Superannuation Standard Act 1987 and that it is the fund into which all the employees of Gi Gi's wish to have their contributions paid. Accordingly, the award is varied in the manner sought. The appropriate order is attached.
F. D. Westwood Appearances: Date and Place of Hearing: |