T4421 - 8 July
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Meat and Allied Trades Federation of Australia MEAT TRADES AWARD
Award variations - occupational superannuation, wage rates and hours REASONS FOR DECISION This matter was subject to an Interim Decision1 where I canvassed, among other issues, the inclusion in the award of Legal and General Direct Super as a complying fund. Suffice to say that the Commission, for reasons in the Interim Decision declined to endorse that particular fund conforming with the requirements of the Occupational Superannuation Standards Act 1987. In subsequent proceedings the name of the fund was amended in the application for the variation of the award to Legal and General Superannuation Fund. In that regard the Commission noted that this was the fund specified in the document signed by employees electing to seek admission to the Legal and General Superannuation Fund albeit that the document itself is headed "Direct Super". In reading my conclusions in accordance with Section 32(1D) of the Act that Legal and General Superannuation Fund is a complying fund, I had regard for all of the material presented to the Commission including Exhibit MATFA 11 from the Insurance and Superannuation Commission that Legal and General Superannuation Fund satisfied the conditions of the Occupational Superannuation Standards Act, 1987. With regard to the Legal and General Superannuation Fund meeting the wishes of employees, I am satisfied that properly conducted meetings were held with employees at Bridgewater Abattoirs Pty Ltd and at Devonport City Abattoir and that they have genuinely entered into arrangements to alter their occupational superannuation fund from TASPLAN to Legal and General Superannuation Fund. Indeed Exhibit MATFA 8 contains copies of membership applications to Legal and General Superannuation Fund signed by individual employees. Mr Flynn for MATFA also informed the Commission that those employees at Bridgewater Abattoirs Pty Ltd and Devonport City Abattoir wishing to remain in TASPLAN will be able to continue in that fund. In all of the circumstances the award will be varied to enable employees at the abattoirs referred to above to exercise their election to join Legal and General Superannuation Fund. Those not wishing to do so, I was told there was one employee at Bridgewater, will be able to remain in TASPLAN. The award will be varied operative from the date of this decision. The order is attached. With regard to hours of work for clerical employees subject to the Meat Trades Award and the Abattoirs Award which currently specify a 38 hour week, the Commission accepts the submission of all of the parties that clerks were not intended to receive a shorter working week. Indeed a 40 hour week is currently worked by those employees. However as the original applications in T.619 of 1986 did not reflect that intention, the parties are requested to submit a properly framed application to enable this matter to be finalised.
R K Gozzi Appearances: Date and Place of Hearing: |