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T4498

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.4498 of 1993)

CHEMISTS AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART, 19 August 1993

Award variation - labour on-costs - superannuation - exemption granted to KB Holdings Pty Ltd - consent matter - award varied - ffpp to commence on or after 18 August 1993 - file closed

REASONS FOR DECISION

This matter concerns an application by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) to vary Clause 18 - Occupational Superannuation of the Chemists Award to enable KB Holdings Pty Ltd to make occupational superannuation contributions to the Commonwealth Life Superannuation Master Trust fund in lieu of other award-nominated funds.

The application relied upon Section 32(1B) of the Act which provides that:

"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."

Mr Clues for the TCCI produced documentary proof to the Commission of the employee's written consent to the variation sought, together with written confirmation of the Insurance and Superannuation Commission's acceptance of this particular fund's compliance with superannuation fund conditions.

The application was not opposed by the employee's representative union and in all of these circumstances the application is granted and the award will be varied.

Date of Operation:

This variation shall come into operation as from the beginning of the first full pay period to commence on or after 18 August 1993.

The Order is attached.

 

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr S. Clues for the Tasmanian Chamber of Commerce and Industry Limited.
Mrs H. Dowd for the Australian Municipal, Administrative, Clerical and Services Union.

Date and Place of Hearing:
1993.
Hobart:
August 18