T4719
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD
Variation of award - occupational superannuation - exemption REASONS FOR DECISION Application T4719 of 1993 was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) seeking to amend the Superannuation exemption provisions in the Clerical and Administrative Employees (Private Sector) Award. At the commencement of proceedings the applicant sought to amend the format of the application. There being no objection by the Australian Municipal, Administrative, Clerical and Services Union (the union), the request was granted. Mr Sertori informed the Commission that the application had been made on behalf of David Collings Cleaning Pty Ltd in respect of Miss Lee Anne Selby-Reid, a recently appointed employee occupying a clerical position classified under the Clerical and Administrative Employees (Private Sector) Award. In Miss Selby-Reid's previous employment she had had superannuation payments contributed to Market Leaders Fund Master Trust and she wished to continue superannuation contributions to that fund in lieu of the award-nominated fund. Statutory declarations tendered on behalf of both Miss Selby-Reid and the Managing Director of David Collings Cleaning Services Pty Ltd confirmed the employee's request. Further documentation, dated 29 July 1993, was presented from the Insurance and Superannuation Commission indicating that for the year of income 1991/92 the Market Leaders Fund Master Trust fund satisfied the relevant conditions for the Occupational Superannuation Standards Act 1987. A certificate confirming that the employee is a participating member of that fund was also tendered. Mr Sertori presented as an exhibit, a draft order varying the Clerical and Administrative Employees (Private Sector) Award and in seeking its endorsement requested an operative date of 30 November 1993. Mrs Dowd, for the union, had no objection to the application. I accept that the requirements of Section 32, subsections (1B) and (1D) of the Industrial Relations Act 1984 have been satisfied, and the proposed variation accords with a process which has been adopted previously for dealing with applications of this nature. Accordingly, as indicated to the parties at the conclusion of the hearing, the variation is approved with effect from that date. The order operative from 30 November 1993, is attached.
F. D. Westwood Appearances: Date and place of hearing: |