Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T4828

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited

AUTOMOTIVE INDUSTRIES AWARD
(T.4828 of 1994)

 

COMMISSIONER P A IMLACH

9 May 1994

Award variation - labour on-costs - superannuation - exemption sought for contributions to be paid to an alternative fund

REASONS FOR DECISION

This was an application by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber) for an amendment to be made to the Automotive Industries Award.

The Chamber sought for an amendment to be made to the occupational superannuation clause of the Award to provide for a new fund to be introduced into the exemptions subclause, the National Australia Personal Superannuation Fund, known as Flexisuper, and for the employer company to be listed under that fund to be B.P. Bridgewater.

At the instigation of the Commission there was some debate at the hearing as to the extent of proof that ought to be required to show that the employees of the Company or employer, seeking to avail of an additional superannuation fund, were aware and agreeable to the proposed new fund being used for contributions made on their behalf.

The Automotive, Food, Metals and Engineering Union, in this case, being unable to comment on behalf of the employees involved, agreed that a clear guide for future applications of the same type would be an advantage.

Without prejudice to the decision in this matter, I am of the view that the minimum requirement for proof that employees have agreed to a new superannuation fund to receive contributions paid in by the employer on their behalf as required by the occupation superannuation provisions in the award under which they work, would be:

    (a) a statutory declaration signed by the employer naming all the employees in his/her employment; and

    (b) a statutory declaration signed by all the employees concerned indicating their agreement to the proposed new superannuation scheme.

I am satisfied that the application complies with the provisions of the Act and is not against the public interest.

The Award will be amended as requested operative from 9 May 1994.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
T. Abey for the Tasmanian Chamber of Commerce and Industry Limited.
P. Baker for the Automotive, Food, Metals and Engineering Union.

Date and place of hearing:
1994.
Hobart:
February 24.