T5042 - 7 June
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited AUTOMOTIVE INDUSTRIES AWARD
Award variation - occupational superannuation REASONS FOR DECISION In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) made application to vary the Automotive Industries Award to include in the award the MTAA Industry Superannuation Fund. Mr Gates for the TCCI submitted that Century Motors Pty Ltd wished to be exempted from the nominated occupational superannuation funds specified in the award in favour of MTAA Industry Superannuation Fund. In support of the application for exemption, Mr Gates informed the Commission that MTAA Industry Superannuation Fund was a complying fund in accordance with the Occupational Superannuation Standards Act and was recognised as such by the Insurance and Superannuation Commission. Documentation was presented to the Commission, Exhibit TCCI 1, which was a declaration by Fortis Life Assurance Company Ltd of the complicity of the MTAA Industry Superannuation Fund. However first hand documentation from the Insurance and Superannuation Commission stating that the MTAA Industry Superannuation Fund was a complying fund was not available to be presented at the time of hearing. Additional supporting information provided by Mr Gates included copies of Century Motors employee declarations stating that it was their wish for employer occupational superannuation contributions to be paid into the MTAA Industry Superannuation Fund. The variation to the award was supported by Mr Baker appearing for the Automotive, Food, Metals and Engineering Union and Mr Cooper appearing for the AWU-FIME Amalgamated Union, Tasmania Branch. The one qualification was that the Commission should sight the original documentation from the Insurance and Superannuation Commission stipulating that the MTAA Industry Superannuation Fund was a complying fund. I concur with that qualification and accordingly subject to the appropriate documentation being made available to the parties and the Commission by the TCCI, all other criteria having been satisfied as required by Section 32 of the Act, the variation will be granted operative from the first full pay period to commence on or after the date of this decision. The order will issue in due course and after the sighting by the Commission of the documentation referred to above.
R K Gozzi Appearances: Date and Place of Hearing: |