TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.5073 of 1994)

PUBLIC VEHICLES AWARD

Award variation - superannuation exemption - application granted - award varied - operative ffpp 8 August 1994

REASONS FOR DECISION

This application, lodged by the Tasmanian Chamber of Commerce and Industry Limited, was for the purpose of varying the Public Vehicles Award to effect an exemption for two employers from the requirement to pay superannuation contributions to the Transport Workers Superannuation Fund.

The exemption requested that, in accordance with section 32(1B) of the Act, C T & M J Beaumont and T R & M E O'Reilly be able to pay superannuation contributions into funds known as Tasplan and the AMP Superleader respectively, on behalf of their employees.

It was also put to me that the provision contained in the award relating to exemptions from certain funds i.e. Clause 29 - Superannuation, subclause (c)(i) and (ii), should be deleted as the Act now describes how awards can be varied in respect to payments of contributions to superannuation funds.

The section of the Act under which exemptions are sought states:

"32(1B) In making or varying an award in relation to payment of contributions to a superannuation funds, 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."

This application satisfies the requirements of the Act and as a result the award will be varied in the manner outlined in the application.

The Order giving effect to this decision will follow in due course.

R J Watling
COMMISSIONER

Appearances:
Mr M Watson with Mr S Gates for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994
June 17
August 8
Hobart