TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.5124 of 1994)

CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

Award variation - superannuation exemption

REASONS FOR DECISION

In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) sought to include the Clemenger/BBDO Ltd Retirement and Life Insurance Plan (the Fund) in the Clerical and Administrative Employees (Private Sector) Award. Mr Gates for the TCCI provided several exhibits to the Commission which established that:

1. the Fund met the relevant conditions set out in the Occupational Superannuation Standards Act 1987 and was approved as a complying fund for the income year 1992/93 by the Insurance and Superannuation Commission; and

2. the Fund satisfied the wishes of most employees.

With regard to (2) above Mr Gates submitted that existing employees at the date of this Commission hearing (12 September 1994) who did not wish to roll over into the Fund from that currently in the award would not be required to do so. However all new employees would be required to utilise the Fund. The information provided by Mr Gates indicated that four out of twenty existing employees wished to retain Tasplan, all others opting for the Fund. In keeping with the foregoing arrangements, the four employees will continue in Tasplan.

Having regard to the requirements of Section 32 (1B)(a) and (b) of the Industrial Relations Act 1984 I was satisfied that:

1. the Fund is a complying fund, and

2. that it meets the wishes of employees on the basis discussed above.

In the circumstances the award will be varied to include the Fund operative from the first full pay period to commence on or after 12 September 1994.

The order is attached.

R K Gozzi
COMMISSIONER

Appearances:
Mr S Gates and Ms H Murphy with Mr N Behrens for Tasmanian Chamber of Commerce and Industry Limited
Mr R Clegg for Australian Municipal, Administrative, Clerical and Services Union

Date and Place of Hearing:
1994
September 12
Hobart