TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.5163 of 1994)

AUTOMOTIVE INDUSTRIES AWARD

Award variation - superannuation exemption

REASONS FOR DECISION

In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) sought the variation of the Automotive Industries Award to include Flexisuper - National Australia Personal Superannuation Fund (the Fund) for employees of Pump and Plant Services. Mr Gates for the TCCI provided several exhibits to the Commission which established that:

1. the Fund is a complying fund for purposes of the Occupational Superannuation Standards act 1987. Whilst the approval of the Insurance and Superannuation Commission was for the income year 1991/92, and given that approvals from that body are usually twelve months or more behind in respect of any one current financial year, I am satisfied that for purposes of Section 32 (1B)(a) of the Industrial Relations Act 1984 it is reasonable for the Commission to accept the Fund as "complying", and

2. the wishes of employees are for the employer to contribute to the Fund as evidenced in Exhibit TCCI3.

In all of the circumstances the Fund will be included in the award for employees of Pump and Plant Services. The award variation will operate 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