T5252, T5278 and T5279
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited CLERICAL & ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD
Award variation - superannuation exemptions REASONS FOR DECISION These applications by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) were for the exemption of Johnston McGee and Gandy Pty Ltd from the nominated award superannuation fund and in lieu thereof make employee contributions to the Market Leaders Fund - SMF Funds Management Ltd. The applications were joined for hearing purposes. Mr Gates appearing for the TCCI in a comprehensive and detailed submission predicated on Exhibit TCCI1 informed the Commission that employees had made an informed decision, without duress, to change funds. He said that an employee sub-committee was established to investigate alternatives to Tasplan which resulted in the adoption of the Market Leaders Fund - SMF Funds Management Ltd (Market Leaders Fund). Mr Gates submitted that employees were satisfied that the Market Leaders Fund better met their requirements and this was supported by statutory declarations which nominated that fund. Documentary support was provided to the Commission that the Market Leaders Fund was a complying fund in accordance with the requirements of the Occupational Superannuation Standards Act 1987. The applications for exemption were supported by Mrs Dowd appearing for Australian Municipal, Administrative, Clerical and Services Union in respect of the Clerical and Administrative Employees (Private Sector) award, Mr Baker appearing for Automotive, Food, Metals and Engineering Union in respect of the Draughting and Technical Officers (Private Industry) Award and Mr Pyrke appearing for The Association of Professional Engineers, Scientists and Managers, Australia in respect of the Professional Engineers and Scientists (Private Industry) Award. Having regard to the submission of the parties in respect of the requirements of Section 32(1B)(a) and (b) of the Industrial Relations Act 1984 the Commission is satisfied that Market Leaders Fund is a complying fund and that it does meet the wishes of the employees concerned. Accordingly the awards will be varied to provide for the exemption of Johnston McGee and Gandy from contributing to the nominated award superannuation fund and to contribute instead to Market Leaders Fund. The Orders giving effect to this decision will be drawn by the Commission members who have within their assignment those awards which were the subject of this hearing and will be operative from the first full pay period commencing on or after 9 December 1994.
R.K. Gozzi Appearances: Date and Place of Hearing: |