T5254
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited WHOLESALE TRADES AWARD
Award variation - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 25 November 1994 REASONS FOR DECISION This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Wholesale Trades Award. It sought to exempt Cartledge Agency Pty Ltd (the employer) from paying superannuation contributions on behalf of their employees, covered by the said award, into either TASPLAN or the Labour Union Co-operative Retirement Fund. Mr Gates, of the TCCI, requested the award be varied to enable the employer to pay superannuation contributions into the Tasmanian Chamber of Commerce Industry Superannuation Fund as opposed to one of the funds previously mentioned. When considering these applications I am required to follow section 31(1B) of the Act which states - "In making or varying an award in relation to payment of contributions to a superannuation fund, 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." The Tasmanian Chamber of Commerce Industry Superannuation Fund is a complying fund and evidence was presented to substantiate that position. In respect of section 32(1B)(b) the Commission received a document signed by all employees covered by the Wholesale Trades Award to the effect that they wished their contributions to be paid into the new fund. Mr Gates indicated that the employer had been paying contributions on behalf of employees into TASPLAN. However, payment to that fund was discontinued some time ago. I make no finding on this aspect of the submission. Mr Gates also stated that employees had been presented with relevant information on the award fund (TASPLAN) and the proposed superannuation fund (Tasmanian Chamber of Commerce Industry Superannuation Fund) to allow each to make an informed choice. I am prepared to accept the documentation containing the names, addresses and signatures of the employees as an indication that they desire to leave TASPLAN and have their superannuation contributions directed to the Tasmanian Chamber of Commerce Industry Superannuation Fund, and I decide accordingly. The award will be varied in due course by way of an Order to reflect this decision. It will be operative from the first full pay period to commence on or after 25 November 1994.
R J Watling Appearances: Date and place of hearing: |