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T5267

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Chamber of Commerce and Industry Limited
(T.5267 of 1994)

RETAIL TRADES AWARD

 

COMMISSIONER R J WATLING

HOBART, 17 August 1995

Award variation - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 14 August 1995

REASONS FOR DECISION

This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Retail Trades Award. It sought to exempt Room To Move (the employer) from paying superannuation contributions on behalf of their employees, covered by the said award, into TASPLAN.

Mr Gates, of the TCCI, requested the award be varied to enable the employer to pay superannuation contributions into The Eagle Retirement 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 Eagle Retirement 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 Retail Trades Award to the effect that they wished their contributions to be paid into the new fund.

The Eagle Retirement 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 Retail Trades Award to the effect that they wished their contributions to be paid into the new fund. They also indicated the decision had been made without duress and based on informed consent.

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 Eagle Retirement 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 14 August 1995.

 

R J Watling
COMMISSIONER

Appearances:
Mr S J Gates for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1995
August 14
Hobart