T5441
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited PUBLIC VEHICLES AWARD
Award variation - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 30 October 1995 REASONS FOR DECISION This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Public Vehicles Award to enable K & D Sims & Sons Pty Ltd (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called TASPLAN in place of the Transport Workers' Superannuation Fund. 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." TASPLAN 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 of the employer covered by the Public Vehicles 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. The Commission was advised by Ms Thomas, for the TCCI, that the Transport Workers' Union of Australia, Tasmanian Branch had been advised of the variation sought by the TCCI. I am prepared to accept the documentation containing the names, addresses and signatures of the employees as an indication of their desire to have their superannuation contributions directed to TASPLAN, 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 30 October 1995.
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