T5477
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited
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 Wholesale Trades Award. It sought to exempt Penstock Distributors Pty Ltd (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 Lifetrack Superannuation Fund as opposed to the funds described in the award. 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." Lifetrack 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. 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 of their desire to have their superannuation contributions directed to the Lifetrack 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 14 August 1995.
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