T5761
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia DISABILITY SERVICE PROVIDERS AWARD
Award variation - Occupational Superannuation - Self Help Workshop -consent matter - application granted - award varied - operative 28 June 1995 REASONS FOR DECISION This matter concerns an application by the Health Services Union of Australia Tasmania No 1 Branch, to vary the Disability Service Providers Award in respect of Clause 25 - Occupational Superannuation. The award was recently varied and consolidated by Order No 5 of 1995 but inadvertently omitted a provision contained in Order No 4 of 1995 which gave effect to a decision1 issued on 30 June 1995 granting a special exemption to Self Help Workshop in relation to the choice of funds which may be utilised. The current application is justified on merit as well as being one of consent and is therefore granted. The effect of the amendment will be to delete the existing "Exemptions" provisions and insert the following in Clause 25 - Occupational Superannuation: "(c) Exemptions The Tasmanian Industrial Commission may grant exemptions from the use of TASPLAN or HESTA to employers who provide Occupational Superannuation contributions into a fund which meets the guidelines of the Tasmanian Industrial Commission. Employers intending to seek exemption in accordance with this provision shall notify the Union of such intention. Such intention will be discussed between the parties and an application will subsequently be made to the Tasmanian Industrial Commission for hearing and determination. The following employer shall be exempt from necessarily using the nominated funds referred to in subclause (b) of this clause, but may in the alternative utilise the fund identified opposite their business name: Business Fund Self Help Workshop Mercantile Mutual Employer Sponsored Masterfund." The variation is operative from 28 June 1995. Order
A ROBINSON Appearances: Date and Place of Hearing: |