TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for varying an award

Tasmanian Chamber of Commerce and Industry Ltd
(T5792 of 1995)

RESTAURANT KEEPERS AWARD

Award variation - superannuation exemption - operative ffpp 4.10.95

REASONS FOR DECISION

This was an application made under Section 23 of the Industrial Relations Act 1984 by the Tasmanian Chamber of Commerce and Industry Limited (the Chamber) seeking an amendment to the Restaurant Keepers Award (the Award) to provide for the Tasmanian Chamber of Commerce Industry Superannuation Fund (the Superannuation Fund) to be the nominated superannuation fund for employees of the Gordon River Cruises Pty Ltd (the Employer) covered by the Award.

The Chamber relied on sub-section 32 (1B) of the Act which provides:

"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."

At the hearing the Chamber, with the aid of appropriate exhibits, was able to satisfy the Commission that in this matter the specific requirements of the Act had been adequately met. In particular the Chamber ensured that the employees involved, before they made their choice, were acquainted with the overall costs and performance levels of the relevant funds.

Accordingly, the application is granted operative from the first full pay period on or after 4 October, 1995.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
Ms J Thomas, Tasmanian Chamber of Commerce and Industry Ltd

Date and place of hearing:
1995
October 4
Hobart