T5456
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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 2 February 1996 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 Crawn Motors Pty Ltd (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called Asgard Capital Management Personal Superannuation Fund in place of Tasplan. This was later amended to allow superannuation contributions to be made into either of the previously mentioned funds. 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." Asgard Capital Management Personal Superannuation Fund and the fund known as Tasplan are complying funds and evidence was presented to substantiate that position. In respect of section 32(1B)(b) the Commission received documentation by all employees of the employer covered by the Public Vehicles Award to the effect that some wished their contributions to be paid into the new fund with a number wishing to remain with the existing fund, Tasplan. 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 either Asgard Capital Management Personal Superannuation Fund or 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 2 February 1996.
R J Watling Appearances: Date and place of hearing: |