T6035
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union, Tasmania Branch DAIRY PROCESSING AWARD
Award variation - new superannuation clause - exemption from award nominated superannuation fund - application approved - order issued - operative ffpp on and from 28.3.96 REASONS FOR DECISION With this application the Australian Workers' Union, Tasmania Branch (the AWU) sought to insert a new Superannuation clause into the Dairy Processing Award to bring it up to date with the current federal superannuation legislation. At the same time the parties sought to include in the award an exemption to permit National Dairies Tasmania Limited to pay superannuation contributions in respect of a number of its employees into the National Dairies Limited Superannuation Fund. Ms Thomas for the Tasmanian Chamber of Commerce and Industry Limited (the TCCI) supported the union's application and provided the Commission with appropriate documentation to confirm the "approved fund" status of the National Dairies Limited Superannuation Fund. She also tendered a statutory declaration from the company's personnel manager as to the number and names of the employees of the company at its Lenah Valley site. Two lists were provided, one containing the names and signatures of those employees wishing to remain with TASPLAN, the award fund, the other containing the names and signatures of those employees wishing to transfer to the company fund. Mr Cooper, for the AWU, did not object to his organisation's application being amended to allow the exemption provision to be processed and he endorsed the TCCI's proposal. It is appropriate that the award be varied to reflect the current circumstances relating to occupational superannuation and I am satisfied that the National Dairies Limited Superannuation Fund should be included in the award to apply to those employees of National Dairies Tasmania Limited who so desire it. The requirements of section 32(1A) (1B) (1D) of the Industrial Relations Act 1984 have been met to my satisfaction and it is in the public interest for the award to be varied in the manner sought. As requested by both parties the award will be varied with effect form the first full pay period to commence on or after 28 March 1996. The order is attached.
F D Westwood Appearances: Date and place of hearing: |