TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Chamber of Commerce and Industry Limited
(T6174 of 1996)

CARRIERS AWARD

Award variation - superannuation - exemption from award fund - Section 31(1B) - consent matter - Commission satisfied - award varied - operative ffpp 14 May 1996

REASONS FOR DECISION

This amended application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Carriers Award to enable R and A Investments Pty Ltd (the employer) to continue paying superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called TASPLAN in place of the TWU Superannuation Fund (being the award fund).

In the past the employer's business was covered by another award of the Commission and at that time there was a requirement to pay superannuation contributions into the approved fund, known as TASPLAN. As a result of restructuring, the employer's business fell within the scope of the Carriers Award. However, the employees requested that their superannuation contributions continue to be placed in TASPLAN.

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.

The Commission is satisfied that TASPLAN is a complying fund. In respect of section 32(1B)(b) the Commission received a document signed by all employees of the employer covered by the Carriers Award to the effect that they wished their contributions to be paid into TASPLAN. They also indicated the decision had been made without duress and based on informed consent.

The Commission was advised by Ms Thomas, for the TCCI, that the Transport Workers' Union of Australia, Tasmanian Branch had been advised of the variation sought by the TCCI.

Mr Gill, for the Transport Workers' Union of Australia, Tasmanian Branch did not oppose the application.

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 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 14 May 1996.

R J Watling
COMMISSIONER

Appearances:
Ms J Thomas from the Tasmanian Chamber of Commerce and Industry Limited on behalf of R and A Investments Pty Ltd
Mr J Gill for the Transport Workers' Union of Australia, Tasmanian Branch

Date and place of hearing:
1996
May 14
Hobart