TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Ltd
(T6495 of 1996)

HAIRDRESSERS AWARD

Award variation - superannuation exemption - operative ffpp 9 Oct 96

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 Hairdressers Award (the Award) to provide for The Market Leaders Fund (the Superannuation Fund) to be the nominated superannuation fund for employees of Stephen Gardiner Hairdressing 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 evidence which was attached to the application, was able to satisfy the Commission that in this matter the specific requirements of the Act had been adequately met. In particular it had been 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 9 October 1996.

An order is attached.

P A Imlach
COMMISSIONER

Appearances:
Ms J Thomas for Tasmanian Chamber of Commerce and Industry Ltd on behalf of Stephen Gardiner Hairdressing Pty Ltd

Date and place of hearing:
1996
October 9
Hobart