T6545
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited RETAIL TRADES AWARD
Award variation - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 1 November 1996 REASONS FOR DECISION This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Retail Trades Award to enable Kingsgroup Pty Ltd (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called the Tasmanian Chamber of Commerce Industry Super Fund in place of the award funds. When considering these applications I am required to follow section 31(1B) of the Act which states -
The Tasmanian Chamber of Commerce Industry Super Fund is a complying fund and evidence was presented to substantiate that position. In respect of section 32(1B)(b) the Commission received a document signed by all employees of the employer covered by the Retail Trades Award to the effect that they wished their contributions to be paid into the new fund. 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 the Tasmanian Chamber of Commerce Industry Super Fund, 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 1 November 1996.
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