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T6555

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Chamber of Commerce and Industry Limited
(T6555 of 1996)

RETAIL TRADES AWARD

 

COMMISSIONER R J WATLING

HOBART, 23 December 1996

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 James Hardie Plumbing and Pipelines Pty Ltd (trading as James Hardie Pipelines) (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called the James Hardie Securiplan in place of the Retail Employees Superannuation Trust.

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 James Hardie Securiplan 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 James Hardie Securiplan, and I decide accordingly.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 1 November 1996.

 

R J Watling
COMMISSIONER

Appearances:
Ms J Thomas (1.11.96) and Mark Watson (23.12.96) from the Tasmanian Chamber of Commerce and Industry Limited on behalf of James Hardie Plumbing and Pipelines Pty Ltd (trading as James Hardie Pipelines)

Date and place of hearing:
1996
November 1
December 23
Hobart