T6555
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 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 -
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 Appearances: Date and place of hearing: |