T6681
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry PLUMBERS AWARD
Award variation - Clause 48 - Superannuation - exemption - application granted - operative ffpp 16 Jan 97 REASONS FOR DECISION This was an application by the Tasmanian Chamber of Commerce and Industry (the Chamber) for a variation to be made to the Plumbers Award (the Award). The application sought to delete elements of the Superannuation clause in the Award and to exempt one employer, Hill Sheetmetal Pty Ltd (the Company) from contributing to the award-specified superannuation fund, TASPLAN. The Chamber produced an exhibit which contained relevant papers, in particular: · A statutory declaration naming all the employees of the Company; · A document containing the signatures of all those employees which signified their unanimous desire for their superannuation contributions to be directed into the Mercantile Mutual Life Employed Persons Superannuation Fund (the Mercantile Mutual Fund); · Statistical and comparative information about the provisions and relative performances of the Mercantile Mutual Fund and TASPLAN; · Advice from Mercantile Mutual to the effect that it had made an irrevocable election to the Insurance and Superannuation Commission, in accordance with the Commonwealth Superannuation Industry (Supervision) Act 1993 for the Mercantile Mutual Fund to become a Regulated Fund. Under the legislation the compliance of a company that has submitted an "irrevocable election" is assumed and that company is not then required to submit annual returns to the Insurance and Superannuation Commission. The Chamber submitted that in the light of the evidence it had produced, the requirements of the Industrial Relations Act 1984 for Superannuation fund exemptions had been met and therefore the application in that regard should be approved. The Chamber also sought the deletion of the detailed Superannuation exemption procedures specified in Clause 48 - Superannuation at subclauses (d) and (e) of the Award submitting that such provisions were no longer required following the amendments made to Section 32 of the Industrial Relations Act 1984 by Act No.52 of 1992. The Chamber requested that the amendments sought be made to take effect from the first full pay period to commence on or after 16 January 1997. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) advised the Commission that the employees concerned were not members of the CEPU and sought an adjournment so as to discuss the whole matter with them. The CEPU also submitted that industry-based superannuation funds generally provided better returns on the funds invested. The Master Plumbers' Association of Tasmania (the MPA) was ambivalent in that it was against the deletion of subclause (d) and (e) of Clause 48 - Superannuation of the Award, but, was in favour of the rest of the application. The MPA supported less restrictions and more fund options. The Chamber in response to the objections pointed out that all the employees concerned with this application had expressed the wish to have the contributions made on their behalf paid into the Mercantile Mutual Fund and hence any further delay was unnecessary. The Chamber submitted that the subclauses sought to be deleted were no longer relevant and as well, the Award Superannuation clause, along with other clauses, was on the table for review in accordance with the Guidelines of the Commission. I accept the submissions of the Chamber and I am satisfied that the requirements of the Act have been met in this application: the Commission, once it is so satisfied under Section 32(1b) "must not refuse to make or vary" the Award. It follows that I am not prepared to delay the decision as requested by the Union. The application is approved and an order is attached.
P A Imlach Appearances: Date and place of hearing:
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