T6804
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited WHOLESALE TRADES AWARD
Award variation - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 2 April 1997 REASONS FOR DECISION This application was lodged by the Tasmanian Chamber of Commerce and Industry Limited (TCCI) for the purpose of varying the Wholesale Trades Award to enable Millen Wholesale Pty Ltd (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called the SMF Superannuation Fund in place of the Labour Union Co-operative Retirement Fund (LUCRF) or TASPLAN. When considering these applications I am required to follow section 31(1B) of the Act which states -
The SMF Superannuation 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 Wholesale 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 SMF Superannuation Fund, 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 2 April 1997
R J Watling Appearances: Date and place of hearing: |