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T6808

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Tasmanian Chamber of Commerce and Industry Limited
(T6808 of 1997)

MEAT TRADES AWARD

 

COMMISSIONER R J WATLING

HOBART, 3 April 1997

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 Meat Trades Award to enable King Island Co-Op Limited (the employer) to pay superannuation contributions on behalf of their employees, covered by the said award, into an approved fund called the National Mutual Simple Super Fund in place of Tasplan.

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 National Mutual Simple 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 Meat 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 National Mutual Simple Super 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
COMMISSIONER

Appearances:
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited
Mr J E Swallow for the The Australasian Meat Industry Employees Union, Tasmanian Branch

Date and place of hearing:
1997
April 2
Hobart