TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited
(T6903 of 1997)

CLEANING AND PROPERTY SERVICES AWARD

Award variation - superannuation - exemption from award fund - application approved - operative date ffpp 24 April 1997

REASONS FOR DECISION

By application lodged on 11 April 1997 the Tasmanian Chamber of Commerce and Industry Limited (TCCI) applied to vary the Cleaning and Property Services Award regarding superannuation. In particular, the application seeks to enable the employer company known as CLEENCO to pay superannuation contributions on behalf of employees to the National Mutual Simple Superannuation Fund instead of the Australian Retirement Fund, as currently prescribed in Clause 30 of the award.

When the matter came on for hearing on Thursday, 24 April 1997 Ms J Thomas appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) and Mr D O'Byrne appeared for the employee organisation of interest, the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU).

Ms Thomas, referring to the requirements of Section 31(1B) of the Industrial Relations Act 1984, submitted a copy of the Insurance and Superannuation Commission's Compliance Notice of 31 May 1995, showing that the National Mutual Simple Superannuation Fund is a complying superannuation fund. In addition, Ms Thomas tendered the following Statutory Declarations:

• Wayne Robert Hall, proprietor/partner of CLEENCO, declaring the names of 14 persons who are "all employees working at CLEENCO covered by the CLEANING & PROPERTY SERVICES AWARD".

• Wayne Robert Hall, proprietor/partner of CLEENCO, declaring that all the above employees were provided with certain documentation ("Simple Super Summary", "ARF Summary", "Simple Super Product Booklet") "before being asked to nominate the superannuation fund into which they wanted their contributions to be made".

• Each of the 14 nominated employees, declaring that superannuation contributions made on their behalf by CLEENCO should be directed to the National Mutual Simple Superannuation Fund "in lieu of ARF", their individual decisions being "based on a process of informed consent involving meetings conducted by representatives from National Mutual and the Award nominated industry fund, ARF".

Ms J Thomas submitted that the tendered documents show the National Mutual Simple Superannuation Fund is a complying superannuation fund and, as such, is one that meets the wishes of the employees concerned. Accordingly, she continued, having regard to Section 31(1B) of the Act, I must not refuse to vary the award in the terms sought by the application. As to operative date, Ms Thomas submitted that the variation should operate from beginning of the first full pay period to commence on or after the date of hearing.

Mr O'Byrne did not oppose the application, conceding that it appeared to fulfil the requirements of the Act concerning superannuation.

Having heard the parties' submissions and perused the documents put to me, I am satisfied that the National Mutual Simple Superannuation Fund is a complying fund in terms of Section 31(1B)(a) of the Act and that the Fund is one which, in terms of Section 31(1B)(b) of the Act, meets the wishes of the employees concerned.

Accordingly, I grant the application and vary the award in terms of the application. My Order, which accompanies these Reasons for Decision, will take effect from beginning of the first full pay period to commence on or after 24 April 1997.

B R Johnson
DEPUTY PRESIDENT

Appearances:
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited.
Mr D O'Byrne for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.

Date and Place of Hearing:
1997
April 24
Hobart