T7005
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry PUBLIC ACCOUNTANTS AWARD
Award variation - Clause 19 - Occupational Superannuation - exemption - application granted - operative ffpp 12 June 1997 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 Public Accountants Award (the Award). The application sought to exempt PBS Administration Pty Ltd t/a PBS Partners (the Company) from contributing to the superannuation funds provided for in the award and to have the Company contribute to The Spectrum Retirement Plan - The Spectrum Superannuation Fund on behalf of its employees. The Chamber produced an exhibit which contained relevant papers, in particular: · A statutory declaration naming all the 31 employees of the Company; · A standard employees acceptance form containing the signatures of all those employees which signified their unanimous desire for their superannuation contributions to be directed into The Spectrum Retirement Plan - The Spectrum Superannuation Fund; · Statistical and comparative information about the provisions and relative performances of The Spectrum Retirement Plan - The Spectrum Superannuation Fund and two of the award-specified funds, namely TASPLAN and the Accountants Superannuation Fund; · Advice from The Spectrum Retirement Plan - The Spectrum Superannuation Fund 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 Spectrum Retirement Plan - The Spectrum Superannuation 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. · Correspondence from the Australian Municipal, Administrative, Clerical and Services Union giving consent to the variation of the award if the Company met with certain criteria. The Chamber submitted that in the light of the evidence it had produced, the requirements of Section 32(1b) 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 requested that the amendments sought be made to take effect from the first full pay period to commence on or after 12 June 1997. 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. The application is approved and an order is attached.
P A Imlach Appearances: Date and place of hearing:
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