T7290
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union ADMINISTRATIVE AND CLERICAL EMPLOYEES AWARD
Award variation - Clause 3 Scope, Clause 6 Award Interest, and Clause 7 Definitions - insertion of reference to Retirement Benefits Act 1993 or Retirement Benefits Fund Board where appropriate - consent application - order issued - operative 24.11.97 REASONS FOR DECISION This application was lodged by the Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU) pursuant to section 23 of the Industrial Relations Act 1984, seeking variations to the Administrative and Clerical Employees Award. The variations were to insert, appropriately, in Clause 3 Scope, Clause 6 Award Interest and Clause 7 Definitions reference to the Retirement Benefits Act 1993 (the Act) and the Retirement Benefits Fund Board (RBF Board). Mr Miller, representing the CPSU, submitted that the variations sought to provide some consistency in relation to base award entitlements for all employees involved in the administration of the Act. With the enactment of the Retirement Benefits Act 1993, effective from 1 July 1994, the Retirement Benefits Fund Board continued as a body corporate but with additional functions and duties to manage and administer the RBF scheme and to act as the sole Trustee of the Fund. The State Superannuation Office, a Branch of the Department of Treasury and Finance, ceased to exist on that date. Employees at that time had the option of remaining state service employees whilst new employees, and old employees wishing to do so, would become employees of the Board. The Secretary of the Board, Mr Fletcher, advised that the Board has approximately 87 staff, 45 still being employed under the Tasmanian State Service Act. The balance are employed under the Retirement Benefits Act. In effect two employers, the Minister for Public Sector Administration, who is already cited in the award, and the Board, are the legal employers of approximately half each of the staff of the new Board. The CPSU and the Board, by consent, wish to vary the award to include the Board, and the legislation by which it was created, in appropriate provisions. Mr Fitzgerald, supported by Mr Fletcher, representing the Board, confirmed the Board's consent. Both representatives submitted that the application was in the public interest and was not contrary to the Commission's Wage Fixing Principles. I accept the submissions of the parties and approve the variations sought for all the reasons advanced. Accordingly the award will be varied to include reference to the Retirement Benefits Fund Board and the Retirement Benefits Act 1993 where appropriate in the relevant clauses. The variations will be effective from 24 November 1997, the date of hearing, as agreed between the parties. The order is attached.
F D Westwood Appearances: Date and place of hearing:
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