T7223
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited MEDICAL PRACTITIONERS (PRIVATE SECTOR) AWARD
Award variation - exemption from award superannuation fund - application approved - operative date ffpp 15 September 1997 REASONS FOR DECISION On 5 September 1997 the Tasmanian Chamber of Commerce and Industry Limited (TCCI) applied to the President to vary the Medical Practitioners (Private Sector) Award. The application sought to vary Clause 20(c) - Occupational Superannuation of the award in the following terms:
When the matter came on for hearing in Hobart on 15 September 1997, Mr R Brown appeared for TCCI and Mr C Brown appeared for the Health Services Union of Australia, Tasmania No 1 Branch (HSUA). HSUA is one of the employee organisations that has an interest in the award. Mr C Brown, for HSUA, did not object to the application. However, he did raise a number of issues concerning whether the advice given to the employees was adequate in terms of satisfying the Commission that their support of the application derived from informed consent. After hearing the parties I adjourned the proceedings sine die with directions that the employer provide employees with copies of all relevant materials regarding the proposed superannuation fund. In addition, I asked the employer to advise the Commission of steps taken to inform employees of relevant comparative details regarding the award nominated superannuation fund, HESTA. I also requested the employer to forward copies of those materials to the Commission and to Mr C Brown. Following a series of reminders from me throughout the year, I finally received the requested materials, as did Mr C Brown, in late November 1998. Accompanying those papers was the advice that "a further option of membership of 'HESTA' had been offered to employees ... but a preference to stay with the recently established Legal and General plan remains unaltered". After taking those materials and advice into account and following further discussion with Mr C Brown, I am satisfied that the employees concerned acted on the basis of informed consent. After taking into account the parties' submissions and the supporting documents put to me during the hearing and subsequently, I am satisfied that the Legal and General Super Choice Fund, a sub-group of Legal and General Superannuation Fund, is a complying fund in terms of Section 31(1B)(a) of the Industrial Relations Act 1984 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 that commenced on or after 15 September 1997.
B R Johnson Appearances: Date and Place of Hearing: |