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Tasmanian Industrial Commission

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T10532

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s55 application for the approval of an industrial agreement

Australian Municipal, Administrative, Clerical and Services Union
Tasmanian Council on AIDS, Hepatitis and Related Diseases Inc.

(T10532 of 2002)

TasCAHRD /A.S.U. INC SALARY PACKAGING AGREEMENT 2002-2005

 

DEPUTY PRESIDENT R J WATLING

HOBART, 20 November 2002

Industrial agreement - agreement approved - operative date ffpp 9 November 2002 - for a period of three year - forwarded to Acting Registrar for registration

REASONS FOR DECISION

[1] This application was lodged, pursuant to section 55 of the Industrial Relations Act 1984, by the Australian Municipal, Administrative, Clerical and Services Union (the Union) and the Tasmanian Council on AIDS, Hepatitis and Related Diseases Inc. (the employer) for the purpose of filing an agreement with the Commission.

[2] The agreement, to be known as the TasCAHRD /A.S.U. INC SALARY PACKAGING AGREEMENT 2002-2005, proposes an operative date of the first full pay period to commence on or after the 9 November 2002 and to remain in force for a period of three year.

[3] Mr I Paterson, for the Union, informed the Commission that the agreement makes provision to enable the full-time and part-time employees to "package" their salary up to the maximum allowable under relevant federal legislation, into a non-salary fringe benefit.

[4] He said, the terms and conditions of such a package must comply with taxation and other relevant laws and, when viewed objectively, the package must not be less than the entitlements the employee would have otherwise received under the award.

[5] Ms I Ritt, for the employer, supported the submission of Mr Paterson.

[6] Having considered the submissions of the parties, I am satisfied the agreement should be approved as it is consistent with s.36 of the Act. In addition the agreement is nearly identical to one previously approved [T8652 of 1999] in the name of the parties.

[7] The file will now be referred to the Acting Registrar in accordance with the requirements of s.56(1) of the Act.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union
Ms I Ritt, for Tasmanian Council on AIDS, Hepatitis and Related Diseases Inc.

Date and place of hearing:
2002
November 20
Hobart