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T11156

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and Miscellaneous Workers Union
- Tasmanian Branch

(T11156 of 2003)

CHILD CARE AND CHILDRENS SERVICES AWARD

 

DEPUTY PRESIDENT R J WATLING

HOBART, 26 November 2003

Award variation - superannuation - eligible employee - consent matter - application granted - award varied - operative date 26 November 2003

REASONS FOR DECISION

[1] This is an application made pursuant to s.23 of the Industrial Relations Act 1984, by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the Union).

[2] The application sought to vary the Child Care and Childrens Services Award and, in particular, to insert in Part III - Wage Rates and Related Matters, Clause 4 - Superannuation, a new subclause pertaining to "eligible employee".

[3] Mr P Tullgren, for the union, said the superannuation clause contained in the award states that "contributions shall be paid by employers on the basis of 9% of ordinary time earnings for all eligible employees (as defined)", however no definition appears in the clause or the award.

[4] He said the purpose of the application was to reinsert the definition of "eligible employee" that was inadvertently removed during the award restructure and review process.

[5] Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited, agreed the application was only seeking to rectify an omission. She said it was not the intention of the parties to remove the definition during the award review process.

[6] The Commission and the parties to the award received correspondence from The Association of Independent Schools of Tasmania in respect this application. That correspondence raised the proposition that employers should not be obliged to make superannuation contributions of 9% on behalf of employees who earn less than $450 in any one month. Both Mr Tullgren and Ms Thomas whilst acknowledging the correspondence, were nevertheless of the view that it was a separate issue and they agreed the parties to the award would have further discussions on the superannuation clause at a future date.

[7] Having heard the submissions from the parties, I am satisfied that the purpose of the application is to rectify an omission, therefore, the Award should be varied in the manner set out in the draft order presented by the Union. In approving the application, I am satisfied it is not contrary to the public interest test required pursuant to s.36 of the Act.

[8] The Order giving effect to this decision is attached and will be operative on and from the 26 November 2003.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2003
November 26
Hobart