[2009] AIRCFB 849

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

DECISION

Workplace Relations Act 1996
s.576H—Procedure for carrying out award modernisation process

AustSafe Super Pty Ltd (as Trustee of AustSafe Super)
(AM2009/4, 5 & 6)

HORTICULTURE AWARD 2010
[MA000028]

NURSERY AWARD 2010
[MA000033]

SILVICULTURE AWARD 2010
[MA000040] 

JUSTICE GIUDICE, PRESIDENT
VICE PRESIDENT LAWLER
VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT HARRISON
SENIOR DEPUTY PRESIDENT ACTON
COMMISSIONER SMITH

MELBOURNE, 21 SEPTEMBER 2009

[1] By three applications, each dated 19 May 2009, AustSafe Super Pty Ltd (as trustee of AustSafe Super) (AustSafe), applied to vary cl.23.4 of the Silviculture Award 2010, 1 cl.22.4 of the Nursery Award 2010 2 and cl.21.4 of the Horticulture Award 2010 3 respectively under s.576H of the Workplace Relations Act 1996. The applications seek to include AustSafe in the list of default superannuation funds in each award.

[2] AustSafe was directed to file written submissions by 19 June 2009. Other interested parties were given an opportunity to file a submission by 10 July 2009. AustSafe relied upon the submissions which accompanied the applications to vary. No other submissions were filed. On 14 July 2009 AustSafe wrote to the Commission, pointed out that its application was unopposed and urged the Commission to grant the applications.

[3] It is clear from the material in the applications that AustSafe is named as a default fund in relevant State awards and that the main union with an interest in these awards, the Australian Workers’ Union of Employees, Queensland, supports the applications.

[4] We have decided to grant the applications. Orders will be made varying the awards by adding AustSafe to the list of default funds in the superannuation provision.

BY THE COMMISSION:

PRESIDENT

 1   MA000040.

 2   MA000033.

 3   MA000028.




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