[2009] AIRCFB 850 |
|
DECISION |
Workplace Relations Act 1996
s.576H—Commission may vary modern awards
HORSE AND GREYHOUND TRAINING AWARD 2010
[MA000008]
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 21 SEPTEMBER 2009 |
[1] On 7 May 2009 the Australian Trainers’ Association (the applicant) made an application to vary cl.19.4 of the Horse and Greyhound Training Award 2010 1 under s.576H of the Workplace Relations Act 1996. The application seeks to include Nationwide Superannuation Fund in the list of default superannuation funds.
[2] The applicant 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. The applicant filed a submission dated 18 June 2009 in which it relied on the grounds in its application. No other submission was filed.
[3] A letter addressed to the President and attached to the application to vary includes the following paragraphs:
“The Australian Trainers Association (ATA) has had a long standing relationship with Nationwide Superannuation Fund (Nationwide), being the preferred superannuation fund into which employees in the horse training industry, namely stablehands and horse trainers, make superannuation contributions. Nationwide is a fund experienced and specialised in managing superannuation for employees in the horse training industry. It was always the intention of both the ATA and the Australian Workers’ Union (AWU) that Nationwide would be included as a default fund in the Award.
It has recently come to the attention of the ATA and the AWU that Nationwide was not listed as one of the default superannuation funds referred to in clause 19.4 of the Award. The ATA discussed the matter with the AWU and both agreed to write to the Commission to seek rectification of the Award. The AWU wrote such a letter dated 25 March 2009.
The ATA agrees with and supports all of the matters set out in the AWU’s letter. The ATA requests that the Commission exercise its powers to rectify the Award, and add Nationwide as a default superannuation fund in Clause 19.4 of the Award. To make such variation to clause 19.4 of the Award would not cause prejudice to anyone, particularly as the Award has not yet commenced.”
[4] The letter from the Australian Workers’ Union referred to was also attached to the application. It includes these paragraphs:
“It was the intention of both the Australian Workers’ Union and the Australian Trainers’ Association to include the Nation Wide Superannuation Fund as one of the default funds listed in clause 19.4 of the above-mentioned award.
The Nation Wide Superannuation Fund is in fact the most widely used fund by employers who will become respondents to this Award. Additionally, there is an arrangement between the fund and the employer organisation that when an employer stops paying they are notified. The Australian Trainers' Association then notifies the Australian Workers’ Union who can follow up on behalf of the employee before the problem becomes too large. Furthermore, the fund is the only one currently listed in the federal Horse Training Award 1998 and removing it would cause a large amount of confusion for small employers.”
[5] On the basis of this material we grant the application. We shall make an order varying cl.19.4 to include Nationwide Superannuation Fund in the list of funds there set out.
BY THE COMMISSION:
PRESIDENT
1 MA000008.
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