IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

In the Full Bench decision in matter T.33 of 1985, dated 13 June 1985, the Commission substantially varied the kilometreage allowance provisions contained in the General Conditions of Service Award (the award).

The variations decided upon in that matter incorporated the future utilisation of a formula to be used to calculate allowances, based upon movements in the Hobart Transportation, Private Motoring subgroup CPI Index, on a six monthly basis.

The Private Motoring subgroup of the CPI measures costs associated with (a) motor vehicle purchase; (b) automotive fuel and (c) "other motoring costs". Consequently the adoption of a formula based on movements in this subgroup enables kilometreage allowances to be adjusted in line with Principle 9(a)(i), which provides:

"(a)   Existing Allowances

(i) Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses."

Since the decision in T.33 of 1985, there have been two applications prior to this instant one, which sought and obtained increases in line with the abovementioned formula; these applications being T.273 of 1985 which was based on the index number for the six months ending 30 September 1985, and T.391 of 1986 with respect to the six months ending 31 March 1986.

The rates specified in this application, which are based on the Hobart Private Motoring CPI index number for the September 1986 quarter of 165.0, are also granted.

Operative Date

The parties were in agreement that the operative date for the new rates should be the beginning of the first full pay period commencing on or after 30 October 1986; this being the first such date after the national release date of 23 October 1986 for the relevant ABS information.

The submissions on quantum and operative date by Mr. Williams, appearing for the T.P.S.A., were supported by Mr. McCabe who appeared for the Minister for Public Administration.

Mr. McCabe did however acknowledge that some problems can occur when, as in this matter, the application is not submitted promptly.

In my decision in matter T.273 of 1985, already referred to, I made the following observations with respect to operative dates for future kilometreage allowance variations to the award:

"Whilst deciding on 31 October 1985 as the operative date on this occasion, I wish to indicate that it is the responsibility of the applicant to expeditiously lodge applications to vary the rates after the CPI information becomes available.

The matter of future operative dates will be the subject of future decisions. I can, however, indicate that I do not anticipate any problems with the continuation of an operative date commensurate with the beginning of the first full pay period commencing on or after the release date of the ABS CPI information, providing that the application is lodged promptly.

The parties expressed agreement with such an approach."

Underlining mine    Decision pp.4--5

In this instant case, the ABS printout containing the relevant Hobart CPI index number was received by the Commission on Monday 10 November 1986.

On the other hand the T.P.S.A. application to vary the award is dated 15 December 1986. I do not regard this as "responding promptly" as envisaged would be the case when this question was raised with the parties in T.273 of 1985.

For its part the Commission certainly responded expeditiously in listing the matter for hearing and finalisation.

In the circumstances I have determined that the award variations will be operative from the beginning of the first full pay period commencing on or after the date of this decision.

The order giving effect to my decision is attached hereto.

R.K. Gozzi
COMMISSIONER