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T2094

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2094 of 1989

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN PUBLIC SERVICE ASSOCIATION TO VARY THE PORT ARTHUR AUTHORITY AWARD

RE: TRAVEL ALLOWANCE

   
   

COMMISSIONER P A IMLACH

HOBART, 6 February 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Tasmanian Public Service Association

- Mr L Delaney

   

For the Port Arthur Historic Site Management Authority

- Mr J McCabe

   

DATE AND PLACE OF HEARING:

 

5 February 1990  Hobart

 

This is an application by the Tasmanian Public Service Association (TPSA) to amend the Port Arthur Authority Award by introducing the same rates and conditions for travelling allowances as have applied in the General Conditions of Service Award since May 1989.

At the outset of the hearing, Mr L Delaney, appearing for the TPSA, sought to amend the original detailed claim by replacing it with the following simple cross-reference:

"Clause 31 - Travelling Allowances

The rate of payment and conditions for travelling allowances shall be as determined from time to time under the General Conditions of Service Award."

Mr J McCabe, appearing for the Chairman of the Port Arthur Historic Site Management Authority, agreed to the amended claim and I accepted the amendment.

Mr Delaney sought an operative date the same as that applying for the relevant General Conditions of Service Award amendment, 24 May 1989. Mr McCabe, on the contrary, sought the date of decision in this matter.

As indicated at the end of the hearing, I endorse the agreed amendment on the basis that the employees concerned are State Servants and therefore ought to be covered by the same terms and conditions and because a cross-reference, such as that claimed, is a sufficient and efficient way of ensuring the same conditions apply and are maintained.

I am satisfied that the current Wage Fixation Guidelines are not infringed by this decision in that it would be in accord with the reasons for the original endorsement under the Guidelines at page 3 of the decision by the Full Bench in the General Conditions of Service matter1 dated 6 June 1989.

The amendment will operate from the date of this decision.

An order is attached.

 

P A Imlach
COMMISSIONER

1 T1357 of 1988 et al