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T5696

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Australian Education Union, Tasmanian Branch
(T5696 of 1995)

GENERAL CONDITIONS OF SERVICE AWARD

 

PRESIDENT F D WESTWOOD

9 AUGUST 1995

Award variation - kilometreage allowances - consent matter - award varied - operative ffpp 9.8.95

REASONS FOR DECISION

This was an application to adjust the kilometreage allowance rates contained in Clause 8, Allowances of the General Conditions of Service Award to reflect movement in the costs of private motoring over the six months to 31 March 1995.

The applicant organisation, the Australian Education Union, Tasmanian Branch (AEU) submitted that, using the formula determined by a Full Bench of this Commission in T.33 of 1985, the rates set out in Clause 8, P. Travelling, paragraph 2 Kilometreage Allowance, should be varied in the following manner:

 

2.1 Required User Category

 
   

ANNUAL KILOMETREAGE TRAVELLED

CENTS PER KILOMETRE

ON DUTY IN A FINANCIAL YEAR

Rate 1
2 litres
and above

Rate 2
Less than
2 litres

     

First 10,000 kilometres

52.87 (100%)

45.47 (86%)

Any additional kilometres

28.02 (53%)

24.32 (46%)

     

2.2 Occasional User Rate

   
     

ANNUAL KILOMETREAGE TRAVELLED

CENTS PER KILOMETRE

ON DUTY IN A FINANCIAL YEAR

Rate 3
2 litres
and above

Rate 4
Less than
2 litres

     

First 10,000 kilometres

35.25 (100%)

30.32 (86%)

Any additional kilometres

18.68 (53%)

16.22 (46%)

Mr Hunt for the AEU submitted that the Wage Fixing Principles of the Commission provided for such an adjustment to the rates and cited the Allowances Principle at 9.1.1:

9.1.1 Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses.

He said the public interest would not be offended by the increases to the allowances and he asked that the operative date of any order resulting from the matter be the first full pay period to commence on or after the date of the Commission's decision.

On behalf of the Minister for Public Sector Management, Ms Lawrence informed the Commission of the Minister's consent to the application.

Given the level of agreement reached on the method of calculating the increases to these allowances and the agreed view that they conform with the Wage Fixing Principles and are in the public interest, the application as amended is approved. The operative date to be the first full pay period to commence on or after 9 August 1995. The order dealing with this matter and other expense related allowances, the subject of Matter T5696 of 1995, will issue this day.

 

F D Westwood
PRESIDENT

Appearances:
Mr R Hunt and Mr C Lane for the Australian Education Union, Tasmanian Branch
Ms L Lawrence for the Minister for Public Sector Management

Date and place of hearing:
1995
Hobart:
August 7