T231-234, T235, T239 and T244
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
In the Commission decision of 27 September 1985, varying the General Conditions of Service Principal Award in respect of the maximum amount of recreation leave allowance payable, the Full Bench stated, inter alia, at page 5: "During the hearing the Tasmanian Public Service Association informed the Commission that there were a number of Public Sector awards which contained a similar provision to this 'parent' award. We have taken this fact into consideration when arriving at our decision and we believe those awards containing a Recreation Leave Allowance proviso, similar to this Award, should be varied upon application in a like manner." Consequently, these applications now before the Commission emanate from the guidance given by the Full Bench in the aforementioned earlier proceedings. In the matters currently before me, I was informed by Mr. Lane, appearing for the Tasmanian Teachers Federation and the Tasmanian Institute of Superintendents of Education, of the mechanics by which the now requested maximum level of the allowance, $362 p.a., is achieved. Mr. Lane also brought to my attention the fact that the operative date for the variations he wished to be made should be 1 January 1986, as 1 January is the annual date specified in the relevant clauses of the awards applicable to the parties on whose behalf he appeared. Mr. Lane also submitted that Principle 9(a)(ii) appropriately accommodated the variations requested to be made. The entire thrust of Mr. Lane's submission was endorsed by Mr. Philp, who appeared for the Tasmanian Public Service Association and the Hospital W loyees' Federation of Australia, Tasmanian Branch No. 2. The Controlling Authorities did not oppose the proposed variations. Decision I am satisfied that the variation made by the Full Bench to the General Conditions of Service Principal Award in T.205 of 1985 should flow-on to the awards presently under consideration . Principle 9(a)(ii) provides the proper framework for the processing of these applications, and that Principle is not contravened. Accordingly, the applications are granted. The appropriate operative dates are as specified in the orders attached.
R.K. Gozzi Awards Varied: |
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