IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Applications T.1025 of 1987 and T.1036 of 1987, lodged by the Police Association of Tasmania, sought variation of the Police Award in relation to recreation leave allowance and expense related allowances respectively.

APPLICATION T.1025:

This application related to the maximum amount of recreation leave loading payable to members where the allowance is calculated on the basis of 17.5 percent of normal salary. The applicant sought to increase the amount of $393 specified in subclause 17.2.3(b).

During proceedings Mr. Philp requested and was granted leave to amend the application. The effect of this was to tie the calculation of the maximum allowance payable to an appropriate rate in the Police Award rather than, as has been the custom, relating it to a specific amount taken from the General Conditions of Service Award. The logical salary, he suggested, should be that of Senior Sergeant.

He submitted that the amended claim was within the Commission's current wage fixing principles.

Effectively, if the claim succeeded, the maximum recreation leave loading payable would increase from $393 to $402.

The Association claimed an operative date for application of the revised ceiling of 1 January 1988. This date, it was explained, would be consistent with the commencement of the police recreation leave year.

Mr. McCabe, representing the Minister for Public Administration, referred to a Full Bench decision in Matter T.967 of 1987. This was an application that sought variation of the General Conditions of Service Award by increasing the maximum amount of recreation leave allowance payable. He said the Government's submission in relation to the present application was that as there was obvious correlation between the two allowance clauses. Whatever decision was taken by that Full Bench should apply in principle to the Police Award.

He agreed that as there are no clerical rates included in the Police Award the Senior Sergeant (base) rate would be a more appropriate basis for calculation than relating the allowance to a rate in the Clerical Officers Award. He suggested that if, in future, it was found, for one reason or another, that the rates were becoming too disparate, application could be made to the Commission to redress the matter. He raised no objection to the requested date of operation of any variation, namely 1 January 1988.

Inspector Ames, on behalf of the Commissioner for Police, supported the claim and the notion of tying calculation of the maximum amount payable to a formula based upon the commencing rate prescribed for a Senior Sergeant.

DECISION

The "parent" award for recreation leave allowance is unquestionably i

the General Conditions of Service Award1. That award contains no wage rates as such. The maximum recreation leave allowance payment was stipulated as $393 per annum and not tied to any wage rate. More recently, in order to obviate the need for separate applications to establish a revised payment limit, it has been determined that the ceiling amount shall be ascertained by applying 17 1/2 percent to 4 weeks' salary of a Class IX Clerical Officer whose commencing salary is presently $29636. Application of that formula produces a rounded figure of $399 per annum. That is the maximum that shall apply in this award.

While the suggestion that the upper limit be determined by application of the formula to a Senior Sergeant base salary has prima facie merit, to accede to that request would only establish a precedent for other awards. Inevitably this would result in a miscellany of different limits for no good reason.

Accordingly the revised limit ascertained by reference to the General Conditions of Service Award formula is approved, but the request to tie calculation of the limit to the Senior Sergeant rate is refused. The operative date shall be as agreed by the parties, namely 1 January 1988.

APPLICATION T.1036:

The Association submitted that this claim sought to amend expense related allowances contained in the Police Award by 11.96 per cent.

This would accord with the Full Bench decision in respect of the General Conditions of Service Award in Matter T.833 of 1987.

Allowances to be varied were set out in the application, viz:

Many of the, allowances cited in the application are unique to the Police Award and therefore have no counterpart per se in the de facto parent award. Mr. Philp also expressed the Association's concern at the rate for motor cycle allowance, which has not been varied since July 1986.

The applicant requested an operative date of 29 October 1987, being the commencement of the first full pay period commencing on or after the date of the Full Bench decision in Matter T.833 of 1987.

Mr. McCabe acknowledged that the Police Association's application in relation to expense related allowances in the Police Award was consistent with the Commission's current wage fixing principles.

He agreed that the percentage factor of 11.96, which was determined in Application T.833 of 1987, was correct and reflected the appropriate CPI movement. He therefore raised no objection to the variations sought. The proposed operative date of 29 October 1987 was also confirmed as being consistent with that in the abovementioned matter.

Inspector Ames concurred in the Association's claim and the requested operative date.

DECISION:

Having heard the parties in relation to Matter T.1036, the Commission is satisfied that, with the exception of Motor Cycle Allowance, the application is in accord with the current wage fixing principles insofar as they relate to adjustment of expense-related allowances. The award will therefore be varied in the manner proposed with an operative date from the first full pay period commencing on or after 29 October 1987.

With regard to Motor Cycle Allowance, the Commission will dismiss that part of the application, on the understanding that it does so not because the application lacks merit but because the parent award has not been varied. The Commission acknowledges that prima facie this allowance has fallen behind and is in need of review.

The matter will be brought to the attention of Commissioner Gozzi who may wish to refer it to the Tasmanian Public Service Association to process via an Anomalies Conference. In any case it should become the subject of a separate application.

L.A. Koerbin
PRESIDENT

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