IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This application made by the Transport Workers Union of Australia, Tasmanian Branch, was for the purpose of varying the Carriers Award to -

(a) increase rates of pay by $11.50 to reflect the second tier increase under Principle 4 - Restructuring and Efficiency;

(b) increase the meal allowance and travelling allowance by the percentage movements of the eight capitals Consumer Price Index under Principle 6 - Allowances; and

(c) make a cosmetic change for the purpose of clarification.

Mr. Lynch, representing the TWU, detailed the offsets negotiated in exchange for increases in the award.

They can be summarised as follows:-

1. Reduce the rates paid to casual employees when working overtime.

2. Create greater flexibility for the employment of juniors.

3. Extend the span of ordinary hours by 30 minutes.

4. Make provision for the accummulation of RDO's to a maximum of 10 over a 40-week period and a roster to be drawn up in advance for taking RDO's.

5. Vary the award to provide for a minimum of 4 hours work at the appropriate rate for the "first" call back, instead of each call back and a two hour minimum hire period for each subsequent call back.

6. Inclusion of a disputes settlement procedure in the award.

These offsets were virtually identical to those agreed to in the Australian Conciliation and Arbitration Commission when varying the Transport Workers Award 1983. This award has a long-standing nexus with that award which in itself cannot be a reason for me to vary the award.

Mr. Brotherson, representing the Tasmanian Confederation of Industries, submitted that the agreed offsets made the claim cost neutral.

Because the claim is to vary the rates contained in the award by $11.50, not all classifications will receive a 4% increase.

I am going to grant this part of the application, as I am satisfied the offsets are sufficient to warrant varying the award in the manner sought, and comply with the spirit and intent of the Wage Fixation Principles.

Increase in Allowances

The Wage Fixation Principles enable existing allowances which constitute a reimbursement of expenses incurred to be adjusted to reflect the relevant change in the level of such expenses.

The agreed position of the parties on this aspect of the claim was that the meal allowances and travelling allowances be increased by the upward movement in the CPI (average of 8 capitals) since the allowances were last varied.

This would bring the meal allowance to $5.20 and the travelling allowance to $15.60.

I am going to approve the agreement and vary the award to the extent requested by the parties.

Order:

The order giving effect to this decision is attached.

OPERATIVE DATE:

The operative date of this decision shall be on and from 21 July 1988.

R.J. Watling
COMMISSIONER