T1446

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T1446 of 1988	IN THE MATTER OF AN APPLICATION BY THE BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALIA (TASMANIAN BRANCH) TO VARY THE BUILDING TRADES AWARD

	RE: ALLOWANCES

COMMISSIONER R. J. WATLING	HOBART, 24 August 1988

REASONS FOR DECISION

APPEARANCES:

For the Building Workers' Industrial Union of Australia (Tasmanian Branch)	- Mr. R. Fuller with Mr. M. Cordwell

For the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch	- Mr. J.Bacon

For the Operative Painters and Decorators' Union of Australia, Tasmanian Branch	- Mr. W. Thompson

For the Plumbers and Gasfitters Employees' Union of Australia, Tasmanian Branch	- Mr. R. Hevey

For the Master Builders' Association of Tasmania	- Mr. A. Lenthall

For the Tasmanian Confederation of Industries	- Mr T. Edwards

DATE AND PLACE OF HEARING:

18 August 1988 Hobart

This application made by the Building Workers' Industrial Union of Australia (Tasmanian Branch), was for the purpose of varying the Building Trades Award to increase expense related allowances and in particular

(a) Meal Allowance;

(b) Living Away From Home - Distant Work Entitlement;

(c) Camping Allowance.

At the commencement of the hearing, Mr. R. Fuller (representing the BWIU) sought and was granted leave to amend the application to include employees in Division B - Plumbers and Division C Builders Labourers.

It was his submission that the three allowances had traditionally been varied following any adjustment in the National Building Trades and Construction Award 1975.

He said the award of the Australian Conciliation and Arbitration Commission was varied by Commissioner Bennett on 12 February 1988 and it was those rates he was seeking to have inserted in this award.

These allowances have been reviewed annually and the figures to determine the quantum of the increase have been as follows:

1. Meal Allowance - Australian Bureau of Statistics, Consumer Price Index (Food - Meals out and takeaway food);

2. Living Away from Home and Distant Work - Consumer Price Index - Holiday Accommodation - Australia - Weighted average of eight capital cities;

3. Camping Allowance - Australian Workers' Union Construction and Maintenance (Consolidated) Award 1987.

All parties to the award agreed with the applicant's claim and requested the Commission to endorse the proposals to vary the three allowances.

The Wage Fixation Principles stated, in part, when dealing with allowances, the following:

"(a) Existing Allowances

(i) Existings allowance which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses."

I am satisfied that Principle 6 - Allowances has been complied with and a case has been made out to vary the award in the manner sought and I decide accordingly.

Operative Date:

The operative date of this decision shall be from the first full pay period commencing or or after 24 August 1988.

Order:

An order giving effect to this decision is attached.

R. J. WATLING
COMMISSIONER

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