T1507
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
On 29 June 1988, the President when granting a 4% salary increase to classifications contained in the Police Award (the Award) also ratified an agreement.1 That agreement amongst other things contained the following: "This agreement shall operate from the first full pay period commencing on or after 27 June 1988, and shall continue to operate for a period of 3 years or until the abovementioned parties agree to the variation of the Police Award (where necessary) to reflect the terms of this agreement." The prime purpose of this application is to reflect those necessary award changes. However, additional claims, if approved, will have the effect of tidying up the Award and appropriately updating some charges made to employees. While the application is by consent of the parties, Mr Philp sought additional wording to be added to some of the variations proposed by the Commissioner of Police. The additional wording requested in each case is that which is contained in the agreement referred to earlier. Having carefully considered the submissions of Mr Philp on this point and the draft order and agreement, it is my intention to include additional wording in one instance only. The parties have agreed, by changes to Clause 18.1(c) to impose an annual limit of $500 per annum to the light and power subsidy currently afforded employees in certain nominated circumstances and locations. As that amount will need to be reviewed from time to time, the following additional wording will be included in the Award: "The above maximum subsidy will be reviewed in June 1989 and each subsequent year to take into account any increase in Hydro Electric Commission charges or any other relevant factors." With the above addition, the application is granted and the Award will be varied accordingly. Mr Philp requested that the date of operation of the Award variations be the first pay period commencing on or after 27 June 1988, the date of implementation of the 4% second tier increase. If this application related to second tier matters only, I would have little hesitation in accepting that date. However, other matters, such as increased charges may cause problems if the Award was varied retrospectively. In the absence of advice going to the effect of a retrospective date of operation on such charges, I will vary the Award from a prospective date. That date will be the first pay period commencing on or after the date of this decision. An order varying the Award is attached.
J.G. King 1 TA1420 of 1988
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