T1618, T1636, T1622, T1626, T1635, T1647 and T1656
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
These applications, made by the respective unions, sought to do two things:
Special Rates On 5 September 1988, a Full Bench of the Commission, when handing down the State Wage Case decision, granted an increase to all wage rates, leading hands' rates, shift allowances (where expressed in money terms) and the minimum wage. As a result of that decision, it was left to individual Commissioners to process the necessary award variations. The Building Trades Award is a reasonably complex award so I convened a conference of the parties to that award to finalise the orders. As 'Special Rates' were not specifically mentioned in the State Wage Case decision, I suggested to the parties that a specific application be made to deal with this question. This was done and at the hearing the parties agreed that 'Special Rates' be varied by 3%. A summary of the main submissions in support of the claim is as follows:
"(a) Existing Allowances (i) ... (ii) Existing allowances which relate to work or conditions which have not changed may be adjusted from time to time to reflect State wage increases, except where a flat money amount has been awarded, provided that shift allowances expressed in awards as money amounts may be adjusted for flat money amount State wage increases."
DECISION In dealing with this part of the claim, I am treating it as a finalisation of the orders arising out of the State Wage Case decision as it cannot be expected that a common rule determination cover every nuance contained in every award of the Commission. I have noted the arguments of the parties, and I recognise that these rates have been increased in the past when a percentage increase has been granted in the State Wage Case. All the parties to the hearing paid little, or no attention to the precise Divisions to be varied as a result of this application as most of the submissions went to the question of the principle of 'Special Rates' being varied. It is my intention, once again, to vary these 'Special Rates' in Divisions A, B, C and F thus applying the traditional movements to all the 'Special Rates contained in this award. The operative date of this part of the application will be from the first full pay period to commence on or after 15 September 1988 and I decide accordingly. An Order giving effect to this part of the decision will be contained in the order giving effect to the State Wage Case decision. Expense Related Allowances History On 24 August 1988, I handed down a decision granting increases in:-
The operative date of that decision was from the first full pay period to commence on or after 24 August 1988. The variations were dealt with in accordance with the Wage Fixing Principles as they were reimbursements of cost related allowances. The increase predominantly reflected the movements in the Consumer Price Index up to and including the September 1987 quarters. This hearing followed a similar one conducted in the Australian Conciliation and Arbitration Commission on 12 February 1988. However, application was not made to vary allowances in the State Building Trades Award until 4 July 1988. Current Application The claims currently before me are similar those made in July 1988 to increase expense related allowances with the inclusion of 'Fares and Travelling'. My task is to determine whether or not the following allowances contained in Divisions A, B and C of the award should be increased by the amounts sought. They are:
The figures used to support the applications to determine the quantum of the increase were: Fares and Travelling - Australian Bureau of Statistics Consumer Price Index weighted average of Eight Capitals; Transportation; up to and including the June quarter 1988. Tool Allowance - Australian Bureau of Statistics Consumer Price Index weighted average of Eight Capitals; up to and including the June quarter 1988. Meal Allowance - Australian Bureau of Statistics Consumer Price Index weighted average of Eight Capitals; Food Meals out and take away foods; up to and including the June quarter 1988. Living Away From Home - Distant Work - Australian Bureau of Statistics Consumer Price Index weighted average of Eight Capitals; Holiday Accommodation in Australia; up to and including the June quarter 1988. The Australian Conciliation and Arbitration Commission also dealt with and granted a similar application with an operative date of 1 July 1988. This was the operative date sought by the applicants in this matter. DECISION I have been persuaded by the submissions of the parties that these expense related allowances contained in Divisions A, B and C of the award should be varied by the amounts claimed as they conform with the Wage Fixing Principles. Turning now to the question of the operative date. I have noted the submissions by the unions and the Master Builders' Association of Tasmania in support of an operative date of 1 July 1988. I have also noted the submission of the Tasmanian Confederation of Industries opposing retrospectivity but they recognised the Australian Conciliation and Arbitration Commission made its decision operative from the date sought by the unions and the MBA. It is my decision that no retrospectivity will be granted to the increases of these allowances. The main reasons for rejecting this part of the claim are:
For these reasons I determine that the operative date for the previously-mentioned expense related allowances be from the first full pay period to commence on or after 28 October 1988. ORDER An order giving effect to this part of the decision will issue in due course.
R. J. WATLING | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||