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T1666

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T1666 of 1988

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN PUBLIC SERVICE ASSOCIATION TO VARY NOMINATED PUBLIC SECTOR AWARDS

RE: RECREATION LEAVE ALLOWANCE

   

COMMISSIONER RK GOZZI

HOBART, 20 December 1988

   

REASONS FOR DECISION

 

APPEARANCES:

 

For the Tasmanian Public Service Association

- Mr J Williams

   

For the Tasmanian Teachers Federation

- Mr C Lane

   

For the Hospital Employees Federation of Australia, Tasmania Branches No. 1 and No. 2

- Mr P Imlach

   

For the Secondary Colleges Staff Association

- Mr D Elliott

   

For the Minister for Public Administration

- Mr J McCabe

   

For the Tasmanian Council of Advanced Education

- Mr C Zyner

 

DATE AND PLACE OF HEARING:

 

7 December 1988 Hobart

   

Mr Williams appearing for the Tasmanian Public Service Association (the Association) sought the variation of various nominated awards as set out in the attached Schedule 1, to reflect the decision of the Full Bench in matters T.965, T.967, T.1015 and T.1016 of 1987 regarding the variation of the General Conditions of Service Award to provide a Recreation Leave Allowance Ceiling.

The Full Bench in its Reasons for Decision in those matters stated in part:

"Recreation Leave Allowance Ceiling

Applications T.967 and T.1016 of 1987 seek to amend Clause 8M - Recreation Leave Allowance, subclause (b) by deleting the figure $393 and inserting in lieu the figure $429.

The figure $393 represents the current maximum amount of annual leave allowance that can be paid to an employee.

The Minister's initial position in relation to this matter was one of expressing no opposition to the claim. However, following an invitation from the Commission the parties addressed alternative methods of increasing the allowance other than by adjusting it in accordance with CPI movements, which we believe would not accord with current Wage Fixing Principles.

Having considered the various options we believe the most appropriate method of adjustment is to tie the calculation of the maximum to an existing salary level. Such an approach will ensure that the maximum recreation leave allowance figure does not receive a disproportionately greater increase than is represented by general wage movements. Additionally it will remove the necessity for a separate application being lodged to adjust the allowance, each time there is a National or other general wage adjustment.

Adjustment on the above basis does no violence to the Wage Fixing Principles."

As a consequence of the Full Bench decision the General Conditions of Service Award was varied to include the following clause:

"8 M (b)

in no case where the allowance is calculated on the basis of 17.5 per cent of normal salary shall it exceed the allowance which would be payable in respect of the classification of Administrative and Clerical Employees Class IX, First Year of Service of the Clerical Employees Award (S081) on and from the first day of October, in respect of all recreation leave accrued during the previous 12 months".

In the present proceedings the Association's application was supported by all of the parties.

Additionally Mr Williams requested the Commission to accept an amendment to the Association's application to facilitate some very minor "tidying up" of clauses contained in some of the awards now requested to be varied.

Leave to amend the application in this way was granted.

DECISION:

As the application by the Association seeks to do no more than give effect to a Full Bench decision, before which the merits of this application were thoroughly canvassed, I have decided to adopt the findings of that Bench and import them into the the awards nominated by the Association in these proceedings.

I note that an application in identical terms is before Commissioner Watling. As this application varies awards, including the one before the Commissioner it may not be necessary for him to proceed with that matter.

The operative date for the variations now determined will be on and from the first day of October 1988 with the exception of the

Police Departmental Employees and Road Safety Officers Award

Teaching Service (Directors and Superintendents) Award

Teaching Service (Supervisors) Award

Technical and Further Education Staff Award

Teaching Service (Non Teaching Staff) Award

for which the operative date will be on and from the first day of January 1989.

The "minor" variations requested to be made by Mr Williams are also endorsed by me.

These are in respect of the -

(i) Police Departmental Employees and Road Safety Award -

Clause 16 - Recreation Leave Allowance is superfluous as Clause 9(e) Other Allowances makes reference to recreation leave by reference to the General Conditions of Service Award.

Whilst my preferred position is in the main for conditions of employment to be identified in the relevant award I can see merit in a rationalised approach being adopted for State employees where the conditions of employment are as those contained in the General Conditions of Service Award.

(ii) General Conditions of Service Award -

Subclause 8M(e) Recreation Leave Allowance repeats a provision already contained in subclause d(i) of Clause 8.

Accordingly subclause (e) is able to be deleted and I decide accordingly.

The operative date for the variations to the above two awards will be from the date of this decision.

The relevant orders are attached.

 

RK Gozzi
COMMISSIONER

SCHEDULE 1

AWARD TITLE

T.C.I. No:

Clause No:

Advanced Education Service Award

S075

9(h)

Hospital Employees (Public Hospitals) Award

S093

21(ii)

Inland Fisheries Commission Staff Award

S095

19(ii)

Medical Practitioners (Public Sector) Award

S099

16(b)

Parliamentary Staff Award

S106

14(ii)

Police Departmental Employees & Road Safety Officers Award

S110

16(b)

Prison Officers Award

S112

16(ii)

Tasmanian Dairy Industry Authority Staff Award

S126

16(ii)

Teaching Service (Directors & Superintendents) Award

S128

15(ii)

Teaching Service (Supervisors) Award

S131

14(ii)

Technical and Further Education Staff Award

S133

14(a)(ii)

Teaching Service (Teaching Staff) Award

S132

14(ii)

Teaching Service (Non Teaching Staff) Award

S130

13(ii)