IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Each of the two applications filed by the Police Association and now dealt with by the Commission seeks variations to expense-related allowances to take account of movement in costs since the last alteration.

Neither matter required any specific initiative by the Commission as the question of expense-related allowances, including kilometreage allowances, had already been dealt with by a Full Bench in what might be described in popular terms as the customary way.

In this regard it is convenient to acknowledge that from time to time a special Full Bench, on application, revises expense-related allowances and kilometreage rates in accordance with established formulae; but in any case in a manner not inconsistent with the principles.

There is therefore an expectation that once the General Conditions of Service Award1 [that award being the customary vehicle considered by the Full Bench] has been dealt with, other awards having expense-related allowances in either identical or similar terms are generally varied in terms not dissimilar to the protocols laid down by the relevant Bench.

As the Police Award has usually been dealt with in this way, I see no reason to discontinue that practice at this stage. Accordingly the claimed money adjustments, which were not opposed by the Commissioner of Police during proceedings, will be approved, subject only to arithmetical checking.

As to the date of operation, the Association sought retrospectivity to the first pay period commencing on or after 11 August 1989 for adjustment of expense-related allowances. The requested operative date for alteration to kilometreage rates was the first pay period commencing on or after the date of decision on these claims.

In this regard the Commission is mindful that the Association's expense-related claim, and its kilometreage claim, were lodged on 12 May. This was before the Full Bench had even been convened to consider expense-related and kilometreage allowances set out in the General Conditions of Service Award2. However, as the Association had no intention of doing other than allowing its claims to lie dormant pending determination of the expected General Conditions of Service matters, the fact that the claims were lodged some 4 months ago is not a factor to be taken into consideration in deciding whether or not retrospectivity should be granted.

The Full Bench decision was, as stated by Mr. Kadziolka, effective from the first pay to commence on or after 11 August insofar as expense-related allowances were concerned. Revised kilometreage rates took effect some two weeks later.

With hindsight it is perhaps unfortunate that the Association was unable to process its claims in August, as the General Secretary resigned in August, and the recently appointed Assistant Secretary was taken ill. Moreover, the President of the Commission was himself on leave from late August until mid September. Quite clearly therefore the claims could not have proceeded in late August through to mid September in any case.

In the circumstances the award will be varied with effect from the first pay period commencing on or after 27 September. That date will apply to both applications.

L.A. Koerbin
PRESIDENT

1 S085
2 op.cit.