T3128
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister administering the Tasmanian State Service Act 1984 GENERAL CONDITIONS OF SERVICE AWARD
Board and Lodging REASONS FOR DECISION This matter concerns an application by the Minister administering the Tasmanian State Service Act 1984 to vary provisions relating to amounts of money which may be deducted from salaries where board and/or lodging is provided to employees. In the case of the General Conditions of Service Award the application is to vary only the "lodging" component by increasing the current amount of $16.37 by 80 cents per week, being an increase of 4.9%. The formula used equals the movement in the CPI for the period March 1990 to May 1991 (Catalogue 6401.0). However, in the case of the Hospital Employees (Public Hospitals) Award the application is to vary both the board (meals) and lodging components. In an earlier decision this year a Full Bench1 decided to increase meal charges contained in separate clauses of both awards for reasons contained in that decision. Subsequent applications have been heard and flowed-on the effect of the Full Bench's decision (see T.3086 of 1991). Since this is a consent matter which relies upon the same increase and the same reasons previously published I have decided to increase the meal charges component of the board and lodging clause of the Hospital Employees (Public Hospitals) Award in conformity with the figures contained in the applications. This increase will be phased in over approximately 18 months. Turning now to the "lodging" component of the respective clauses of both awards, that too follows a formula established by a Full Bench2 decision and a pattern of adjustment of cost related allowances from time to time and using the same basis of adjustment. The most recent of those decisions3 dealt with nine nominated awards and was handed down by myself on 17 June 1991. Given these circumstances, and that to grant the application as a whole would be allowable within the current Wage Fixation Principles and would be consistent with public interest criteria of Section 36 of the Act, the board component of the board and lodging clauses also receives my support. It is my decision therefore that both awards will be varied in the manner sought by the applicant. Finally the present application impinges upon separate application T.3087 of 1991, and the applicant has sought to withdraw that application because it deals, in part, with the same subject matter before me. Matter T.3087 is not before me but has been listed for hearing before another member on 29 July 1991. As a consequence the request for withdrawal needs to be redirected to the member of the Commission concerned. Operative Dates 1. The variation to both awards relating to the "lodging" component shall have effect from the beginning of the first pay period to commence on or after 25 June 1991. 2. The variation to the Hospitals (Public Hospitals) Award relating to the meal component shall be phased in, with the first increase applying from the first pay period to commence on or after 25 June 1991. Subsequent increases shall apply from the beginning of the first pay period to commence on or after 6 November 1991 and 6 November 1991, respectively. Order In respect of the General Conditions of Service Award the order is attached. Publication of any Order varying the Hospitals (Public Hospitals) Award is within the area of responsibility of Commissioner Watling.
A. Robinson Appearances: Date and Place of Hearing: |