TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Tasmanian Public Service Association
(T.3556 of 1991)

GENERAL CONDITIONS OF SERVICE AWARD
PORT ARTHUR AUTHORITY AWARD

Kilometreage rates

REASONS FOR DECISION

This application is to vary both the General Conditions of Service Award and the Port Arthur Authority Award by increasing existing provisions relating to the payment of a "kilometreage allowance" to employees using private motor vehicles for the purpose of their employment.

The matter is one of consent (apart from the question of operative date of effect) and relies upon a history of six monthly adjustments being regularly made following the establishment of a set formula as to how such adjustments may be made by the decision of a Full Bench1 of this Commission in 1985.

Reliance is also placed upon the fact that the allowance concerned is cost-related and the current Principles of Wage Fixation make provision for existing allowances which constitute a reimbursement of expenses incurred to be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses.

Since the present application applies the formula established by the Full Bench2 as to quarterly movements in the Hobart Private Motoring Sub-Group of the Consumer Price Index, is consistent with the requirements of the Wage Fixation Principles of this Commission, does not offend public interest criteria, and is a consent matter, the application is granted.

Accordingly both awards will be varied in a manner consistent with the application.

Operative Date of Effect

The TPSA argued that the date of effect of the award variation should be from the first full pay period to commence on or after 11 November 1991 as this was the date of the application.

However the controlling authorities concerned opposed any retrospectivity and suggested the date of hearing, i.e. 20 November 1991, should be the operative date.

The Act provides in Section 37(5) that:

"(5)  The Commission may, in an award, give retrospective effect to the whole or any part of the award -

(a) if and to the extent that the parties to the award so agree; or

(b) if, in the opinion of the Commission, there are special circumstances that make it fair and right to do so."

I am of the opinion that there is no evidence of special circumstances existing in this instance. Rather the picture is one where the Commission has responded promptly, and six monthly adjustments have been regularly made in the past. I suspect many would be envious of such a scenario, rather than feeling unfairly treated.

For these reasons the awards will be varied from the first full pay period to commence on or after 20 November 1991.

Orders are attached.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr K. Grey for The Tasmanian Public Service Association.
Mr A. Pearce for the Minister administering the Tasmanian State Service Act 1984 and the Port Arthur Historic Site Management Authority.

Date and Place of Hearing:
1991:
Hobart
November 20

1 T.33 of 1985
2 Ibid