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T5695

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Australian Education Union, Tasmanian Branch
(T5695 of 1995)

GENERAL CONDITIONS OF SERVICE AWARD

 

PRESIDENT F D WESTWOOD

9 AUGUST 1995

Award variation - expense related allowances - consent matter - award varied - operative ffpp 9.8.95

REASONS FOR DECISION

This application was to vary the expense related allowances in the General Conditions of Service Award by amounts equivalent to the movement in the Consumer Price Index Eight Capital Cities Weighted Average over the twelve month period 1 April 1994 to 31 March 1995.

The applicant organisation, the Australian Education Union, Tasmanian Branch (AEU) tendered an extract from the ABS Catalogue No. 6401.0 Consumer Price Index, March Quarter 1995, to establish the percentage movement in the relevant period, which was calculated to be 3.9% The AEU relied on the decision of a Full Bench of the Commission in Matter T.833 of 1987 which had determined the formula to be used in calculating expense related allowance adjustments.

The AEU's application contained a list of provisions in the award to be varied and set out the proposed new rates for each provision. It was submitted that the application was consistent with the Commission's Wage Fixing Principles 1994 and more particularly was provided for in the Allowances Principle, Existing Allowance 9.1.1 which is as follows:

9.1.1 Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses.

Mr Hunt said the variation, if approved, was not offensive to the public interest tests contained in Section 36 of the Industrial Relations Act 1984. He asked that the Commission grant an operative date coinciding with the date of the Commission's decision.

Ms Lawrence appearing for the Minister for Public Sector Management, indicated the Minister's consent to the application and also requested that the operative date be the date of the Commission's decision.

I accept the parties' submissions in relation to the public interest and the Commission's Wage Fixing Principles and, since the variations proposed conform to the precedent established in matter T.833 of 1987, I approve the application in the terms sought operative from the first full pay period to commence on or after 9 August 1995.

The order dealing with this matter and Matter T5696 of 1995, kilometreage allowance adjustments, will issue this day.

 

F D Westwood
PRESIDENT

Appearances:
Mr R Hunt with Mr C Lane for the Australian Education Union, Tasmanian Branch
Ms L Lawrence for the Minister for Public Sector Management

Date and place of hearing:
1995
Hobart:
August 7