T5858
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union INLAND FISHERIES COMMISSION STAFF AWARD
Award variation - district allowance - award varied - operative 23.10.95 REASONS FOR DECISION This application was to vary Clause 14 - District Allowance of the Inland Fisheries Commission Staff Award in accordance with variations already approved for expense related allowances in the General Conditions of Service Award1. Mr Miller, appearing for the applicant, tendered an extract from the ABS Catalogue No. 6401.0 Consumer Price Index, March Quarter 1995 which established that the percentage movement for the relevant period was calculated to be 3.9%. He submitted that as in the General Conditions of Service Award matters, this application 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. He requested an operative date of 9 August 1995 which he said was the date upon which the General Conditions of Service Award had been varied. Mr Millhouse, on behalf of the Minister for Public Sector Management supported the application to vary. He said the rates correctly reflected those in the General Conditions of Service Award. He said that the application was consistent with the Wage Fixing Principles and the formula determined by the Commission in Matter T833 of 1987. However, the Minister did not support a retrospective date of operation. Mr Millhouse suggested that it be the date of hearing. I accept the parties' submissions in support of the proposed increase and in relation to the public interest and the Commission's Wage Fixing Principles. However, I do not agree with the applicant that the reasons for seeking retrospectivity are capable of being regarded as special circumstances as required by the legislation where the parties to the award do not agree. Accordingly the award will be varied operative from the date 1995. The order is attached.
F.D. Westwood Appearances: Date and place of hearing:
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