T5859
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union
Award variation - meal allowance and kilometreage allowance - award varied - operative from 23.10.95 REASONS FOR DECISION This application, as amended, was to vary Clause 19 - Kilometreage Allowance, and Clause 22 - Meal Allowance in accordance with variations already approved in the General Conditions of Service Award1. The applicant organisation, the Community and Public Sector Union (State Public Services Federation Tasmania) (CPSU) submitted that the variations sought and the formula for calculation mirrored variations already approved by the Commission in the General Conditions of Service Award. In respect of the meal allowance provision, an extract from the ABS Catalogue No. 6401.0 Consumer Price Index, March Quarter 1995, was tendered to establish the percentage movement of 3.9% in the relevant period. In respect of the Occasional User Category in the Kilometreage Allowance provision, the Commission was provided with the movements in the private motoring subgroup of the Transportation Index Number up to the March quarter 1995. These formulae were adopted by the Commission to determine movements in expense-related allowances and kilometreage allowance amounts in Matters T833 of 1987 and T33 of 1985 respectively. Mr Miller, appearing for the CPSU, requested an operative date of 9 August 1995 in line with the date that the General Conditions of Service Award had been varied to reflect the recent increases. Mr Watson, representing the Port Arthur Historic Site Management Authority, agreed with the variations as sought by the CPSU and also agreed that the application was consistent with the Commission's Wage Fixing Principles and did not offend the public interest tests contained in section 36 of the Industrial Relations Act. However, he opposed any retrospective adjustment of the award and suggested that the operative date for variation should be the date of hearing. I accept the parties' submissions 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 for the purposes of section 36 of the Industrial Relations Act. Accordingly the award will be varied from the date of hearing, 23 October 1995. The order is attached.
FD Westwood Appearances: Date and Place of Hearing:
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