T6189, T6190, T6191, T6192 and T6195
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union GENERAL CONDITIONS OF EMPLOYMENT AWARD
Award variation - expense related allowances - award varied - operative ffpp 23 May 1996 REASONS FOR DECISION These matters were joined and heard together because they each sought to amend existing allowances which constitute a re-imbursement of expenses incurred, and the fact that the applications sought to follow principles determined by a Full Bench, i.e. matter T.833 of 1987 (Section 35(2) of the Act). The adjustments sought were based upon movements in the annual increase in the Consumer Price Index, March quarter 1996 on March quarter 1995, for the eight capital cities weighted average. In this regard The Community and Public Sector Union (State Public Services Federation Tasmania), as applicant in each matter, tendered an extract from the ABS Catalogue No. 6401.0 to substantiate the fact that the percentage movement over the relevant period was 3.7%. Other parties present at the hearing did not oppose the increases sought because they were accepted as being consistent with Section 36 of the Act (public interest), the Commission's Wage Fixing Principles, and the fact that there had been an opportunity to check the accuracy of figures contained in draft orders prepared by the applicant. I agree with those reasons and adopt them in support of my decision to grant the applications and to vary the awards listed in the manner requested. There was not agreement in relation to the question of what should be the date of effect of the increased allowances and the applicant argued that a retrospective date was appropriate in the present circumstances. All five applications were received on 2 May 1996, processed, and then heard on 23 May 1996. It is to be noted also that the release of ABS Catalogue No. 6401.0 which contained material relating to the March Quarter 1996, was embargoed until 23 April 1996. Given these circumstances it seems to me that there are no special circumstances which would warrant giving retrospective effect to the matters before me. I therefore decide that the date of effect of all variations shall be the first full pay period to commence on or after 23 May 1996.
A Robinson Appearances: Date and Place of Hearing: |