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T6267

 

TASMANIAN INDUSTRIAL COMMISSION

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

Automotive, Food, Metals, Engineering,
Printing & Kindred Industries Union

(T6267 of 1996)

AUTOMOTIVE INDUSTRIES AWARD

 

PRESIDENT F D WESTWOOD

HOBART, 1 November 1996

Award variation - variation of allowances in Clause 75, Use of Motor Vehicles - deletion of Division G, Automotive Centres Attached to a Retail Store - consent application - operative ffpp 30.8.96

REASONS FOR DECISION

This application by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the AMWU) was to vary the Automotive Industries Award by:

1. deleting the provisions in Division F which provided for Motor Vehicle Salesmen and replace them with a revised provision.

2. deleting Division G, Automotive Service Centres Attached to a Retail Store.

Mr Baker submitted that the union's application was designed to correct two glaring deficiencies in the award, whilst the general restructuring of the award proceeded by way of application T5455, which was part heard. In particular it was submitted that as an interim measure the motor vehicle allowances available to "vehicle salesmen" needed to be revised as they had not been adjusted for a number of years and the provisions relating to automotive service centres attached to a retail store were now redundant as the only retail site in the State where an automotive service centre existed, viz. K-Mart, New Town, was subject to the provisions of the federal Vehicle Industry - Repair, Services and Retail - Award.

All parties finally consented to this interim arrangement and agreed that the award should be varied in accordance with the consent documents which had been exchanged and checked, with effect from the first full pay period to commence on or after 30 August 1996.

The variation to the allowances in Clause 75, Use of Motor Vehicles, has been effected in accordance with the requirements of the Allowances Principle in that existing allowances for the reimbursement of work-related expenses may be varied from time to time to reflect the change in the level of such expenses.

In my opinion this variation is long overdue and it has been found necessary to adjust the weekly allowance for use of a private motor vehicle of less than 20 h.p. more than five times, from $23.80 to $122.15.

The allowance for a vehicle of more than 20 h.p. has increased from $26.30 to $135.70 per week. The new rate for the casual use of a vehicle for work purposes will now be 48 cents per kilometre, regardless of the type of vehicle used by the sales person.

As to the proposed deletion of Division G, I accept the submissions of the parties that the Division is redundant. The award will be varied accordingly.

Given that all parties agreed that the proposed revision of Division F, with the exception of increases in allowances, should be undertaken in the general review of the award which was the subject of Application T5455 of 1995 by the AMWU which is part-heard and nearing completion, the objectives of this application have been met.

The consent order, effective from the first full pay period to commence on or after 30 August 1996, is attached.

 

F D Westwood
PRESIDENT

Appearances:
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr T J Edwards and Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited and the Metal Industry Association of Tasmania
Mr J Long (16.7.96) and Mr G Cooper (20.8.96, 30.8.96) for the Australian Workers' Union, Tasmania Branch
Mr P Noonan for the Shop, Distributive and Allied Employees Association, Tasmanian Branch
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union
Ms L Yilmaz for the Tasmanian Automobile Chamber of Commerce (30.8.96)

Date and place of hearing:
1996
July 16
August 20, 30
October 17
Hobart