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T6609

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

The Association of Professional Engineers, Scientists and Managers, Australia
(T6609 of 1996)

PROFESSIONAL ENGINEERS AND SCIENTISTS (PRIVATE INDUSTRY) AWARD

 

COMMISSIONER R J WATLING

HOBART, 3 December 1996

Award variation - annual leave loading - vehicle allowances - consent matter - application granted - award varied - operative ffpp 3 December 1996

REASONS FOR DECISION

This amended application was lodged by The Association of Professional Engineers, Scientists and Managers, Australia (the applicant) for the purpose of varying Clause 10 - Annual Leave Loading and Clause 26 - Vehicle Allowance of the Professional Engineers and Scientists (Private Industry) Award.

The application came before the Commission as a consent matter.

In respect to the first part of the claim, Mr Pyrke, for the applicant, sought to vary that part of the annual leave loading clause which places a ceiling on the amount payable in respect of the loading. Currently, the award ties that to movements in the Australian Bureau of Statistics average weekly earnings per male unit (Catalogue 6302.0 Full Time Adults, ordinary time earnings, Tasmania).

Mr Pyrke said that, as part of the continuing review of the award, under the Structural Efficiency Principle, the parties were of the view that it was more appropriate to tie the ceiling, for annual leave loading, to a specific classification in the award.

On this aspect of the claim, Ms Thomas, for the Tasmanian Chamber of Commerce and Industry Limited, said that it was totally inappropriate to tie the 'cap' to the previously mentioned Australian Bureau of Statistics figure. She said the proposal put forward by Mr Pyrke had greater relevance to the award and movements in the salaries which, she said, had, in recent times, been only safety net adjustments.

On this part of the claim, I agree with the submissions presented by Mr Pyrke and Ms Thomas and the award will be varied in the manner sought.

The next part of the application dealt with an increase of 13.8 per cent in Clause 26 - Vehicle Allowance.

It was Mr Pyrke's submission that the increase was based on the upward movements in the Australian Bureau of Statistics, Consumer Price Index - Transportation - Hobart from the June quarter 1991 up to and including the March quarter 1996. He said that the application was consistent with the wage fixing principles as they relate to movements in allowances.

This part of the application was also supported by Ms Thomas.

Given the foregoing, the award will be varied in the manner sought by the parties. The variations are consistent with the wage fixing principles and will be operative from the first full pay period to commence on or after 3 December 1996.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1996
December 3
Hobart