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T6628

 

TASMANIAN INDUSTRIAL COMMISSION

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

Shop Distributive and Allied Employees Association,
Tasmanian Branch

(T6628 of 1996)

RETAIL TRADES AWARD

 

COMMISSIONER R J WATLING

HOBART, 14 February 1997

Award variation - tea money - increase to reflect CPI movements - consent matter - application granted - award varied - operative ffpp 14 February 1997

REASONS FOR DECISION

This application was lodged Shop Distributive and Allied Employees Association, Tasmanian Branch (the applicant) for the purpose of varying the Retail Trades Award by increasing the amount of tea money appearing in Clause 38 - Tea Money by 2.2 percent from $9.25 to $9.45.

Mr P Noonan, on behalf of the applicant, sought to vary the tea money to reflect the Australian Bureau of Statistics Consumer Price Index movement in the appropriate category of 'meals out and take away foods' for the June quarter 1995 up to and including the June quarter 1996.

Mr Noonan supported his submission by tendering a decision of a Full Bench of the Commission arising out of applications T No. 6582 of 1996 and T No. 6597 of 1996. That decision varied the meal allowance (however expressed) in a significant number of awards of the Commission by 2.2 percent using the previously mentioned index.

Mr Noonan submitted that the application did not offend the Wage Fixing Principles, and in particular he cited Principle 9.1.1:

Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses.

Miss A McKeown, for the Australian Municipal, Administrative, Clerical and Services Union, supported the submission made by the applicant.

Ms J Thomas, for the Tasmanian Chamber of Commerce and Industry Limited and on behalf of the Tasmanian Chamber of Retailers, did not oppose the application and agreed that any increases arising out of this matter should be operative no earlier than the first full pay period to commence on or after 14 February 1997.

Having heard the submissions of the parties, I hereby determine that the award be varied in the manner sought by the applicant for the reasons enunciated in the Full Bench decision arising out of applications T No. 6582 of 1996 and T No. 6597 of 1996.

Given the foregoing, the award will be varied in the manner sought by the applicant and will be operative from the first full pay period to commence on or after 14 February 1997.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr P Noonan for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Miss A McKeown for the Australian Municipal, Administrative, Clerical and Services Union
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited and The Retail Traders Association of Tasmania

Date and place of hearing:
1997
February 14
Hobart