T7377 and 7381
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
The Community and Public Sector Union
COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD
POLICE DEPARTMENTAL EMPLOYEES AWARD
Award variation - expense-related allowances - application approved - operative date ffpp 19 December 1997
Award variation - tool allowance - application approved - operative date ffpp 19 December 1997
REASONS FOR DECISION
On 1 and 2 December 1997 The Community and Public Sector Union (State Public Services Federation Tasmania) (CPSU) applied pursuant to Section 23 of the Industrial Relations Act 1984 to vary the Community and Health Services (Public Sector) Award and the Police Departmental Employees Award. In the case of the former award, the application concerns expense related, travel and kilometreage allowances and, in the case of the latter award, tool allowance is the subject-matter.
When the matters came on for hearing on Friday, 19 December 1997 Mr K Grey appeared for CPSU, Mr T Kleyn appeared for the Health Services Union of Australia, Tasmania No 1 Branch (HSUA), and Ms A Watt appeared for the Minister for Public Sector Administration (the Minister). The applications, which were not opposed, were heard together at the parties' request.
Mr Grey, who was supported by Mr Kleyn, submitted that both applications sought to apply well settled formulae determined by a Full Bench of the Commission in matter T No 833 of 1987 in the case of expense related allowances and by another Full Bench, in matter T No 33 of 1985, regarding kilometreage allowances. In the circumstances, Mr Grey submitted, because the applications comply with the requirements of the current Wage Fixing Principles and contain no elements contrary to the provisions of Section 36 of the Act, the Commission should vary each award, in the manner set out in the respective applications, with effect from beginning of the first full pay period to commence on or after the day of the Commission's decision.
Ms Watt informed me that the Minister, being of the view that the proposed variations satisfied both the Wage Fixing Principles and Section 36 of the Act, supported the applications and did not object to the suggested date of operation.
In the circumstances, having heard the parties and having perused the draft variation orders, I am satisfied that there is no reason in the public interest for me to refuse to vary the awards in the manner sought by the applications. Accordingly, I approve each application. My Orders to that effect, which accompany this decision, will come into operation from the first full pay period beginning on or after today's date, ie 19 December 1997.
B R Johnson
Date and Place of Hearing: