T8576, T8577, T8578, T8579
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
The Community and Public Sector Union
GENERAL CONDITIONS OF EMPLOYMENT AWARD
Award variation - expense related allowances - applications approved - operative date ffpp 4 October 1999
REASONS FOR DECISION
These proceedings concern four applications by The Community and Public Sector Union (State Public Services federation Tasmania) (CPSU). The subject matter of the applications concerns a range of expense related allowances, ie meals, travelling, tools, sea victualling, training courses/conferences and location/district.
Mr R Miller, who appeared for CPSU, informed me that the adjustment sought in each case-1.25%-derived from movements in the Consumer Price Index (Weighted Average of Eight Capital Cities) for the period March 1998 to March 1999. That methodology, he said, reflects the approach to varying expense related allowances in public sector awards as determined by a Full bench of this Commission in matter T833 of 1987. Mr Miller submitted that the operative date of the proposed award variations should reflect the date of lodgment of the applications, ie 20 August 1999.
Mr Miller further submitted that the applications fulfil the requirements of Principle 10.1 of the current Wage Fixing Principles and comply with the more general public interest requirements of Section 36 of the Industrial Relations Act 1984. In the circumstances, he said, the Commission should grant the applications.
Mr T Jacobson, who appeared for Health Services Union of Australia, Tasmania No 1 Branch (HSUA), supported Mr Miller's submissions.
Mr T Pearce appeared for the Minister Administering the State Service Act. He said that the Minister consented to the quantum of the variations claimed and confirmed that the proposed adjustments comply with the Wage Fixing Principles and Section 36 of the Act. However, he continued, the Minister opposed any claim for retrospectivity. In that regard, Mr Pearce submitted, the applicants had not put forward any evidence as to the special circumstances that might justify such an approach.
Having considered the parties' submissions I indicated I would approve the applications. However, in respect of operative date, I accepted the submissions put on behalf of the Minister and rejected the claim for retrospective operation.
These Reasons for Decision confirm my oral decision to approve each of the applications. The orders varying the relevant awards, which accompany this decision, will come into operation from the beginning of the first full pay period to commence on or after today's date, ie 4 October 1999.
B R Johnson
Date and Place of Hearing: