T8691 and T8692
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD The Community and Public Sector Union
Award variation - kilometreage allowance - consent application - order issued - operative ffpp on or after 23.11.99 REASONS FOR DECISION These applications were lodged by the Community and Public Sector Union (State Public Services Federation Tasmania) pursuant to section 23 of the Industrial Relations Act 1984, to vary the Community and Health Services (Public Sector) Award and the General Conditions of Employment Award in respect of kilometreage allowances. The adjustments sought in relation to the allowances were based upon movements in the annual increase in the Consumer Price Index, from the March to September quarters of 1999 for the eight capital cities weighted average. The formula was based on the Hobart Private Motoring Sub Group for the period ending September 1999. The formulae for calculating the adjustments were determined by a Full Bench in Matter T33 of 1985. Mr Miller, representing the Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU), tendered revised draft documents to amend the applications which he said more accurately reflected the adjustments sought. Mr Pearce, representing the Minister Administering the Tasmanian State Service Act, and Mr Jacobson for the Health Services Union of Australia, Tasmania No. 1 Branch (the HSUA) did not object to the revised document and the applications were varied accordingly. Mr Miller, submitted that the applications were consent matters and satisfied the Wage Fixing Principles. He requested an operative date from the date the amended applications were lodged. Mr Jacobson agreed that the applications were consent matters and that they satisfied the provisions of the Act. Mr Pearce concurred with the revised rates in the amended applications, and confirmed that the methodology used was that established by the Commission in Matter T33 of 1985. In respect of the Commission's Wage Fixing Principles, he said Principle 10.1.1 was the correct principle to be applied, and there were no circumstances attaching to the claim that would offend the public interest requirements of the Act. However, Mr Pearce did not agree that a case for a retrospective operative date had been established by the applicant, and an operative date of the first full pay period on or after date of decision was requested. I accept the revised calculations as correctly representing the formula to be applied. The variations comply with the Wage Fixing Principles and are not likely to cause any adverse effect when considered in the context of the public interest tests contained in section 36 of the Act. However I do not consider there are special circumstances attaching to this application which could lead me to the opinion that it would be fair and right to give retrospective effect to the award. Accordingly the awards will be varied in the manner sought, operative from the first full pay period on or after today's date. The orders are attached.
F D Westwood Appearances: Date and place of hearing:
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