T8986, T8987, T8988, T8989, T8990, T8991
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Community and Public Sector Union
Award variation - public sector awards - expense related allowances and kilometreage allowances - variations approved - orders issued operative ffpp on or after 25.5.2000 REASONS FOR DECISION These applications were lodged on 15 May 2000 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 Police Departmental Employees Award, the Community and Health Services (Public Sector) Award, the Sea Fisheries Award and the General Conditions of Employment Award in respect of a range of expense related allowances including kilometreage allowances. The matters were before me for hearing on 25 May 2000. With the consent of the parties the applications were joined and heard together. Mr Miller, representing the applicant union, informed me that the adjustments sought in respect of expense related allowances (T8986, T8988, T8989 and T8991) were derived from movements in the Consumer Price Index for the period March 1999 to March 2000; a variation of 2.79 per cent was applied to these applications. He said the method of varying awards for expense related allowances in public sector awards was determined by the Full Bench in Matter T833 of 1987. The kilometreage allowance formula which had been determined in Matter T33 of 1985, was based on the movements in the Hobart Private Motoring Group Index at March each year. It produced a new base figure for calculating the various kilometreage allowances of 54.65 cents. Mr Miller said that the applications complied with the requirements of the wage fixing principles and satisfied the public interest requirements of section 36 of the Act. He requested an operative date for adjustment of the awards of the date of hearing, i.e. 25 May 2000. Mr Lane, for the Australian Education Union, Tasmanian Branch, supported the submissions of Mr Miller. He said the proposed variations were in line with the wage fixing principles and complied with equity, good conscience and the merits of the case. Mr T Jacobson, who appeared for the Health Services Union of Australia, Tasmania No. 1 Branch, also supported Mr Miller's submissions. He believed the application was consistent with the wage fixing principles and met the requirements of section 36 of the Act. Mr Pearce, for the Minister, concurred with the submissions of the parties on all matters apart from those made in respect of operative date. He submitted it was the standard practice of the Commission that such variations take effect from the first full pay period after the date and that practice, he submitted, should be followed on this occasion. He suggested that the parties should be given notice of the possibility that the practice might change when the next variation was before the Commission. The parties could then be invited to make submissions on the subject. Following some debate on the subject, I informed the parties that the variations were approved but that I would give further consideration to the question of operative date. Research of the files on these matters indicates that since 1994 these annual adjustments have been determined to operate from the first full pay period commencing on or after a date determined by the Commission. In the circumstances I do not intend to change this practice without giving the parties the opportunity to make full submissions on the subject as suggested by Mr Pearce. Accordingly I now confirm that the variations do not offend the public interest and are consistent with the wage fixing principles. The awards will be varied in accordance with the amended applications and the variations will be effective from the first full pay period commencing on or after today's date. The relevant orders are attached.
F D Westwood Appearances: Date and place of hearing: |