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T9305 and T9306

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Community and Public Sector Union
(State Public Services Federation Tasmania)

(T9305 of 2000)
(T9306 of 2000)

COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD
GENERAL CONDITIONS OF EMPLOYMENT AWARD

 

DEPUTY PRESIDENT J WATLING

HOBART, 25 January 2001

Award variation - kilometreage allowance - consent application - application granted - award varied - operative from 24 January 2001

REASONS FOR DECISION

These applications were lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by The Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU) to vary the Community and Health Services (Public Sector) Award and the General Conditions of Employment Award, in respect to kilometreage allowance.

The matters were before me for hearing on 24 January 2001 and were joined and heard together. Mr Miller, representing the applicant union, informed me that the adjustments sought in respect of the kilometreage allowances, was consistent with the formula determined by the Full Bench in Matter T33 of 1985. This, he said, was based on the movements in the CPI - Private Motoring Sub Group for Hobart. Mr Miller submitted that, when taking into consideration the movement in that Index, up to and including the September quarter 2000, it produced a new base figure for calculating the various kilometreage allowances of 57.48 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 to the awards be the date of hearing, i.e. 24 January 2001.

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 past practice.

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 applications were consistent with the wage fixing principles and met the requirements of section 36 of the Act.

Their was no appearance entered for or on behalf of the Minister, however, in a written submission, Mr C Willingham, Director of Industrial Relations, informed the Commission "...that the Minister does not oppose the Commission's approval of the award variation applications."

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 the manner sought.

As their was no objection to the operative date proposed by Mr Miller, the Orders giving effect to this decision, which are attached, will be operative from 24 January 2001.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Miller for The Community and Public Sector Union (State Public Services Federation Tasmania)
Mr T Jacobson for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr C Lane for the Australian Education Union, Tasmanian Branch

Date and place of hearing:
2001
January 24
Hobart