T9898
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Association of Professional Engineers, scientists and Managers, Australia METAL AND ENGINEERING INDUSTRY AWARD
Award variation - award updated - application granted - operative ffpp 30/11/01 REASONS FOR ORDER [1] This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by The Association of Professional Engineers, Scientists and Managers, Australia (the Association) for a variation to be made to the Metal and Engineering Industry Award (the award). [2] At the hearing the Association was represented by Mr D Pyrke, and the Tasmanian Chamber of Commerce and Industry Limited (the Chamber) was represented by Mr M Watson. [3] The Association was seeking to amend Clause 20 Motor Allowance in the award by first having the allowance presently prescribed therein increased in line with the relevant Transportation component (Weighted Average of Eight Capital Cities) of the Consumer Price Index of the Australian Bureau of Statistics (the CPI) for all the quarters intervening since the amount of the allowance was last set or varied in June 1992. [4] The Association also sought to have the allowance so calculated, 44.5 cents per kilometre, reviewed annually on 1 September each year so that it could be adjusted in accordance with CPI movement for the proceeding twelve months to the June quarter of that year. This latter process was to be prescribed in the award by a proviso paragraph which was set out in the application. [5] The Association presented an exhibit containing copies of the relevant bulletins issued by the Australian Bureau of Statistics covering the periods encompassed by the application which supported the application. [6] The Association submitted that the proposed amendments were consistent with the Principles of the Commission, in particular Principle 7, Allowances, as prescribed in the Act. [7] The Chamber confirmed its support for the application and agreed with the submissions made by the Association. The Commission endorsed the Chamber's submission that any future review of the Clause 20 Motor Allowance in the award should be brought about by an appropriate application made under Section 23 of the Act. [8] I accept the submissions of the parties and the award will be amended in accordance with the terms of the application, operative from the first full pay period commencing on or after 30 November 2001. [9] An order is attached.
P A Imlach Appearances: Date and place of hearing: |