T10507
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia (Victorian/Tasmanian Branch) Transport Workers General Award
Award variation - expense related allowances - consent matter - application granted - award varied - operative date ffpp on or after 16 January 2003 REASONS FOR DECISION [1] On 28 October 2002, an application was lodged by the Transport Workers' Union of Australia (Victorian/Tasmanian Branch), pursuant to s.23 of the Industrial Relations Act 1984 (the Act), to vary the Transport Workers General Award by increasing expense related allowances. [2] On 31 October a hearing was convened at the Commonwealth Law Courts, 39-41 Davey Street, Hobart to commence on Thursday 16 January 2003 at 11.30 am. [3] At the hearing Mr H Smith and Mr M Cook appeared on behalf of the union. Ms J Thomas appeared on behalf of the Tasmanian Chamber of Commerce and Industry Limited. [4] This consent application sought to increase expense related allowances (clause 28(c) meal allowance and clause 42(a) travelling allowance) in the Transport Workers General Award, which allowances have remained unchanged since the award was made in 1990. [5] Mr Smith, for the applicant, cited a number of Full Bench decisions where meal allowances were determined as a common amount across a range of awards. The meal allowance sought in the current application is for an amount of $11.90, which amount, Mr Smith said, was determined by a Full Bench in the State Wage Case decision of 2002. [6] In the case of the travelling allowance, the amount has been based on the rate in the Transport Workers Mixed Industries Award of the federal Commission, which was varied last year in respect of the travelling allowance. [7] Ms Thomas, for the Tasmanian Chamber of Commerce and Industry submitted that the information provided by the applicant was sufficient to satisfy the Commission that the requirements of the Wage Fixing Principles in relation to the adjustment of expenses-related allowances had been met. [8] The parties sought an operative date of the first full pay period on or after the date of the hearing. [9] I now confirm my decision, given on the day of the hearing, that the award should be varied in the manner sought, with an operative date of the first full pay period on or after 16 January 2003. [10] My reasons for deciding thus are that, after considering the submissions of the parties, I have concluded that the application is consistent with the public interest test as outlined in s.36 of the Act and with the Waging Fixing Principles, in particular, Principle 8 - Allowances. [11] The Order giving effect to this Decision is attached.
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