T1352 T1357 T1637 T1644
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
These matters have been the subject of several hearings during which time it became clear that the parties may be able to negotiate an appropriate adjustment to Travelling Allowance for endorsement by the Commission. In the event the parties, when these matters were before us last, informed the Bench that they were in agreement on this issue, however a number of procedural aspects in relation to the four applications before us required resolution. Subsequently we were involved with the parties in resolving a number of threshold matters. These were that - (a) Matters No T.1637 and T.1644, which relate to the making of a new General Conditions of Service Award (applications made by the Tasmanian Public Service Association (TPSA) and the Hospital Employees Federation (HEF) respectively) will be made subject of a rescission order directing the files to another Full Bench. (b) Matter No T.1352 is referred to the Deputy President for further investigation and report. This matter concerns an application by the TPSA to vary the Advanced Education Service Award by increasing travelling and meal allowances. With regard to matter T.1357 this concerns an application by the TPSA to vary the General Conditions of Service Award to revise travelling and meal allowances. It was in respect of that particular matter that the parties indicated their wish for the Bench to endorse the new rates as set out in exhibit G-1. Whilst we informed the parties that we would vary the award in the manner requested by them we did so on the understanding that they will take appropriate steps to redress the complicating factors associated with 4 per cent second tier matters affecting some, but not all, organisations which are Parties and Persons Bound to the award in question. In broad terms the parties in these proceedings indicated that they will withdraw, in accordance with the provisions of the Industrial Relations Act 1984, from the Second Tier Agreement subject to the making of a new General Conditions of Service Award as contemplated in other applications to be dealt with by the Commission. The award variation approved by the Bench in these proceedings advances what is contained in the second tier agreement which spells out that travelling allowance will be calculated on an events basis. The award will reflect this aspect and in addition sets out monetary amounts. Therefore there is no conflict between what will be contained in the Award and the basic outline of the "events" concept in the Agreement. In summary therefore, and as indicated on transcript we accept that the proposed variation represents an agreed review of actual costs; and that the result has been further adjusted by 1.6 per cent representing the movement in the CPI for the quarter ended March 1989. The variation does not offend the requirements of the Wage Fixing Principles relating to allowances; and is in accord with the public interest requirements of Section 36. The order, operative from the first full pay period to commence on or after 24 May 1989, is attached.
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