IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications by the Tasmanian Public Service Association (the Association) and the Minister for Public Administration (the Minister) were considered in tandem by the Bench.

Applications T1732 and T1755 of 1988 were made by the Association and the Minister respectively seeking to vary the accommodation allowances set out in clause 16 - Mainland Allowance of the Tourism Tasmania Staff Award. Subclause 16(3) of that award contains the following allowance review mechanism.

The application of the review data referred to in this subclause establishes increases in the accommodation allowance for Sydney and Melbourne only; the subject matter of the Association's applications being confined to those capital cities.

The application by the Minister, however, properly sought the application of the relevant information contained in the "1987-1988 Annual Review of Major Residential Property Markets in Australia" to all those mainland capital cities where expatriate Tasmanians are employed by Tourism Tasmania.

The review material produced increases in the allowance for Sydney and Melbourne and decreases for Adelaide and Canberra.

That is, in the former two capital cities rental costs relative to Hobart increased, whilst for the latter two cities costs by comparison to Hobart reduced.

Therefore, having regard to the totality of the information placed before the Bench, the Accommodation Allowance will be varied as follows:

The methodology for the treatment of the review information provided by the Real Estate Institute of Australia is set out in Reasons for Decision in matter T299 of 1985.

However, in these proceedings Mr Buchanan in exhibit TPSA1 supplied the Bench with the essential components stipulated in that decision to make the appropriate calculations for the adjustment of the various capital city allowances specified in the award.

Mr Jarman appearing for the Minister confirmed the Association's calculations and where reductions resulted i.e. for Canberra and Adelaide provided the appropriate amounts.

We agree with Mr Jarman that in future only one application should be lodged for the variation of the allowance.

That application should seek the variation of the allowance in its entirety and in the terms set out in subclause 16(3) of the award.

The selective application by the Association of subclause 16(3) is not warranted having regard to the nature of this allowance and the application of the agreed formula.

We say the allowance in question is expense related and accordingly the review information should be applied "across the board" as submitted by Mr Jarman.

The adjustment to the allowance is made having regard to what is contained in subclause 16(3) of the award and the Allowances Principle (a) Existing Allowances of the Commission's Wage Fixing Principles.

The operative date for this decision will be from the beginning of the first pay period commencing on or after 31 January 1989.

We turn now to application T1754 of 1988 made by the Minister to delete clause 8.I.3 - Mainland Allowance from the General Conditions of Service Award (GCOSA).

Mr Buchanan and Mr Jarman submitted that as the only employees entitled to the mainland allowance are subject to the Tourism Tasmania Staff Award, which came into operation in September 1988, there is no need for an identical provision to remain in the GCOA.

We agree with the view of the parties. Therefore Mainland Allowance provisions will be deleted from the GCOSA.

The operative date will be from the beginning of the first pay period commencing on or after 31 January 1989.

The appropriate orders are attached hereto.