T205
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
This application made by the Tasmanian Public Service Association, sought to amend the General Conditions of Service Principal Award by deleting Clause 4 Allowances, Sub-clause L - Recreation Leave Allowance, proviso (ii) and inserting in lieu thereof the following:
Mr. Philp, representing the Tasmanian Public Service Association, outlined in a very clear and concise manner the history of this award provision which can be summarised as follows: 1. The allowance was first inserted in 1973 and at that time the maximum amount was $148.00. 2. In 1977 a claim to increase this limit was rejected by the Public Service Board and the Public Service Arbitrator. 3. In 1979, another claim was made to increase the maximum Recreation Leave Allowance. This claim was based on the concept of average weekly earnings, however, it was rejected by the Public Service Board (Ref. A481 of 1979). 4. Having rejected the claim, the Public Service Board moved of its own motion to increase the amount to $154.00 (Ref. Amendment No. 26 of the Public Service (Conditions of Service) Principal Award No. 4.) 5. The matter was referred to the Public Service Arbitrator who lifted the maximum figure to $218.90 with effect from 1 October 1979. The rate was equivalent to the average weekly earnings per employed male unit from the September quarter 1978. 6. In that decision it was directed that the award include provision for the maximum figure to be varied with reference to the Consumer Price Index for the June quarter each year. 7. Prior to the Arbitrator's decision being implemented, the Public Service Board, of its own motion, further varied the maximum figure to $220.00, an increase of $1.10 with effect from 1 October 1979 (Ref. Amendment No. 30 of the Public Service (Conditions of Service) Award. Mr. Philp went on to show by way of exhibit (appearing below) movement in the Recreation Leave Allowance since 1979. "EXHIBIT P2 TASMANIAN PUBLIC SERVICE ASSOCIATION RE: T.205 of 1985
Mr. Philp maintained that his claim was in accordance with Principle 9(a)(ii) of the Wage Fixation Principles and had the support of the employers. He also said his request for the Operative Date to be from 1 October 1985 was consistent with past variations and coincided with employees being credited with Recreation Leave. Mr. Willingham, representing the Public Service Board, the Tasmanian Development Authority and the Mental Health Services Commission, said that he did not oppose the application and submitted the claim was within the Principles and, specifically Principle 9(a)(ii). He also said that if the claim was granted, there would be no unforeseen expenditure for Treasury. DECISION We are of the view that the claim should be granted and we decide accordingly. Principle 9(a)(ii) upon which the applicant relied states inter alia:
In granting the claim we are satisfied that it falls within the parameters of the Wage Fixation Principles. We are also mindful of the fact that the Full Bench in T96 and T99 of 1985 did not alter the allowance arising out of the National Wage Case decision. Indeed, they had this to say:
We can only presume the Full Bench recognised that this allowance had been reviewed annually in the past. During the hearing the Tasmanian Public Service Association informed the Commission that there were a number of Public Sector awards which contained a similar provision to this 'parent' award. We have taken this fact into consideration when arriving at our decision and we believe those awards containing a Recreation Leave Allowance proviso, similar to this Award, should be varied upon application in a like manner. The operative date shall be from 1 October 1985. The Order giving effect to this decision is attached.
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