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T2638 and T2651

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2638 of 1990

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN PUBLIC SERVICE ASSOCIATION TO VARY NOMINATED PUBLIC SECTOR AWARDS - See end of Decision for Awards Varied

   
 

RE: EXPENSE ALLOWANCES

   
 

AND

   

T.2651 of 1990

IN THE MATTER OF AN APPLICATION BY THE MINISTER ADMINISTERING THE TASMANIAN STATE SERVICE ACT 1984 TO VARY THE GENERAL CONDITIONS OF SERVICE AWARD AND THE HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD

   

FULL BENCH:
DEPUTY PRESIDENT
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

HOBART, 10 September 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Tasmanian Public Service Association

- Mr K Grey

   

For the Hospital Employees Federation of Australia, Tasmania Branch

- Mr R Warwick

   

For the Minister Administering the State Service Act 1984

- Mr J McCabe with
  Mr C Shirley

   

DATE AND PLACE OF HEARING:

 

4 September 1990  Hobart

 

These applications, one by the Tasmanian Public Service Association (the Association) and the other by the Minister Administering the State Service Act 1984 (the Minister) sought increases in certain allowances and charges provided for in the following Public Sector Awards:

  • General Conditions of Service Award
  • Hospital Employees' (Public Hospitals) Award Inland Fisheries Commission Staff Award
  • North West Regional Water Authority Employees' Award
  • Police Departmental Employees' and Road Safety Officers' Award
  • Sea Fisheries Staff Award Social Trainers Award
  • Port Arthur Authority Award
  • School Dental Therapists Award.

T.2638 of 1990

Mr K Grey, who appeared for the Association in his submissions relied upon the grounds that the Association's claim:

1. was consistent with the precedent established by the Commission in matter T.833 of 1987 for calculating cost of living increases;

2. consistent with the current Wage Guidelines;

3. was not against the public interest

Mr Grey produced an exhibit which (among other things) detailed the operation of the formula set in matter T.833 of 1987 as follows:

CONSUMER PRICE INDEX NUMBERS

(weighted average of eight capital cities)

 

March Quarter
1990
(1)

March Quarter
1989
(2)

Change in
Index Points
(1-2)

% Change
(1-2)x100

(2)

204.1

188-0

16.1

   8.562

Hence the increase sought by the Association was 8.56%.

The operative date sought by Mr Grey was the date of application, 3 August 1990.

Mr R Warwick, who appeared for the Hospital Employees Federation of Australia, Tasmania Branch (the Federation), supported the Association's submissions.

Mr J McCabe, who appeared for the Minster confirmed agreement to the Association's claim and the basis for the claim.

As to the operative date, however, Mr McCabe sought the date of decision; he said that there were no unusual circumstances in this matter which might indicate anything other than the date of decision being applied.

T.2651 of 1990

Mr C Shirley, who appeared for the Minister in this matter, confirmed that the Minister sought increases in the board and lodging charges provided for in the GCOS Award and the Hospital Employees (Public Hospitals) Award, on the same basis or formula as relied upon by the Association in matter T.2638. He produced an exhibit which mirrored the formula calculations set out in the exhibit in that matter.

Mr Shirley also submitted that the operative date should be the date of decision.

Mr Grey, appearing again for the Association, did not oppose the Minister's application and confirmed that it was consistent with the Wage Principles in the same way as the Association's previous application had been.

Mr Warwick, appearing again for the Federation, did not object to the Minister's application either.

DECISION

The Commission accepts and endorses the submissions of the parties in both these matters in so far as the 8.56% increase is concerned.

Therefore we are prepared to vary the Awards in the manner sought and as outlined in Exhibits G1 and S1. Orders operative from the first full pay period commencing on or after the date of this decision will be issued in due course.

Awards Varied:
General Conditions of Service
Inland Fisheries Commission Staff
North West Regional Water Authority Employees'
Police Departmental Employees & Road Safety Officers
Port Arthur Authority
Sea Fisheries