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Tasmanian Industrial Commission

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T5074

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The State Public Services Federation Tasmania
(T.5074 of 1994)

GENERAL CONDITIONS OF SERVICE AWARD
HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD
INLAND FISHERIES COMMISSION STAFF AWARD
PORT ARTHUR AUTHORITY AWARD
SEA FISHERIES STAFF AWARD
NORTH WEST REGIONAL WATER AUTHORITY EMPLOYEES AWARD
POLICE DEPARTMENTAL EMPLOYEES AND ROAD SAFETY OFFICERS AWARD
SCHOOL DENTAL THERAPISTS AWARD
SOCIAL TRAINERS AWARD

 

FULL BENCH:
PRESIDENT F.D. WESTWOOD
DEPUTY PRESIDENT A. ROBINSON
COMMISSIONER P.A. IMLACH

3 June 1994

Allowances - expense related allowances

REASONS FOR DECISION

This was an application by The State Public Services Federation Tasmania (the Federation) to vary the abovementioned awards in relation to expense related allowances.

The Federation sought a 1.4% increase in a number of expense related allowances which were listed under the headings of the relevant awards in an attachment to the application.

The 1.4% increase was based on a formula which had been established previously by the Commission constituted as a Full Bench in matter T.833 of 1987. The increase represented the percentage difference between the Australian Bureau of Statistics Consumer Price Index Numbers (Weighted Average of Eight Capital Cities) March Quarter 1994 figure and the March quarter 1993 figure.1

The Federation submitted that the increase sought was in compliance with the requirements of the wage fixing principles of the Commission in particular the Allowances Principle, paragraph 1(a):-

"1.    Existing allowances

a) Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses."

The Federation also submitted that the granting of the application was not against the public interest and sought for the increase to operate from 2 May 1994 which was when the Federation was made aware of the change in the statistics.

The Minister administering the Tasmanian State Service Act 1984 being the Minister for Public Sector Management (the Minister) consented to the application in so far as the increase was concerned, but opposed the claimed operative date and sought the date of decision as the operative date.

The Minister also agreed that the application was not against the wage fixing principles2 of the Commission nor the public interest.

We accept the submissions of the parties as to the increases sought, but as to the date of operation, we have decided to grant the application with effect from 3 June 1994. It will be left for the individual Commissioner's responsible to issue the appropriate orders to vary the affected awards.

 

Appearances:
C. Smyth for the State Public Services Federation Tasmania.
W. Burgess with L. Lawrence for the Minister administering the Tasmanian State Service Act 1984 (being the Minister for Public Sector Management), the Port Arthur Historic Site Management Authority and the North West Regional Water Authority.

Date and Place of Hearing:
1994.
Hobart:
June 3.

1 ABS Catalogue 6401.0
2 T.4692 of 1993