Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011 (NSW)

An Act to amend the Parliamentary Remuneration Act 1989, the Local Government Act 1993, the Statutory and Other Offices Remuneration Act 1975 and the Health Services Act 1997 to apply the same government public sector wages cap that binds the Industrial Relations Commission to the determination of the remuneration for Ministers and other members of Parliament, local councillors, statutory officers, public sector executives and hospital visiting medical officers; and for other purposes.

1Name of Act

This Act is the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Parliamentary Remuneration Act 1989 No 160[1]Section 4

Omit the section. Insert instead:

4Definition of basic salary(1)

For the purposes of this Act, the basic salary is as follows:

• (a)

  until the Tribunal otherwise determines, the amount of the annual allowance by way of salary payable under the law of the Commonwealth to a member of the House of Representatives who is not entitled to any additional salary, less $500,

• (b)

  the amount determined by the Tribunal from time to time in accordance with this section.

(2)

The Tribunal may make a determination fixing the amount of the basic salary. Determinations are to be made at such times as the Tribunal thinks fit or the Minister directs.

(3)

In making a determination, the Tribunal is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.

(4)

The policies referred to in subsection (3) do not include any policy that provides for increases in remuneration based on employee-related savings.

[2]Section 17 Other provisions as to basic salary

Omit the section.

[3]Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1:

Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011

[4]Schedule 3, clause 5

Insert at the end of Schedule 3:

5Basic salary changes after introduction of Bill for the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011

If the annual allowance by way of salary payable under the law of the Commonwealth is varied after 20 June 2011 and before the Tribunal makes a determination under section 4 of this Act, the basic salary for the purposes of this Act does not include (and is taken never to have included) any amount that exceeds $139,544.

Note—

The amount of $139,544 represents the basic salary of $136,140 on 20 June 2011 increased by 2.5%.

Schedule 2Amendment of Local Government Act 1993 No 30

Insert after section 242:

242ATribunal to give effect to declared government policy on remuneration for public sector staff(1)

In making a determination, the Remuneration Tribunal is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.

(2)

The policies referred to in subsection (1) do not include any policy that provides for increases in remuneration based on employee-related savings.

Schedule 3Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)

Insert after section 6:

6AATribunal to give effect to declared government policy on remuneration for public sector staff(1)

This section applies to the following determinations of the Tribunal:

• (a)

  the determination under Part 3 of any alteration in the remuneration to be paid to office holders,

• (b)

  the determination under Part 3A of any alteration in the remuneration packages for executive office holders.

This section does not apply to determinations relating to judicial officers (within the meaning of the Judicial Officers Act 1986) or to determinations relating to any office while held by a specified person.

(2)

In making a determination to which this section applies, the Tribunal is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.

Schedule 4Amendment of Health Services Act 1997 No 154[1]Section 92 Manner of exercise of arbitrator’s functions

Omit section 92 (2). Insert instead:

(2)

In making a determination under this Part, the arbitrator is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.

[2]Section 121J Determination of remuneration packages

Insert after section 121J (2):

(3)

In making a determination of the remuneration packages for health executives, the Director-General is to give effect to the same policies on increases in remuneration as those that the Industrial Relations Commission is required to give effect to under section 146C of the Industrial Relations Act 1996 when making or varying awards or orders relating to the conditions of employment of public sector employees.