Public Service Management and Employment Amendment Regulation (No. 2) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 406 Public Service Management and Employment Act 1988 PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT AMENDMENT REGULATION (No. 2) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 43 (Higher duties allowance) . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new Division 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 1A—Interpretation 43AA Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Omission of s 43E (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 43F (Entitlement to salary and remuneration benefits) . . 6 9 Amendment of s 43G (Making and variation of agreements) . . . . . . . . . . . 6 10 Insertion of new s 43GA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 43GA Making and variation of agreements for chief executives . . . . . . . . 6 11 Amendment of s 43H (Content of agreements) . . . . . . . . . . . . . . . . . . . . . . . 7 12 Replacement of ss 43I–43K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 43I Remuneration package amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 43IA Variation of remuneration package amount under enterprise bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Public Service Management and Employment Amendment (No. 2) No. 406, 1994 43J Senior Executive Service package points, work value ranges and remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 43K Determination of assessed work value and work value range . . . . . 10 13 Amendment of s 43L (Allocation of package points) . . . . . . . . . . . . . . . . . . 11 14 Insertion of new s 43LA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 43LA Allocation of package point for chief executives . . . . . . . . . . . . . . . 11 15 Amendment of s 43M (Remuneration package maintenance) . . . . . . . . . . 11 16 Replacement of s 43X (Amounts for purposes of certain entitlements) . . . 12 43X Amounts for purposes of certain entitlements . . . . . . . . . . . . . . . . . . 12 43Y Variation of amounts for purposes of certain entitlements under enterprise bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Insertion of new s 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 68 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . . 14 18 Insertion of new Schs 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCHEDULE 1 SENIOR EXECUTIVE REMUNERATION PACKAGE AMOUNTS—STAGED INCREASES SCHEDULE 2 SENIOR EXECUTIVE REMUNERATION PACKAGE AMOUNTS FOR CERTAIN ENTITLEMENTS—STAGED INCREASES SCHEDULE 3 NOMINATED SERVICE DELIVERY UNITS

s1 3 s5 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ˙ Short title 1. This regulation may be cited as the Public Service Management and Employment Amendment Regulation (No. 2) 1994 . ˙ Commencement 2. Sections 4 to 7, 12 to 16 and 18 are taken to have commenced on 1 September 1994. ˙ Regulation amended 3. This regulation amends the PublicServiceManagementandEmployment Regulation 1988 . ˙ Amendment of s 4 (Interpretation) 4.(1) Section 4, heading— omit, insert— ‘ Definitions ’. (2) Section 4— insert— ‘ “senior executive” includes chief executive.’. ˙ Amendment of s 43 (Higher duties allowance) 5. Section 43(6)— omit, insert— ‘ (6) For this section, the minimum salary of a Senior Executive Service position, other than a chief executive position, of a particular level is— (a) the minimum amount for positions of that level specified in the table to section 43X(1); or (b) if the minimum amount is changed because of section 43Y—the

s6 4 s6 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) minimum amount for positions of that level specified in Schedule 2, column 2, 3 or 4 as the case may be. 1 ’. ˙ Insertion of new Division 1A 6. At the beginning of Part 3A— insert— ‘ Division 1A—Interpretation ˙ ‘ Definitions for Part ‘ 43AA. In this Part— “agency agreement” means an Agency agreement within the meaning of the certified core agreement. “Commission” means the Industrial Relations Commission. “core agreement” means the Core Queensland Government Departments Certified Agreement 1994. “core department” means a Core Government department within the meaning of the core agreement. “industrial agreement” means— (a) a certified agreement within the meaning of the IndustrialRelations Act 1990 ; or (b) an enterprise bargaining agreement within the meaning of the Industrial Relations Act 1990 ; or (c) an industrial agreement within the meaning of the IndustrialRelations Act 1990 . “nominated service delivery unit” means a unit of government specified in Schedule 3. 1 Schedule 2, columns 2, 3 and 4 specify remuneration package amounts for certain entitlements. The amount that is payable depends on the senior executive’s package point and the application of section 43Y (Variation of amount for purposes of certain entitlements under enterprise bargaining).

s7 5 s7 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) “NSDU” means a nominated service delivery unit. “NSDU agreement” means an industrial agreement entered into on or after 1 July 1994 between an NSDU and officers appointed to the NSDU that provides for an increase in salary for officers appointed to the NSDU. “package point” see— (a) for a senior executive other than a chief executive—section 43L; or (b) for a chief executive—section 43LA. “remuneration benefit” see section 43N(1). “remuneration package amount” see section 43I. “stage 2 core agreement” for a core department means the department’s agency agreement providing for an increase of 1.4% no earlier than 8 months after 1 September 1994. “ stage 2 NSDU agreement” for an NSDU means the part of the NSDU’s NSDU agreement, or another agreement that is linked to the NSDU agreement, that provides for a second increase in salary on the fulfilment of agreed conditions. “stage 3 core agreement” for a core department means the department’s agency agreement providing for an increase of 4% no earlier than 12 months after the approval by the Commission of the department’s stage 2 agreement. “ stage 3 NSDU agreement” for an NSDU means the part of the NSDU’s NSDU agreement, or another agreement that is linked to the NSDU agreement, that provides for a third increase in salary on the fulfilment of agreed conditions. “work value range” see section 43K.’. ˙ Omission of s 43E (Definitions) 7. Section 43E— omit.

s 8 6 s 10 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ˙ Amendment of s 43F (Entitlement to salary and remuneration benefits) 8. Section 43F(3)— omit, insert— ‘ (3) During the period before the agreement is entered into, a senior executive is entitled to have provided, under this Division, the remuneration benefits (if any) stated in writing by the senior executive’s chief executive or, if the senior executive is a chief executive, stated in writing by the Premier.’. ˙ Amendment of s 43G (Making and variation of agreements) 9.(1) Section 43G, heading— omit, insert— ‘ Making and variation of agreements for senior executives ’. (2) Section 43G(1), ‘Crown’— omit, insert— ‘State’. ˙ Insertion of new s 43GA 10. After section 43G— insert— ˙ ‘ Making and variation of agreements for chief executives ‘ 43GA.(1) A written agreement must be entered into between a chief executive and the Premier for the State. ‘ (2) The chief executive and the Premier must enter into the agreement as soon as practicable after— (a) if the chief executive is a chief executive on the commencement of this section—the commencement of this section; or (b) the chief executive is appointed as chief executive.

s 11 7 s 12 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ‘ (3) The agreement remains in force for as long as the chief executive remains a chief executive. ‘ (4) The agreement may only be changed once in any period of 12 months. ‘ (5) However, the agreement must be changed if the chief executive is promoted. ‘ (6) Also, the agreement may be changed at any time if the Premier considers there are special reasons for doing so.’. ˙ Amendment of s 43H (Content of agreements) 11. Section 43H(1)— omit, insert— ‘ 43H.(1) An agreement under section 43G or 43GA must— (a) state that no remuneration benefits are to be provided to the senior executive; or (b) state the kinds of remuneration benefits that are to be provided to the senior executive.’. ˙ Replacement of ss 43I–43K 12. Sections 43I to 43K— omit, insert— ˙ ‘ Remuneration package amount ‘ 43I.(1) The remuneration package amount for a senior executive, other than a chief executive, is the amount that applies to the package point 2 for the senior executive specified in the table to section 43J. ‘ (2) The remuneration package amount for a chief executive is the 2 Senior executives are allocated to package points under section 43L.

s 12 8 s 12 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) amount that applies to the package point 3 for the chief executive specified in Schedule 1, column 2. ‘ (3) Subsection (2) applies to a chief executive from— (a) 1 September 1994; or (b) if the chief executive is the Commissioner of the Police Service—the day the Queensland Police Service enters into an NSDU agreement. ‘ (4) This section does not limit section 43IA or 43M. ˙ ‘ Variation of remuneration package amount under enterprise bargaining ‘ 43IA.(1) The purpose of this section is to make provision for changes to the amount payable to a senior executive following entry into an industrial agreement between the unit to which the executive is appointed and officers appointed to the unit. ‘ (2) If, on or after 1 July 1994, the unit to which a senior executive is appointed enters into an industrial agreement between the unit and officers appointed to the unit, the amount payable to the senior executive is the amount specified in Schedule 1, column 2 for the senior executive’s package point. ‘ (3) The amount is payable from— (a) for the core agreement—1 September 1994; or (b) for an NSDU agreement—the day officers are entitled to a salary increase under the agreement. ‘ (4) If the agreement provides for further increases, the amount payable to the senior executive is to change in accordance with subsection (5)— (a) for an executive appointed to a core department—on the day that officers in the department are entitled to receive an increase in salary under the agreement; or 3 Chief executives are allocated to package points under section 43LA.

s 12 9 s 12 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) (b) for an executive appointed to an NSDU—on the day that officers in the NSDU are entitled to receive an increase in salary under the agreement. ‘ (5) The amount payable to the senior executive is— (a) for a stage 2 core agreement or stage 2 NSDU agreement—the amount specified in Schedule 1, column 3 for the senior executive’s package point; or (b) for a stage 3 core agreement or stage 3 NSDU agreement—the amount specified in Schedule 1, column 4 for the senior executive’s package point. ‘ (6) Also, if the senior executive’s remuneration package amount is increased by an amount under section 43M, then, for this section, the amount specified in Schedule 1, columns 2 to 4 for the senior executive’s package point is also to be increased by that amount. ‘ (7) In this section— “officer” does not include senior executive. “unit” means a core department or NSDU. ˙ ‘ Senior Executive Service package points, work value ranges and remuneration ‘ 43J. The work value ranges and package points specified in the following table apply to Senior Executive Service positions, other than chief executive positions 4 — Table Level of position Work value range Package point Remuneration package amount $ 1 1A 1.1 63 425 4 Package points are allocated to chief executives under section 43LA.

s 12 10 s 12 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) 1A 1.2 65 988 1B 1.3 69 063 1B 1.4 72 138 2 2A 2.1 74 275 2A 2.2 77 350 2B 2.3 80 425 2B 2.4 84 013 2B 2.5 87 600 3 3A 3.1 89 225 3A 3.2 92 813 3B 3.3 96 400 3B 3.4 99 988 3B 3.5 103 268 4 4 4.1 103 575 4 4.2 112 800 ˙ ‘ Determination of assessed work value and work value range ‘ 43K. The work value range that applies to a Senior Executive Service position, other than a chief executive position, is to be decided— (a) by assessing the work value of the position in accordance with work value assessment procedures for the time being approved by the Commission; and (b) by applying the following table— Table Level of position Assessed work value Work value range 1 720–769 1A 1 770–819 1B 2 820–939 2A 2 940–1 119 2B 3 1 120–1 279 3A

s 13 11 s 15 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) 3 1 280–1 519 3B 4 1 520+ 4’. ˙ Amendment of s 43L (Allocation of package points) 13. Section 43L, heading— omit, insert— ‘ Allocation of package point for senior executives ’. ˙ Insertion of new s 43LA 14. After section 43L— insert— ˙ ‘ Allocation of package point for chief executives ‘ 43LA.(1) When a person is appointed as a chief executive, the Governor in Council must decide the package point to which the executive is allocated. ‘ (2) A chief executive may be allocated to package point CEO.1, CEO.2 or CEO.3.’. ˙ Amendment of s 43M (Remuneration package maintenance) 15. Section 43M(2)(d)— omit, insert— ‘(d) the amount of the senior executive’s salary under the contract was more than— (i) the amount that applied under section 43X(1) 5 (disregarding section 43X(2)) to the package point to which the senior executive was allocated on being appointed; or (ii) if the amount under section 43X(1) is changed because of 5 Section 43X (Amounts for purposes of certain entitlements)

s 16 12 s 16 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) section 43Y 6 —the amount that applied under Schedule 2, column 2, 3 or 4 as the case may be 7 to the package point to which the senior executive was allocated on being appointed;’. ˙ Replacement of s 43X (Amounts for purposes of certain entitlements) 16. Section 43X— omit, insert— ˙ ‘ Amounts for purposes of certain entitlements ‘ 43X.(1) The entitlement of a senior executive, other than a chief executive, to prescribed payments is to be worked out using the amount specified in the following table for the senior executive’s package point— Table Level of position Package point Salary $ 1 1.1 58 425 1.2 60 988 1.3 64 063 1.4 67 138 2 2.1 68 675 2.2 71 750 2.3 74 825 2.4 78 413 6 Section 43Y (Variation of amounts for purposes of certain entitlements under enterprise bargaining) 7 Schedule 2, columns 2, 3 and 4 specify remuneration package amounts for certain entitlements. The amount that is payable depends on the senior executive’s package point and the application of section 43Y (Variation of amount for purposes of certain entitlements under enterprise bargaining).

s 16 13 s 16 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) 2.5 82 000 3 3.1 83 025 3.2 86 613 3.3 90 200 3.4 93 788 3.5 97 068 4 4.1 97 375 4.2 106 600 ‘ (2) The entitlement of a chief executive to prescribed payments is to be worked out using the amount specified in Schedule 2, column 2 for the chief executive’s package point. ‘ (3) However, if a senior executive’s remuneration package amount is increased by an amount under section 43M, the amount specified in the table for the senior executive’s package point is to be increased by an equivalent amount. ‘ (4) In this section— “prescribed payments” means— (a) annual leave loading; or (b) higher duties payments; or (c) payments on cessation of employment. ˙ ‘ Variation of amounts for purposes of certain entitlements under enterprise bargaining ‘ 43Y.(1) The purpose of this section is to make provision for changes to a senior executive’s base rate amount if the senior executive’s remuneration package amount is changed under section 43IA. ‘ (2) If a senior executive’s remuneration package amount is changed under section 43IA(2), the senior executive’s entitlement to prescribed payments is to be worked out using the amount specified in Schedule 2, column 2 for the senior executive’s package point. ‘ (3) If a senior executive’s remuneration package amount is changed

s 17 14 s 17 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) under section 43IA(4) for a stage 2 core agreement or a stage 2 NSDU agreement, the senior executive’s entitlement to prescribed payments is to be worked out using the amount specified in Schedule 2, column 3 for the senior executive’s package point. ‘ (4) If a senior executive’s remuneration package amount is changed under section 43IA(4) for a stage 3 core agreement or a stage 3 NSDU agreement, the senior executive’s entitlement to prescribed payments is to be worked out using the amount specified in Schedule 2, column 4 for the senior executive’s package point. ‘ (5) Also, if a senior executive’s remuneration package amount is increased by an amount under section 43M, then, for this section, the amount specified in Schedule 2, column 2, 3 or 4 for the senior executive’s package point is also to be increased by that amount. ‘ (6) In this section— “base rate amount” means the amount specified in the table to section 43X(1). “prescribed payments” means— (a) annual leave loading; or (b) higher duties payments; or (c) payments on cessation of employment.’. ˙ Insertion of new s 68 17. After section 67— insert— ˙ ‘ Numbering and renumbering of regulation ‘ 68. Section 43 (Numbering and renumbering of provisions) of the ReprintsAct1992 must be used in the next reprint of this regulation produced under that Act.’.

s 18 15 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ˙ Insertion of new Schs 1–3 18. After section 68— insert— ‘ SCHEDULE 1 ‘ SENIOR EXECUTIVE REMUNERATION PACKAGE AMOUNTS—STAGED INCREASES sections 43I(2) and 43IA(2) and (5) Column 1 Package point 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 3.5 Column 2 Stage 1 increase $ 64 208 66 771 69 846 72 921 75 058 78 133 81 208 84 796 88 383 90 008 93 596 97 183 100 771 104 051 Column 3 Stage 2 increase $ 65 107 67 706 70 824 73 942 76 109 79 227 82 345 85 983 89 620 91 268 94 906 98 544 102 182 105 508 Column 4 Stage 3 increase $ 67 711 70 414 73 657 76 900 79 153 82 396 85 639 89 422 93 205 94 919 98 703 102 485 106 269 109 728

s 18 16 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) 4.1 4.2 CEO.1 CEO.2 CEO.3 104 358 113 583 115 000 122 000 142 000 105 819 115 173 116 610 123 708 143 988 110 052 119 780 121 275 128 656 149 748

s 18 17 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ‘ SCHEDULE 2 ‘ SENIOR EXECUTIVE REMUNERATION PACKAGE AMOUNTS FOR CERTAIN ENTITLEMENTS—STAGED INCREASES sections 43X(2) and 43Y(2) to (5) Column 1 Column 2 Column 3 Column 4 Package point Stage 1 increase Stage 2 increase Stage 3 increase $ $ $ 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 3.5 4.1 4.2 CEO.1 59 208 61 771 64 846 67 921 69 458 72 533 75 608 79 196 82 783 83 808 87 396 90 983 94 571 97 851 98 158 107 383 108 000 60 107 62 706 65 824 68 942 70 509 73 627 76 745 80 383 84 020 85 068 88 706 92 344 95 982 99 308 99 619 108 973 109 610 62 711 65 414 68 657 71 900 73 553 76 796 80 039 83 822 87 605 88 719 92 503 96 285 100 069 103 528 103 852 113 580 114 275

s 18 18 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) CEO.2 CEO.3 115 000 135 000 116 708 136 988 121 656 142 748

s 18 19 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ‘ SCHEDULE 3 ‘ NOMINATED SERVICE DELIVERY UNITS section 43A Unit Department unit attached to CITEC . . . . . . . . . . . . . . . . . . . . . . . . Administrative Services Department GOPRINT . . . . . . . . . . . . . . . . . . . . . Administrative Services Department Marine Pilots . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department of Transport Operational areas (school based positions) . . . . . . . Education Department Project Management . . . . . . . . . . . . . Administrative Services Department Project Services . . . . . . . . . . . . . . . . . Administrative Services Department Q-Build . . . . . . . . . . . . . . . . . . . . . . . Administrative Services Department Q-Fleet . . . . . . . . . . . . . . . . . . . . . . . . Administrative Services Department Queensland Ambulance Service . . . . . . . Queensland Emergency Services Queensland Fire Service . . . . . . . . . . . . . Queensland Emergency Services Queensland Police Service . . . . . . . . . . . . . . . . . . . . . Department of Police Queensland Rail . . . . . . . . . . . . . . . . . . . . . . . . . . Department of Transport Regional Health Authorities . . . . . . . . . . . . . . . . . . . . Department of Health Roads Program . . . . . . . . . . . . . . . . . . . . . . . . . . Department of Transport Sales and Distribution . . . . . . . . . . . . Administrative Services Department TAFE Queensland . . . . . . . . . . . . Department of Employment, Vocational Education, Training and Industrial Relations’.

s 18 20 s 18 Public Service Management and Employment No. 406, 1994 Amendment (No. 2) ENDNOTES 1. Made by the Governor in Council on 24 November 1994. 2. Notified in the Gazette on 25 November 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Public Sector Management Commission. © State of Queensland 1994