Declaration of Principal Executive Office Employing Body and Related Matters Creative Australia

Overview

The Commonwealth of Australia Remuneration Tribunal Act 1973 was enacted to provide a framework for the determination of remuneration and conditions of employment for holders of principal executive offices. This Act aims to ensure that the remuneration and conditions for these roles are appropriate and competitive, thereby attracting and retaining suitable candidates for high-level public service positions. The Act empowers the Remuneration Tribunal to classify principal executive offices and determine their remuneration. In August 2023, a declaration was made under the Act regarding the office of the Chief Executive Officer of Creative Australia, classifying it as a Principal Executive Office in Band C and assigning the Australia Council Board as the employing body for this position. This declaration, effective from 24 August 2023, was made by Patrick Gorman, Assistant Minister for the Public Service, under the authority of sections 3A and 3B of the Act. The policy objective of this declaration is to ensure clarity and consistency in the classification and remuneration of executive roles within the public service.

Scope and Application

The Remuneration Tribunal Act 1973, as amended, provides the framework for determining the remuneration of principal executive officers within the Commonwealth public service, including the designation of specific roles as Principal Executive Offices (PEOs) and the identification of employing bodies for such positions. Under this Act, the Assistant Minister for the Public Service has the authority to declare certain executive offices as PEOs and to assign these offices to a specific classification band. Additionally, the Act allows for the designation of the employing body for these offices. In this instance, the office of Chief Executive Officer of Creative Australia has been declared a Principal Executive Office, assigned to Band C, and its employing body has been identified as the Australia Council Board. This declaration is effective from 24 August 2023, providing clarity on the classification and administrative oversight of the Chief Executive Officer's role within the specified entity. The Act's jurisdiction spans the Commonwealth, and its application is precise, with specific roles and entities named under the authority granted by the Act. The scope of the Act is further extended through subordinate instruments that may detail additional classifications and roles subject to the Tribunal's oversight.

Key Provisions

The main operative sections of this declaration include the identification and classification of the Chief Executive Officer (CEO) office of Creative Australia as a Principal Executive Office (PEO) under section 3A(1) of the Remuneration Tribunal Act 1973. Specifically, it mandates the assignment of this office to Band C within the PEO structure, as determined by the Remuneration Tribunal under section 5(2A) of the Act. Furthermore, section 3B of the Act is invoked to designate the Australia Council Board as the employing body for this office. These declarations were made effective from 24 August 2023, as evidenced by the Assistant Minister for the Public Service's statement dated 14 August 2023. The obligations and requirements imposed by the Act on the parties concerned are primarily administrative and classification-based. The Remuneration Tribunal is tasked with determining the classification bands for PEOs, and the Act mandates that these classifications must be adhered to by the employing bodies. In this case, the Australia Council Board is required to ensure that the remuneration and conditions of employment for the CEO of Creative Australia comply with the classification specified in Band C. Additionally, the Act necessitates that the employing body must formally recognise and accept the Tribunal's classification decisions and incorporate them into the employment terms of the CEO. Failure to comply with the provisions of the Act can result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific offences, penalties, and consequences are not detailed in the declaration itself, the Act generally empowers the Tribunal to enforce its decisions through various means, including the imposition of fines or other sanctions. In cases of significant non-compliance, the Tribunal might also seek court enforcement of its orders. The maximum penalties for breaches are determined by the specific provisions of the Act and could include financial penalties or legal action against the non-compliant employing body.