Prime Minister’s Official Establishments Employees Determination 2022/01

Overview

The Prime Minister’s Official Establishments Employees Determination 2022/01, enacted in December 2022, addresses the need to adjust the salaries and allowances of non-SES employees under the Prime Minister’s Official Establishments as per the Members of Parliament (Staff) Act 1984. This determination was made by Gerard Martin, the First Assistant Secretary of the Ministerial Support Division in the Department of the Prime Minister and Cabinet. The objective is to modify the salaries and allowances of these employees as outlined in the Prime Minister’s Official Establishments Employees Determination 2020-2023, ensuring they are in line with current remuneration standards. The determination will remain in effect until superseded by an enterprise agreement under the Fair Work Act 2009 or another determination that revokes the Comprehensive Determination.

Scope and Application

The Prime Minister’s Official Establishments Employees Determination 2022/01 applies to non-Senior Executive Service (SES) employees who are employed as the Prime Minister’s Official Establishments employees under the Members of Parliament (Staff) Act 1984, specifically those covered by the Prime Minister’s Official Establishments Employees Determination 2020-2023. This determination is designed to adjust the salaries and allowances of these employees. It is made under the authority of Part lll, subsection 13(1), of the Members of Parliament (Staff) Act 1984 and is in force from the date of signing. The purpose of the determination is to modify the employees' salaries and allowances in accordance with the terms of the Comprehensive Determination, which took effect on 10 October 2020. The adjustments include a 1% increase in salaries and equivalent adjustments to certain allowances such as Corporate Responsibility Allowances. The determination remains in effect until an enterprise agreement under the Fair Work Act 2009 is made, or another determination that revokes the Comprehensive Determination comes into force.

Key Provisions

The Prime Minister’s Official Establishments Employees Determination 2022/01 (sections 1 to 8) establishes the framework for adjusting the salaries and allowances of non-Senior Executive Service (SES) employees working within the Prime Minister’s Official Establishments, as defined under the Members of Parliament (Staff) Act 1984. The determination comes into effect on the date it is signed, and it applies specifically to employees who are covered by the Prime Minister’s Official Establishments Employees Determination 2020-2023. It outlines the purpose of adjusting these employees' salaries and allowances, which is to maintain fair compensation levels in line with the broader Comprehensive Determination. This Act imposes obligations on the employees and the Department of the Prime Minister and Cabinet to ensure that salary and allowance adjustments are implemented as specified. Specifically, it mandates a 1% increase in employees' salaries and a corresponding adjustment to certain corporate responsibility allowances, such as those for First Aid Officers, Fire Wardens, and Health and Safety Representatives. These adjustments are calculated based on the amounts immediately preceding the increase and are to be effective from the commencement date of this determination. Failure to comply with the provisions of this determination could potentially lead to legal consequences. While the document does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, non-compliance with employment-related legislation typically results in penalties under the Fair Work Act 2009. This may include fines or other penalties for the employing authority. The exact nature and extent of these penalties would depend on the specific circumstances and the provisions of the Fair Work Act 2009.