Remuneration Tribunal Determination 2005/07 - Principal Executive Office (PEO) Classification Structure and Terms and Conditions

Administered by Department of Employment and Workplace Relations

Legislation au F2005L01130 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

Explanatory Statement:  Determination 2005/07

Principal Executive Office (PEO) Classification Structure and
Terms and Conditions

1.

Clause (i) specifies that the Remuneration Tribunal has inquired into and determined the classification structure for Principal Executive Offices, as it is empowered to do by the Remuneration Tribunal Act 1973.   

In making this determination the Tribunal has informed itself through consultation in accordance with established practice.

2.


3.



4.

Clause (ii) specifies the date of effect of the determination.

Clause 1 specifies the principal Determination (1999/15) for the purposes of the Determination.

Clause 2 replaces Table 1 in the principal Determination with a new Table 1 to reflect the outcome of the Remuneration Tribunal’s annual review as required under clause D3 of the principal Determination.  The maximum Total Remuneration amounts have been adjusted by 4.1% (rounded up to the nearest $100).  Reference salaries, which are a measure of cash salary only, have been adjusted by 4.1% (rounded up to the  nearest $10). 

 

 

 

 

Authority: Sub-sections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973

 

Overview

The Remuneration Tribunal Determination 2005/07, issued under the Remuneration Tribunal Act 1973, addresses the need to review and adjust the classification structure and associated terms and conditions for Principal Executive Offices (PEO). Enacted by the Commonwealth Parliament, this determination aims to ensure the remuneration packages for PEOs are reflective of current economic conditions and consistent with the policy objectives of the Act, which seeks to maintain fair and competitive remuneration for executive positions within the public sector. The Tribunal, empowered by the Act, undertakes this review to keep the remuneration packages aligned with market standards and to provide clarity and certainty for both the public sector and the employees concerned. This determination follows the Tribunal's annual review process, as mandated by the Act, and reflects adjustments to both the maximum total remuneration and reference salaries for PEOs. The increases of 4.1%, rounded up to the nearest $100 for total remuneration and the nearest $10 for reference salaries, are intended to maintain the competitiveness and attractiveness of executive roles within the public service. This adjustment is based on thorough consultation and established practices to ensure the outcomes are both fair and reflective of current economic realities.

Scope and Application

The Remuneration Tribunal Determination 2005/07 applies to the classification structure and terms and conditions of Principal Executive Offices (PEOs) within the Commonwealth of Australia. This determination is made under the powers conferred by the Remuneration Tribunal Act 1973, which empowers the Tribunal to review and adjust the classification structure and remuneration for PEOs. The Tribunal's determination is based on consultation and an annual review as stipulated in the principal Determination (1999/15). This new determination adjusts the maximum Total Remuneration amounts by 4.1% and the reference salaries by the same percentage, rounded up to the nearest $100 and $10 respectively. The changes are effective as of the date specified in Clause (ii) of the Determination. The Tribunal’s jurisdiction is limited to the Commonwealth and it does not extend to state or territory entities unless they are under Commonwealth employment. The Determination also provides for the adjustment of subordinate instruments as needed to implement these changes effectively.

Key Provisions

The Remuneration Tribunal has determined the classification structure for Principal Executive Offices under clause (i) of the Determination (2005/07), as outlined in section 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973. This determination follows an inquiry by the Tribunal and consultation in accordance with established practices. It replaces Table 1 in the principal Determination (1999/15) to reflect the outcome of the Tribunal’s annual review. The changes include adjustments to the maximum Total Remuneration amounts and reference salaries, increased by 4.1% and rounded to the nearest $100 and $10 respectively. This determination is effective from the date specified in clause (ii). The Remuneration Tribunal Act 1973 imposes specific obligations on the Tribunal when determining the classification structure for Principal Executive Offices. Under section 5(2A), the Tribunal must conduct an inquiry and base its determination on the information available to it. Section 7(3D) and 7(4) mandate that the Tribunal must consult with relevant stakeholders and adjust the classification structure annually. These provisions ensure that the Tribunal's determinations are informed, fair, and reflective of current economic conditions. Failing to comply with the provisions of the Remuneration Tribunal Act 1973 or the Determination (2005/07) may result in civil or criminal consequences. While the Act does not specify particular offences, non-compliance with the Tribunal’s determinations could lead to disputes over remuneration that might need to be resolved through legal channels. The penalties for such breaches are not explicitly detailed in the text, but they could include financial penalties or corrective actions as determined by the relevant authorities. It is crucial for all parties involved to adhere to the Tribunal’s determinations to avoid potential legal ramifications.

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