REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/11
Principal Executive Office (PEO) Classification Structure and Terms and Conditions
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with
sub-section 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
4. Clause 1 specifies the Principal Determination (Number 19 of 2005 as amended) for the purposes of the Determination.
5. Clause 2 replaces Table A1 in the Principal Determination with a new Table A1 to reflect the outcomes of the Remuneration Tribunal’s annual review of remuneration. Accordingly, all figures have been increased by 3 per cent (rounded).
Authority: Sub-sections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Explanatory Statement Determination 2011/11, enacted in 2011, serves to address the need for the Remuneration Tribunal to determine remuneration and related matters for office holders, as mandated by the Remuneration Tribunal Act 1973. The Remuneration Tribunal, established under this Act, is responsible for ensuring that the remuneration of office holders is reviewed and adjusted appropriately. This determination is made in accordance with the established practices of consultation and review, reflecting the Tribunal's commitment to maintaining fair and competitive remuneration levels. The policy objective is to ensure that the remuneration of office holders remains consistent with the current economic conditions and other relevant factors, thereby maintaining the integrity and effectiveness of public office. The retrospective application of this determination is compliant with sub-section 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect any individual's rights or impose new liabilities on them.
Scope and Application
The Remuneration Tribunal Determination 2011/11 applies to office holders within the scope of the Remuneration Tribunal Act 1973, which empowers the Tribunal to determine their remuneration and related matters. The Tribunal, in making this determination, followed its established practice of consultation and has specified the Principal Determination (Number 19 of 2005 as amended) for the purposes of this Determination. The determination modifies the remuneration figures for office holders by increasing them by 3 per cent, as reflected in the new Table A1 that replaces the previous Table A1 in the Principal Determination. This determination has a national reach as it applies to office holders across Australia and is applicable to various offices and positions specified within the Tribunal's jurisdiction. The determination does not affect the rights of any person (other than the Commonwealth or an authority of the Commonwealth) to their disadvantage, nor does it impose any liability on such a person, in accordance with sub-section 12(2) of the Legislative Instruments Act 2003. The application of this determination may be extended or restricted through subordinate instruments as provided for under the Remuneration Tribunal Act 1973.
Key Provisions
The key provisions of the Determination 2011/11 under the Remuneration Tribunal Act 1973, primarily involve the update of remuneration and related matters for office holders, as specified in Clause 2 (sections 5(2A), 7(3D), and 7(4)). This determination follows the Tribunal’s annual review and includes an increase of 3 per cent in all figures, rounded as necessary, to reflect current economic conditions and other relevant factors. This clause essentially replaces Table A1 in the Principal Determination (Number 19 of 2005 as amended) with a new Table A1, ensuring that the remuneration structure is aligned with the latest review outcomes.
The obligations imposed on the parties governed by this Act include adhering to the updated remuneration figures set out in the new Table A1. This means that office holders and their respective employing entities must ensure that any remuneration paid aligns with the new rates specified in the updated table. The Tribunal's determination requires compliance with these updated terms and conditions to maintain fairness and consistency in remuneration practices across the specified roles. This update is integral to ensuring that the remuneration structure remains competitive and reflective of current economic standards.
Failure to comply with the provisions of this Determination can result in significant consequences. While the specific offences, penalties, or consequences are not detailed within the provided text, it is implied that non-compliance could lead to legal repercussions under the Remuneration Tribunal Act 1973. This may include civil penalties for incorrect payment of remuneration, or potential criminal charges in cases of deliberate non-compliance or fraudulent activities. The exact penalties would be determined based on the severity and nature of the breach, but the Act empowers the Tribunal to enforce compliance and impose appropriate sanctions where necessary.