EXPLANATORY STATEMENT
Statutory Rules 1990 No. 471
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Under section 13 of the Remuneration Tribunal Act 1973 (the Act) the Governor-General may make regulations for the purposes of the Act.
Subsection 7 (11) of the Act provides that except as prescribed, or authorised or approved by legislation, a person employed on a full-time basis (a full-time employee) of the Commonwealth or the Administration of a Territory, or by certain other bodies, is not entitled to be paid remuneration for performing the duties of a public office held on a part-time basis.
Regulation 6 of the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) prescribes, for the purposes of subsection 7(11) of the Act, those part-time offices the holders of which are entitled to be paid remuneration, as determined by the Remuneration Tribunal.
It is proposed to prescribe that the person who is employed on a full-time basis as Special Adviser to the Minister for Land Transport and who also holds a part-time office with the Civil Aviation Authority is entitled to be paid remuneration for the part-time office.
Under the relevant instrument of appointment to the full-time position as Special Adviser the remuneration received by the person holding that position is to be reduced by the amount of remuneration received in relation to any part-time office also held by that person.
The effect of the proposed Regulation will be to ensure that remuneration is divided between the two offices held by the person, and will reflect the relative time spent on performance of duties of each of the offices.
Overview
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1990 No. 471 were enacted under the authority of the Minister for Industrial Relations to amend existing regulations concerning the remuneration of part-time office holders. The primary problem these regulations address is the inequity in the payment of remuneration to full-time employees who also hold part-time offices, which was not clearly delineated in existing provisions. This amendment seeks to rectify this issue by specifying that certain part-time offices, such as the position of Special Adviser to the Minister for Land Transport who also holds a part-time office with the Civil Aviation Authority, are entitled to remuneration. The policy objective behind these amendments is to ensure that remuneration is appropriately allocated between the full-time and part-time positions held by the same individual, reflecting the actual time and duties performed in each role. This amendment ensures a fair and equitable distribution of remuneration in line with the duties and time commitments of the offices held.
Scope and Application
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) under the Remuneration Tribunal Act 1973 governs the remuneration of certain part-time office holders within the Australian public sector. Specifically, it applies to individuals who are employed on a full-time basis by the Commonwealth, the Administration of a Territory, or by certain specified bodies, and who concurrently hold a part-time public office. The proposed regulation targets full-time employees such as the Special Adviser to the Minister for Land Transport who also hold a part-time office with the Civil Aviation Authority. This regulation ensures that these individuals receive remuneration for their part-time duties, which is a deviation from the general rule that full-time employees are not entitled to remuneration for part-time public office duties unless otherwise prescribed. The amendment aligns the remuneration with the time and duties performed for each office, reflecting the actual workload and responsibilities undertaken by the individual. The jurisdictional reach of this Act and its subordinate regulations is national, impacting the federal public service and territories' administrations.
Key Provisions
The Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1990 No. 471 propose to amend Regulation 6 under the Remuneration Tribunal Act 1973. This amendment aims to address the remuneration entitlements for full-time employees who also hold part-time offices. Specifically, Regulation 6 currently outlines which part-time offices entitle their holders to remuneration, as determined by the Remuneration Tribunal. The proposed amendment will include the position of Special Adviser to the Minister for Land Transport, who also holds a part-time office with the Civil Aviation Authority, among those entitled to remuneration for their part-time duties. This amendment will ensure that remuneration for such dual positions is appropriately divided, reflecting the time dedicated to each role.
The obligations imposed by the proposed amendment are primarily concerned with ensuring that remuneration for full-time employees who hold additional part-time offices is fairly allocated. Under the current regulatory framework, as outlined in Regulation 6, certain part-time offices are entitled to remuneration, while others are not. The amendment aims to clarify and include the position of Special Adviser to the Minister for Land Transport, who also serves part-time with the Civil Aviation Authority, in the list of those entitled to remuneration for their part-time duties. This will require the Remuneration Tribunal to review and adjust its determinations to incorporate this new category of part-time officeholders.
In terms of compliance, full-time employees who are also part-time officeholders, such as the Special Adviser to the Minister for Land Transport, must ensure their remuneration is accurately reported and adjusted according to the new regulation. This involves the reduction of their full-time remuneration by the amount earned from their part-time office, ensuring the total remuneration remains consistent with the time and duties performed across both positions. Non-compliance with these remuneration adjustments could result in disputes or inaccuracies in salary allocations, necessitating corrective actions by the employing authorities.
Should an employee or employer fail to comply with the new regulation, it may lead to financial discrepancies or disputes over remuneration. While the regulations do not explicitly outline specific offences or penalties, any breach of remuneration agreements could potentially lead to legal challenges or administrative reviews. The primary consequence would be the need for adjustments to ensure proper remuneration allocation, reflecting the time and duties performed across both the full-time and part-time offices. This ensures fairness and adherence to the legislative intent of the Remuneration Tribunal Act 1973.