EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. , 230
Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 5 of the Remuneration Tribunal Act 1973 (“the Act”) provides amongst others the following functions for the Tribunal:
determining the remuneration to be paid to the holders of public office; and
advising public statutory corporations, government business enterprises and other employing bodies in relation to terms and conditions (including remuneration and allowances) on which principal executive offices are to be held.
Subsection 3(4) of the Act provides a list of the offices referred to by the term public office and also a list of exclusions. Paragraph 3(4)(ra) of the Act operates to exclude principal executive offices from the ambit of public offices. A principal executive office is an office or appointment declared by regulations made for the purposes of paragraph 3(4)(ra) of the Act to be a principal executive office. The effect of so declaring an office or appointment is therefore to remove it from the determination making jurisdiction of the Tribunal and bring it into advisory jurisdiction.
Under section 13 of the Act, the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Accordingly a regulation has been made to amend the principal Regulations by declaring the following offices to be principal executive offices, for the purposes of paragraph 3(4) (ra) of the Act:
Chief Executive Officer of the Civil Aviation Authority
Chief Executive Officer of the Federal Airports
Corporation.