Public Service Commission

Type:
Public Service Commissioner Circular
Identifier:
PSCC 2016-05
Status:
Archived

PSCC-2016-05- Determinations by the Statutory and Other Offices Remuneration Tribunal 2016

Description

  • The Statutory and Other Offices Remuneration Tribunal (SOORT) has determined an increase of 2.5 per cent to remuneration packages provided to Public Service senior executives and to former senior executives who are subject to the Chief and Senior Executive Service determination.
  • The determinations were published in the Government Gazette of 22 July 2016 and are also published on the NSW Remuneration Tribunals’ website.
  • The NSW Public Service Senior Executive Remuneration Management Framework has been updated to reflect the 1 July 2016 SOORT increase.

 

Detailed Outline

2016 Annual Determinations  

SOORT’s 2016 annual determinations for Public Service senior executives (PSSE) and the Chief and Senior Executive Service provides for an increase of 2.5% effective on and from 1 July 2016.   

Public Service senior executives

The PSSE cohort comprises the four bands specified in the Government Sector Employment (Senior Executive Bands) Determination 2014.

Under section 40(1) of the Government Sector Employment Act 2013 (GSE Act), the remuneration package of a PSSE must be within the range determined under the Statutory and Other Offices Remuneration Act 1975 (SOOR Act) for the band in which the executive is employed.

Determinations under section 24O of the SOOR Act apply to the Secretary of a Department and any other PSSE to whom Division 4 of Part 4 of the GSE Act applies (other than those subject to the transitional arrangements in Schedule 4 to the Act).

The determination does not provide for Recruitment and Retention Allowances as the GSE Act senior executive arrangements provide for a different approach for market-based recruitment adjustments.

2016-17 NSW Public Service Senior Executive Remuneration Management Framework

The NSW Public Service Senior Executive Remuneration Management Framework (‘the Framework’) has been updated to reflect the 2016 SOORT determination.  The discretionary ranges and the formulas for each job evaluation methodology in appendices 1 and 2 have been updated to reflect the 2.5% SOORT increase.

The Framework applies to all PSSE roles.    

Attention is drawn to Part 4.3 of the Framework:

“The annual SOORT determination increase is to be applied to each role’s base remuneration point (through application of the updated formula for calculation of base remuneration points) and its discretionary range (through application of the percentage increase to the discretionary ranges for bands 1, 2 and 3).

Each executive officer’s current remuneration point within the range for their role will also be adjusted to incorporate the increase.  This increase is separate from any progression within the range based on performance assessment.”

Remuneration above the range for a band must only be in accordance with a determination by the SOORT, pursuant to a special determination under section 24P or as provided for in the annual determination under section 24O of the SOOR Act.

The 2016-17 edition of the Framework reflects the recent amendments to the SOOR Act which commenced on 1 July.  These amendments provide the SOORT with greater flexibility to determine appropriate remuneration arrangements for a particular role, office or position or for a particular class of senior executives.

There have in addition been minor editorial changes to the Framework, including replacing references to Market Verification Guidelines with guidance by the Public Service Commission.  This guidance will be published later in the year.

Chief and Senior Executive Service - transitional arrangements

Schedule 4 to the GSE Act includes transitional arrangements relating to the remuneration of former SES executives potentially until 23 February 2017.  These transitional arrangements provide, amongst other things, for the following executives to have their remuneration packages increased as a result of a determination of the SOORT under Part 3A of the SOOR Act:

  • persons continuing in office as Secretaries of Departments (clause 6(2), Schedule 4, GSE Act);
  • persons continuing in office as heads of Public Service agencies that correspond with pre-GSE Act Government Service Divisions (clause 7(2), Schedule 4, GSE Act);
  • persons holding office as heads of other Public Service agencies (clause 7(5), Schedule 4, GSE Act);
  • ‘former SES executives’ (clause 8(1)(a), Schedule 4, GSE Act);
  • statutory officers listed in clause 8A(1), Schedule 4, GSE Act).

Under section 24C of Part 3A of the SOOR Act, SOORT is required to make annual determinations of the remuneration packages for the executives to whom the transitional arrangements described above apply.  

The determinations by SOORT do not affect existing Recruitment or Retention Allowances.  Employees in receipt of these allowances continue to receive them in accordance with clause 8B of Schedule 4 of the GSE Act, at the quantum for which they were originally approved.

Other than as provided for in these transitional arrangements, Recruitment and Retention Allowances are no longer available.

Further information

Employees should contact their agency’s HR contacts in the first instance for further information about the application of the SOORT’s annual determinations for 2016. Agency HR contacts can contact the Public Service Commission with any enquiries using the contact details at the end of this Circular.


Graeme Head
Public Service Commissioner

Access the 2016/17 Senior Executive Remuneration Management Framework

Authorities

Government Sector Employment Act 2013

Government Sector Employment (Senior Executive Bands) Determination 2014

Statutory and Other Offices Remuneration Act 1975

2016 Annual Determination-SOORT-Chief and Senior Executive Service

2016 Annual Determination-SOORT-Public Service Senior Executives

Overview

Who needs to know and/or comply with this?

Departments
Executive agencies related to Departments
Separate agencies

Compliance

Not Mandatory

Contacts

Contact
Phone
Publishing Entity
Public Service Commission
Issuing Entity
Public Service Commissioner