Government Sector Employment Act 2013
The Government Sector Employment Act 2013 (GSE Act) commenced on 24 February 2014.
The Public Service senior executive established under the GSE Act is comprised of four broad Public Service senior executive (PSSE) bands in accordance with the Government Sector Employment (Senior Executive Bands) Determination 2014.
Under section 40(1) of the GSE Act, the remuneration package of a Public Service senior executive must be within the range determined under the SOOR Act for the band in which the executive is employed.
Transitional arrangements
Schedule 4 to the GSE Act includes transitional arrangements relating to executives’ remuneration that apply to an executive potentially until 24 February 2017. Under these arrangements, the following executives have a remuneration package equivalent to the remuneration package of the executive immediately before the repeal of the Public Sector Employment and Management Act 2002 (PSEM Act), unless the remuneration package is increased as a result of a determination of the SOORT under Part 3A, 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).

Annual Determinations by SOORT in 2014
Following amendments to the SOOR Act as part of the GSE Act reforms in 2013, the SOORT is now required to make two annual determinations for senior executives and its annual determinations relate to the 12 month period commencing on 1 July whereas previously annual determinations related to the 12 month period commencing 1 October.
Part 3A Determination
Under section 24C of Part 3A of the SOOR Act, SOORT is required to make annual determinations of the remuneration packages on and from 1 July in the year concerned for the executives to whom the transitional arrangements described above apply. SOORT has made the following determinations under Part 3A of the SOOR Act:

• The remuneration package ranges for former SES executives
• Chief Executive Officer and Co-ordinator General, Infrastructure NSW
• Director General, Department of Trade and Investment, Regional Infrastructure and Services
• Recruitment Allowances Retention Allowances
• Specialist Medical Skills
• General Medical Skills

Part 3B Determination
Under section 24O of Part 3B of the SOOR Act, SOORT is required to make annual determinations of the remuneration packages for Public Service senior executives on and from 1 July in the year concerned.
Determinations under section 24O of the SOOR Act apply to the Secretary of a Department and any other Public Service senior executive to whom Division 4 of Part 4 of the GSE Act applies (other than those subject to the transitional arrangements).
In the Part 3B determination, SOORT determines only the remuneration package ranges for Public Sector senior executives.
The determination does not provide for Recruitment and Retention Allowances as the new executive arrangements will provide for a different approach for market-based recruitment adjustments.
Adjusted annual increase in 2014
SOORT’s 2014 annual determinations under section 24C and section 24O of the SOOR Act provide for an increase of 1.88% for both former SES executives and the remuneration packages for Public Service senior executive bands respectively, effective on and from 1 July 2014.
This increase represents an adjusted rate to ensure, in accordance with the Government’s wages policy, that remuneration package ranges do not increase by more than 2.5% over a twelve month period, given the 2014 annual determinations are effective from 1 July, rather than the later date of 1 October, at which date previous annual determinations have taken effect

Recruitment and Retention Allowances
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 2014. 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

Authorities:
Government Sector Employment Act 2013
Government Sector Employment (Senior Executive Bands) Determination 2014
Statutory and Other Offices Remuneration Act 1975
Report and Determination – Public Service senior executives
Report and Determination – Chief Executive and Senior Executive Services