Western Australian Current Acts

SALARIES AND ALLOWANCES ACT 1975 - SECT 10D

10D .         No increases in remuneration under s. 6 before 1 July 2021

        (1)         In this section —

        classification framework means a framework under which the Tribunal, in respect of the offices referred to in section 6(1)(d) —

            (a)         assesses the work value of each of the offices using established principles and methodologies; and

            (b)         based on that assessment, assigns each of the offices to a level of classification, known as a band; and

            (c)         specifies in respect of each band minimum and maximum amounts of annual salary.

        (2)         This section applies to a determination made by the Tribunal under section 6 that comes into operation before 1 July 2021, other than a determination made under section 6(1)(ea).

        (3)         The Tribunal must not make a determination under which the remuneration to be paid or provided in respect of an office or other position referred to in section 6(1) is more than the remuneration paid or provided in respect of the office or position immediately before commencement day.

        (4)         If an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, unless subsection (6) applies, the remuneration determined by the Tribunal to be paid or provided in respect of the office must not be more than the remuneration paid or provided to the last person to hold the office before commencement day.

        (5)         Subsection (6) applies if —

            (a)         an office referred to in section 6(1)(d) or (e) was vacant immediately before commencement day, and the last person to hold the office before commencement day was not in office on or after 1 July 2016; or

            (b)         the Tribunal has not previously determined the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) or (e), for example because it is a new office.

        (6)         In determining the remuneration to be paid or provided in respect of the office, the Tribunal —

            (a)         must, in the case of the first determination made by the Tribunal after commencement day, take into consideration the remuneration paid or provided immediately before commencement day in respect of other offices with which the office is comparable; and

            (b)         must not, in the case of any subsequent determination, determine remuneration that is more than the remuneration determined by the Tribunal in accordance with paragraph (a).

        (7)         If a determination made by the Tribunal includes a classification framework in respect of the offices referred to in section 6(1)(d) —

            (a)         the principles and methodologies the Tribunal uses to assess the work value of each of the offices must not differ from the principles and methodologies the Tribunal used immediately before commencement day; and

            (b)         the number of bands in the classification framework must not differ from the number of bands in the classification framework that applied immediately before commencement day; and

            (c)         the minimum and maximum amounts of salary specified in respect of a band must not differ from the minimum and maximum amounts of salary that applied in respect of that band immediately before commencement day.

        (8)         Nothing in this section prevents the Tribunal from determining to increase the remuneration to be paid or provided in respect of an office referred to in section 6(1)(d) as a consequence of the Tribunal assigning the office to a higher level of classification under a classification framework included in a determination.

        (9)         The regulations may prescribe a kind or class of remuneration to which this section does not apply.

        [Section 10D inserted: No. 1 of 2018 s. 9.]