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Determination - 26 November 2010

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Remuneration of Full-Time Senior and Ordinary Members of the State Administrative Tribunal

SALARIES AND ALLOWANCES ACT 1975

Section 6(1)(e) of the Salaries and Allowances Act 1975 (“the Act”) requires the Salaries and Allowances Tribunal (“the Tribunal”), at intervals of not more than twelve months, to inquire into and determine the remuneration to be paid to a person holding any office prescribed for this section.

BACKGROUND

The Tribunal has today issued a report under Section 7 of the Act to the Minister recommending two adjustments of 3.6 per cent and 3.52 per cent effective from 1 November 2010 and 1 May 2011 in the remuneration to be paid to Judges of the Supreme and District Courts, Masters of the Supreme Court, Magistrates and the Parliamentary Inspector of the Corruption and Crime Commission.

This determination provides for the two remuneration increases of 3.6 per cent and 3.52 per cent to flow through to the full-time Senior and Ordinary non-judicial Members of the State Administrative Tribunal (“Members”).

CURRENT INQUIRY

In discharging its statutory requirements with respect to the remuneration of Members, the Tribunal’s approach has been to:

  • advertise for public submissions;
  • write to key office holders; and
  • consider relevant labour market and economic data.

This process provides an opportunity for members of the public, the Government, Members themselves or any other interested party to make a submission. It also helps to inform the Tribunal of changes which might have taken place in the roles or responsibilities of Members over the past year and other remuneration issues for Members.

Public Submissions

Public submissions were sought by advertisement in The West Australian with a closing date of Friday, 24 September 2010.

Invitation to Office Holders

The Tribunal wrote to the President of the State Administrative Tribunal, inviting submissions to its enquiry.

Labour Market and Economic Data

Relevant labour market and economic data were sought from a variety of sources.  For example, the Tribunal sought current data on the Wage Price Index, Average Weekly Earnings, the Consumer Price Index and Total Employment Growth.  Economic forecasts at a national and state level were also considered.

SUBMISSIONS

The Tribunal received a letter from Justice John Chaney and a submission from Mr Murray Allen, Senior Member and Mr Maurice Spilane, Ordinary Member on behalf of the full-time Senior and Ordinary Members of the State Administrative Tribunal.

The submission sought an adjustment to the remuneration of Members “in line with any increase that may be granted to other judicial officers in Western Australia”. 

The submission also raised the possibility of providing remuneration for part-time and sessional Members. It was noted that remuneration of sessional Members has been handled previously by the Governor in Executive Council and the last such determination was on 23 March 2010.

 

The submission indicated that the State Administrative Tribunal was reviewing its future needs and work values and indicated that it may look at appointing part-time Senior and Ordinary Members. The State Administrative Tribunal suggested that the Tribunal remunerate part-time Members at a pro rata rate.

CONSIDERATIONS

In exercising its statutory responsibilities, the Tribunal applies broad principles upon which levels of remuneration are determined for all categories of offices and positions coming within the scope of the ActThese principles, particularised to Members of the State Administrative Tribunal, have been applied by the Tribunal to make judgements with respect to the remuneration in this determination. These principles are:

  • the value of Members to the state and our democratic system of government;
  • measures of the “work value” of Members; and
  • the level of remuneration of Members within the context of the environment of wage and salary rates applying generally in the community.

Part-Time and Sessional Members

The submission from the State Administrative Tribunal recommended that the Tribunal remunerate part-time Members of the State Administrative Tribunal on a pro rata basis. However, it is understood that at this stage, no such part-time Members have been appointed. The Tribunal took the view that it would need to consider all the relevant factors regarding the nature of the office and the work being undertaken in order to properly consider this issue. Accordingly, it decided to defer any decision on the matter until the relevant factors were known and the Tribunal had the opportunity to give the matter due consideration.

In relation to remuneration of sessional Members of the State Administrative Tribunal, the Tribunal noted that the Governor in Executive Council had recently issued a determination.

DETERMINATION

The Tribunal has adjusted the remuneration of Members in line with the framework of rates payable to judicial office holders and court registrars in Western Australia. The adjustment has taken into account levels of remuneration in other relevant jurisdictions and maintains existing relativities.

Motor Vehicle Entitlements

As was the case in previous determinations, the Tribunal has provided for Members to have an entitlement to a motor vehicle for private use under the conditions set out in the Schedule below.

The Tribunal determines that the remuneration paid or provided to Senior and Ordinary Members of the State Administrative Tribunal will be as set out in the attached Schedule.

SCHEDULE

PART 1 Remuneration

POSITION REMUNERATION
(effective from 1 November 2010)
REMUNERATION
(effective from 1 May 2011)
Senior full-time member $278,532 $288,336
Ordinary full-time member $208,899 $216,252

PART 2 Motor Vehicles

Section 1 General

1.1   In addition to the remuneration determined for the officers and persons holding offices listed in Part 1 of this Schedule, the office holders have an entitlement to a motor vehicle for private use provided through State Fleet in accordance with the criteria below.

1.2   The provision of vehicles remains an administrative responsibility of the Department to manage in a cost effective manner.

1.3   An individual accessing a vehicle under this Part shall take due care of the condition and security of the vehicle. This includes responsibility for ensuring the vehicle is regularly serviced and maintained at government expense according to the manufacturer’s recommended specifications, and making arrangements for off-street parking at home, whenever practicable, with appropriate security precautions taken at all times. Any theft or damage, however slight, should be reported to the Fleet Manager with a view to repairs being effected at the earliest opportunity.

1.4   While the vehicle may be used anywhere in Western Australia at no cost to the individual, if the vehicle is driven interstate, the individual is liable for the cost of fuel and oil while interstate. Furthermore, if used outside of Western Australia, the custodian must be in the vehicle at all times that it is being used.

1.5   Should the officer choose not to use the vehicle, supplied through State Fleet, for business, but allows and authorises the vehicle to be used for private use during business hours by another family member or person, he/she is not entitled to access another government vehicle for his/her private use.

Section 2 Benchmark Vehicle

2.1   Where a Benchmark Vehicle is sought through State Fleet, the entitlement is to a Ford Falcon G6E or a Holden Calais.

Section 3 Non-Benchmark Vehicle

3.1   Where a vehicle and accessories other than a Benchmark Vehicle is sought through State Fleet, the difference in cost to Government:

  • where greater, is to be paid fortnightly by the individual; or
  • where lesser, is to be paid fortnightly as part of the individual’s remuneration.

3.2   The method of determining whether an additional contribution must be made by the individual or the surplus paid as part of remuneration shall be based on the actual cost to Government of the vehicle sought (using the formula detailed below), compared against the more expensive of the Benchmark Vehicles mentioned above.  The cost at the time of entering into the lease is applicable.

3.3   Where an individual wishes to obtain a motor vehicle that varies from the Benchmark Vehicle, the motor vehicle costs must include the lease cost, Fringe Benefits Tax and all other operating costs based on the relevant figure of nominated kilometres to be travelled annually. The formula to be adopted in valuing the motor vehicle is:

L + R + aD + FBT, where:

L = Lease payments
R = Registration costs
A = Running cost per kilometre
D = nominated annual kilometres*
FBT = Fringe Benefits Tax

*Note: To the extent that in line with State Fleet policy agencies may in practice already have adopted this approach (i.e. departed from the originally specified 20,000 km per annum calculation base) this is endorsed.

3.4   FBT is costed at applicable Australian Taxation Office rates. as adjusted from time to time.  Currently FBT is costed at purchase price (including GST) x Statutory fraction x Gross up (2.0647) x FBT rate (0.465).

3.5   Fringe Benefits Tax Exempt Agencies: Where an organisation is exempt from FBT in accordance with Commonwealth Government legislation, a notional amount equal to the standard FBT must be added to the cost of the benefit.

3.6   Should an officer choose other than a Benchmark Vehicle, it may have implications for the remuneration which is to be taken into account for their superannuation.  Further information can be obtained from the Government Employees’ Superannuation Board’s Members’ Services Centre.

3.7   Non-chief executive officers who wish to vary from the Benchmark Vehicle must also obtain the approval of their chief executive officer for the make and model of vehicle required.

3.8   The cost of vehicle accessories over and above those available to Senior Executive Service members as set out in the “WA Government Fleet Policy and Guidelines” should be borne by the individual.

3.9   In most instances the Fleet Manager will provide a total costing for each vehicle.

Section 4 Cash Value

4.1   Where a person elects not to be provided with a motor vehicle through State Fleet he/she is entitled to the cash value being paid fortnightly as additional remuneration.  This option is not to be used as a means of changing or returning motor vehicles at times other than the expiration of a normal lease.

4.2   The cash value has been determined at $24,000 per annum.

 

Dated at Perth this 26th day of November 2010.

W S Coleman AM C A Broadbent B J Moore
CHAIRMAN MEMBER MEMBER


SALARIES AND ALLOWANCES TRIBUNAL

 

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.