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Determination - 8 April 2004

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Holders Of Offices Included In The Special Division Of The Public Service And Prescribed Offices

WESTERN AUSTRALIA SALARIES AND ALLOWANCES ACT 1975
DETERMINATIONS OF THE SALARIES AND ALLOWANCES TRIBUNAL

Determinations made in accordance with Section 6(1)(c)(d) and (e) of the Salaries and Allowances Act 1975

8 April 2004

PREAMBLE

Officers of the Public Service holding offices included in the Special Division of the Public Service and persons holding offices prescribed in the regulations under the Salaries and Allowances Act 1975

The Tribunal last issued a general determination dealing with the holders of Special Division and prescribed offices on 11 April 2003. In accordance with section 8 of the Salaries and Allowances Act 1975, which requires that not more than a year should elapse between one determination and another, the Tribunal has now undertaken a further inquiry into the current levels of remuneration applicable to this group of office-holders.

For the purposes of conducting the review the Tribunal placed an advertisement in "The West Australian" on 7 February 2004, calling for submissions from interested persons and organisations. In response to this, only one submission was received, this being from a person directly affected by the inquiry.

As is its usual practice, the Tribunal in considering the case for an across-the-board increase has taken into account a range of relevant factors, including national economic indices published by the Australian Bureau of Statistics which reveal movements in cost-of-living and wage and salary costs, the State Government's wages policy and outcomes, Government and private sector forecasts, as well as recent remuneration adjustments to other positions under the Tribunal's jurisdiction. In the light of these, the Tribunal has resolved that a salary increase of 3.6 per cent is appropriate. This translates into the new salary rates set out in the First Schedule, which follows.

The adjustment notwithstanding, the Tribunal has some concerns that the resultant salary scale may still be inadequate to meet the general recruitment and retention needs of the top echelon in the public sector. In that regard it will be noted that there have been increasing requests over recent times for the Tribunal to approve the payment of special attraction / retention allowances to achieve satisfactory appointment outcomes. The Tribunal will keep this area under close review.

Likewise, the Tribunal has for some time been concerned that with progressive structural changes within the public sector over the past decade, anomalies and inconsistencies of relativity within the Special Division and prescribed office holder group have developed. The matter continues to be pursued with the Tribunal's statutory adviser on these matters, the Director General of the Department of the Premier and Cabinet. Pending the outcome of consideration of the associated issues, the Tribunal will not be favourably disposed to dealing with individual requests for reclassification, which may have the effect of further exacerbating the situation.

The Tribunal is continuing with its review of the remuneration applicable to the Commissioners of the Western Australian Industrial Relations Commission. As part of these deliberations, the Tribunal is considering recently received submissions from both the Commissioners themselves and the Premier on behalf of the Government. The Tribunal is taking further steps to inform itself as to a final outcome. In the meantime, it has determined it is inappropriate simply to link the salaries of Commissioners to those of the judiciary. The Commissioners have argued strongly for the maintenance of the judicial link primarily on the grounds of independence. The Tribunal does not accept that argument. The Tribunal is of the view that it has a duty under the Salaries and Allowances Act to make a separate determination. The fact that the process of salary setting for the Commissioners, which was transferred from the statutory link to the Tribunal, resulted in the first determination in 2003 maintaining the link does not create any precedent. It was the determination that the Tribunal deemed appropriate at the time in the light of the information it then had before it. The 3.6 per cent increase in salary, which this determination provides to the holders of prescribed offices generally, will flow through to the Commissioners. This translates into the new salary rates set out in the Third Schedule, which follows.

No further adjustment is made in this determination to the salaries of legal officer positions in the Special Division, remuneration for which has already been the subject of a separate determination effective from 1 January 2004. The existing salary levels are reiterated in the Schedules, which follow, for the purposes of consolidation only.

Clerks of the Parliament

The Tribunal has now adopted the practice of addressing remuneration issues for the Clerks and Deputy Clerks of the Parliament at the same time as other senior administrative positions under its jurisdiction.

For the reasons applicable to the holders of Special Division and prescribed offices an increase of 3.6 per cent of salary is provided. This translates into the new salary rates set out in the Fifth Schedule, which follows.

The determinations will now issue.

Signed at Perth this 8th day of April 2004.

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DETERMINATIONS (Comprising 5 Schedules)

FIRST SCHEDULE: HOLDERS OF OFFICES INCLUDED IN THE SPECIAL DIVISION OF THE PUBLIC SERVICE AND PRESCRIBED OFFICES

Pursuant to Section 6(1)(d) and (e) of the Salaries and Allowances Act 1975, the Salaries and Allowances Tribunal determines the salaries to be paid to the officers of the Public Service holding offices included in the Special Division of the Public Service and the persons holding prescribed offices, as listed below, shall be the following with effect from 1 May 2004 -

PART 1 – SALARIES AND OFFICES

    Tenured Salary Non-tenured salary
Group 1 Minimum $117,172 $140,606
  Maximum $124,298 $149,158
Group 2 Minimum $131,733 $158,079
  Maximum $138,928 $166,713
Group 3 Minimum $150,050 $180,060
  Maximum $164,294 $197,153
Group 4 Minimum $181,994 $218,393
  Maximum $200,001 $240,001
 

The salaries are inclusive of Annual Leave Loading.

AGENCY OFFICE CLASSIFICATION
Department of Agriculture Director General Group 3 Maximum
Alcohol and Drug Authority Chief Executive Officer Group 1 Maximum
Office of the Auditor General Auditor General
Plus an allowance of 15% of determined salary (inclusive of the incremental allowance) payable to Mr Pearson
Group 4 Minimum
Coastal Shipping Commission General Manager Group 2 Minimum
Department for Community Development Director General Group 3 Maximum
Department of Conservation and Land Management Executive Director Group 3 Maximum
Department of Consumer & Employment Protection Director General Group 3 Minimum
  WorkSafe Western Australia Commissioner Group 1 Maximum
  Commissioner for Fair Trading
Plus an attraction / retention allowance of 7.5% of determined salary payable to Mr Walker
Group 1 Maximum
Department of Culture and the Arts Director General Group 2 Maximum
Curriculum Council of Western Australia Chief Executive Officer Group 2 Minimum
Disability Services Commission Director General Group 3 Minimum
Office of the Director of Public Prosecutions
*Note: With effect from 1 January 2004
Director Legal Services   $214,545*
  Assistant Principal Crown Prosecutor   $179,194*
East Perth Redevelopment Authority Chief Executive Officer Group 1 Maximum
Department of Education and Training Director General Group 4 Maximum
  Deputy Director General (Schools) Group 2 Maximum
  Deputy Director General (Training) Group 2 Maximum
Department of Education Services Chief Executive Officer Group 2 Minimum
Western Australian Electoral Commission Electoral Commissioner Group 2 Minimum
  Deputy Electoral Commissioner PS Level 9  
Office of Energy Coordinator of Energy
Plus an allowance of 15% of determined salary payable to Ms Nolan
Group 2 Maximum
Department of Environmental Protection Chief Executive Officer Group 1 Maximum
Equal Opportunity Commission Commissioner for Equal Opportunity Group 1 Maximum
Fire and Emergency Services Authority Chief Executive Officer Group 2 Maximum
Department of Fisheries Executive Director Group 2 Minimum
Forests Products Commission General Manager Group 2 Maximum
Government Employees Superannuation Board Executive Director
Plus an allowance of 15% of determined salary payable to Ms Dolin
Group 3 Minimum
Department of Health Commissioner Group 4 Maximum
  Deputy Director General - Healthcare*
* If a Senior Medical Practitioner occupies this position the level of remuneration shall be Group 2 Maximum plus the Incremental Allowance and a loading of 30% in lieu of other allowances normally received.
Group 2 Maximum
  Deputy Director General - Corporate & Finance Group 2 Maximum
  Executive Director - Population Health Group 2 Minimum
Office of Health Review Director Group 1 Maximum
Department of Housing & Works Director General Group 3 Maximum
Department of Indigenous Affairs Commissioner for Aboriginal Planning Group 2 Minimum
Department of the Registrar Western Australian Industrial Relations Commission Registrar Group 1 Minimum
Department of Industry and Resources Director General Group 4 Minimum
Office of the Information Commissioner Information Commissioner Group 1 Maximum
Office of the Inspector of Custodial Services Inspector of Custodial Services Group 1 Maximum
Department of Justice
*Note: With effect from 1 January 2004
Director General Group 3 Maximum
  Crown Solicitor   $238,384*
  Parliamentary Counsel   $238,384*
  Queen's/Senior Counsel   $226,464*
  Crown Counsel   $214,545*
  Deputy Crown Solicitor   $202,626*
  Deputy Parliamentary Counsel   $202,626*
  Senior Adviser Crown Solicitor's Office   $190,708*
Department of Land Information Chief Executive Group 2 Maximum
  Valuer General Group 1 Minimum
Western Australian Land Authority Chief Executive Officer Group 2 Minimum
Library Board of Western Australia State Librarian Group 1 Maximum
Department of Local Government & Regional Development Director General Group 2 Minimum
Lotteries Commission Chief Executive Officer Group 1 Maximum
Main Roads Department Commissioner of Main Roads Group 3 Maximum
Mental Health Review Board President Group 1 Maximum
Midland Redevelopment Authority Chief Executive Officer Group 1 Minimum
Western Australian Museum Director of the Museum Group 1 Minimum
Parliamentary Commissioner for Administrative Investigations Commissioner Group 3 Minimum
  Deputy Commissioner Group 1 Minimum
Department for Planning & Infrastructure Director General Group 4 Minimum
Western Australian Police Service Commissioner of Police
Plus a retention allowance of 15% of determined salary payable to Mr Matthews.
Group 4 Minimum
  Deputy Commissioner - Operations/State Commander Group 2 Maximum
  Executive Director -Administration Group 2 Minimum
  Assistant Commissioners (6) Group 1 Minimum
Department of the Premier and Cabinet Director General Group 4 Maximum
  Executive Director Policy Division Group 3 Minimum
Office of the Public Sector Standards Commissioner Commissioner for Public Sector Standards Group 4 Minimum
Public Transport Authority Chief Executive Officer
Plus an allowance to Group 3 Maximum for the duration of the New Metro Rail Project
Group 3 Minimum
Department of Racing, Gaming and Liquor Director General Group 2 Minimum
Rottnest Island Authority Chief Executive Officer Group 1 Maximum
Small Business Development Corporation Managing Director Group 1 Minimum
Department of Sport and Recreation Director General Group 1 Maximum
State Supply Commission Chief Executive Officer Group 1 Maximum
Totalisator Agency Board Chief Executive Officer / Manager Group 1 Maximum
Western Australian Tourism Commission Chief Executive Officer
While occupied by Mr Muirhead the salary shall be at the Group 3 Maximum level
Group 2 Minimum
Department of Treasury & Finance Under Treasurer -
Personal non-tenured salary of $276,001 payable to Mr Langoulant
Group 4 Maximum
  Executive Director (Finance) Group 2 Minimum
  Executive Director (Agency Resources) Group 2 Minimum
  Executive Director (Economic) Group 2 Minimum
  Commissioner State Revenue Group 2 Minimum
Waters and Rivers Commission Chief Executive Officer Group 2 Minimum
Workers' Compensation and Rehabilitation Commission Executive Director Group 1 Maximum
Zoological Parks Authority Chief Executive Officer Group 1 Minimum

PART 2 – NON-TENURED SALARY

Non-tenured salary is payable to:

  • A person holding a prescribed office included in Section 6(1)(e) of the Salaries and Allowances Act and who is appointed on a fixed term contract without any guarantee of continued employment at the expiration of such term
  • An officer holding an office included in Section 6(1)(d) of the Salaries and Allowances Act 1975, who is appointed under the provisions of the Public Sector Management Act 1994 on a fixed term contract without any right of continued employment at the expiration of such term
  • An officer who does not elect to retain a right of return as provided in Section 58 of the Public Sector Management Act 1994
  • A commissioned police officer whose previous commission is revoked upon appointment as Deputy or Assistant Commissioner and who is appointed for a fixed term with no right of return to commissioned rank.

Non-tenured salary is calculated by adding twenty per cent to the determined tenured salary. Unless otherwise indicated, salaries shown in Part 1 are at the tenured rate.

PART 3 – INCREMENTAL ALLOWANCE

A person holding a chief executive officer position included in Section 6(1)(d) or (e) of the Salaries and Allowances Act 1975, on completion of 3 years' continuous service at the same level, is entitled to receive by way of allowance a one step increment to the next classification level. The incremental allowance does not constitute a basis for any further increments.

For example, under the entitlement a chief executive officer classified at Group 2 Minimum would receive an allowance to Group 2 Maximum, or if classified at Group 3 Maximum would receive an allowance to Group 4 Minimum. The incremental salary level for eligible persons classified at the Group 4 Maximum level is -

  • Tenured           $220,002
  • Non-tenured    $264,002

Persons in receipt of a "personal salary" or a special allowance are not entitled to receive the abovementioned incremental salary unless specifically determined by the Tribunal.

The value of the motor vehicle set out in Part 4 is to be assessed on the actual classification held - that is, receipt of the incremental allowance does not involve upward adjustment of the motor vehicle entitlement.

PART 4 – MOTOR VEHICLES

In addition to the salaries determined for the officers and persons holding offices listed in Part 1, the office-holders have an entitlement to a motor vehicle for private use provided through State Fleet, or cash in lieu as part of salary, in accordance with the following criteria:

Classification Cash Value Benchmark Vehicle (6 cylinder)
Below Group 1 Minimum $14,500 Ford Falcon Gli or Commodore Executive
Group 1 Minimum to Group 2 Minimum $16,500 Ford Fairmont (not Ghia) or Commodore Berlina
Group 2 Maximum and above
For a position where a salary is determined in lieu of a classification
$19,200 Ford Fairmont Ghia or Calais
The tenured salary of the position should be compared to the tenured salaries for the Group 1 to Group 4 range and the appropriate value obtained.

 The Cash Value only becomes operative where a person elects not to be provided with a motor vehicle through State Fleet.

Where a vehicle is provided through State Fleet, the entitlement is either to one of the Benchmark Vehicles shown above or to another vehicle of the individual's choice. In the latter case the difference in cost to Government,

  • where greater, is to be met by contribution from the individual, or
  • where lesser, is to form part of annual salary.

Where a vehicle other than a Benchmark Vehicle is sought, the method of determining whether an additional contribution must be made by the individual or the surplus paid as part of salary 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.

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.

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 kilometres nominated 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 (ie departed from the originally specified 20,000 km per annum calculation base) this is endorsed.

FBT is costed at purchase price (inc GST) x Statutory fraction x Gross up (2.1292) x FBT rate (0.485).

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.

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.

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

The vehicle will be available for business use whilst the officer is on duty. Where an individual chooses not to be provided with a motor vehicle through State Fleet, under no circumstances will that person be provided with a Government vehicle or cab charge for home to office travel or any other private use.

An individual accessing a vehicle under this Part shall take due care for 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 affected at the earliest opportunity.

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 interstate the person must be in the vehicle at all times.

PART 5 – REMUNERATION PACKAGE VALUE

For the purposes of calculating the value of the remuneration package, the employer cost of superannuation should be included, in addition to the salary and the amount determined by the Tribunal for the motor vehicle provided.

Motor Vehicle: Part 4 contains the determination as to the value ascribed to the motor vehicle that will be provided or the amount that can be taken in lieu of a vehicle.

Superannuation: Due to the closure of superannuation schemes over the past 15 years, it is not possible to prescribe the value per person of the superannuation benefit. It is generally assumed that where a person was a member of the Western Australian public sector prior to the 30 December 1995, the value of superannuation is twelve per cent of basic salary. For those who joined after that date, the superannuable component is in accordance with that required under the Superannuation Guarantee Levy, which is currently nine per cent of salary.

Salary packaging in respect to superannuation and novated leases can be effected in accordance with the "Guidelines for Salary Packaging in the WA Public Sector" document.

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER
SALARIES AND ALLOWANCES TRIBUNAL

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SECOND SCHEDULE: COURT REGISTRARS

Pursuant to Section 6(1)(d) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the salaries to be paid to the holders of the offices listed below are as follows with effect from 1 January 2004:

Supreme Court Principal Registrar $204,772
  Registrar $181,339
District Court Principal Registrar $190,708
  Registrar $179,194
  Deputy Registrar $161,125
 

The salaries are inclusive of Annual Leave Loading

The holders of these offices have the same entitlement to a motor vehicle (selected from the Government's Common Use Contract no.012A1994 as amended from time to time) as a person referred to in Part 4 of the First Schedule.

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER

SALARIES AND ALLOWANCES TRIBUNAL

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THIRD SCHEDULE: COMMISSIONERS OF THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Pursuant to Section 6(1)(e) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the Commissioners of the Western Australian Industrial Relations Commission are entitled to remuneration on the following basis with effect from 1 May 2004:

  • The holder of the office of Chief Commissioner is entitled to the allowances payable from time to time to a Judge of the District Court of Western Australia and to a salary of $226,159 per annum.
  • The holder of the office of Senior Commissioner is entitled to the allowances payable from time to time to a Judge of the District Court of Western Australia and to a salary of $214,851 per annum.
  • The holders of the office of Commissioner are entitled to the allowances payable from time to time to a Judge of the District Court of Western Australia and to a salary of $203,543 per annum.

The holder of the office of Chief Commissioner is entitled to a motor vehicle of the type provided to a District Court Judge.

The holders of the offices of Senior Commissioner and Commissioner are entitled to a motor vehicle of the type provided to a Stipendiary Magistrate.

Signed at Perth this 8th day of April 2004.

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER

SALARIES AND ALLOWANCES TRIBUNAL

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FOURTH SCHEDULE: DIRECTOR OF PUBLIC PROSECUTIONS

Pursuant to Section 6(1)(e) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines that the holder of the office of Director of Public Prosecutions is entitled to the salary and allowances payable from time to time to a Puisne Judge of the Supreme Court of Western Australia.

The holder of the office is entitled to a motor vehicle of the type provided to a Puisne Judge.

Signed at Perth this 8th day of April 2004.

Professor M C Wood J A S Mews M L Nadebaum
CHAIRMAN MEMBER MEMBER
SALARIES AND ALLOWANCES TRIBUNAL

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FIFTH SCHEDULE: CLERKS OF THE PARLIAMENT

Pursuant to Section 6(1)(c) of the Salaries and Allowances Act 1975 the Salaries and Allowances Tribunal determines the salaries to be paid to the holders of the offices listed below shall be as follows with effect from 1 May 2004:

Clerk of the Legislative Council $125,389
Deputy Clerk of the Legislative Council $95,506
Clerk of the Legislative Assembly $125,389
Deputy Clerk of the Legislative Assembly $95,506
 

The salaries are inclusive of Annual Leave Loading.

The holders of these offices are also entitled to the supply of a fully maintained motor vehicle for business and private use.

Signed at Perth this 8th day of April 2004.

Professor M C Wood J A S Mews M L Nadebaum
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.