Commonwealth Numbered Regulations - Explanatory Statements

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REMUNERATION TRIBUNAL (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)1997 NO. 418

Statutory Rules 1997 No. 418

(Issued by authority of the Minister for Workplace Relations and Small Business)

Remuneration Tribunal Act 1973

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)

The Public Employment Placement Enterprise Limited (PEPEL) has been established as the new public provider of employment services. It is intended that PEPEL will compete with private and community sector organisations.

The Government determined that PEPEL will be established as a Government Business Enterprise in accordance with the Accountability and Ministerial Oversight Arrangements for Government Business Enterprises. It is appropriate therefore that the Board of PEPEL be ultimately responsible for determining the remuneration package for its Managing Director.

Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 5(2) of the Act provides that one of the functions of the Remuneration Tribunal is to provide advice to government business enter-prises in relation to terms and conditions (including remuneration and allowances) on which 'principal executive offices' are held.

Paragraph 3(4)(ra) of the Act enables an office to be declared by the regulations to be a ' principal executive office'. These offices are declared by the Remuneration Tribunal (Miscellaneous Provisions) Regulations (the Regulations) in Schedule 1 to the Regulations.

It was necessary to prescribe the position of Managing Director of PEPEL as a 'principal executive office' for the purposes of paragraph 3(4)(ra) of the Act, so the remuneration package of that office can be determined by the Board in consultation with the Tribunal.

The regulation amends Schedule 1 to the Remuneration Tribunal (Miscellaneous Provisions) Regulations to include the office of 'Managing Director, Public Employment Placement Enterprise Limited' as a 'principal executive office', for the purpose of enabling the Remuneration Tribunal to advise on the remuneration package for the office.

The regulation will commence on the date of gazettal.