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This is a Bill, not an Act. For current law, see the Acts databases.


CROWN EMPLOYEES (SALARIES) BILL 2014 BILL 22 OF 2014

                                       TASMANIA

                                       __________


                CROWN EMPLOYEES (SALARIES) BILL 2014
                                       __________

                                       CONTENTS
       PART 1 - PRELIMINARY
          1.      Short title
          2.      Commencement
          3.      Interpretation

       PART 2 - SALARY PAUSE
          4.      Interpretation: Part 2
          5.      Salary Pause
          6.      Salary Pause to override agreements, &c.

       PART 3 - SALARY INCREASES
          7.      Increases in salary for Crown employees
          8.      Increases in salary to override agreements, &c.

       PART 4 - INDUSTRIAL RELATIONS ACT 1984 AMENDED
          9.      Principal Act
          10.     Section 20A inserted
                    20A.     Commission to give effect to Salary Pause and salary
                             increases for Crown employees

       PART 5 - MISCELLANEOUS
          11.     Regulations
          12.     Administration of Act

[Bill 22]-XI

 


 

SCHEDULE 1 - CROWN EMPLOYEES' AWARDS &C. SCHEDULE 2 - MATTERS 2

 


 

CROWN EMPLOYEES (SALARIES) BILL 2014 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. P. R. ALCOCK, Clerk of the House 18 September 2014 (Brought in by the Treasurer, the Honourable Peter Carl Gutwein) A BILL FOR An Act to give effect to Government policy on the salary of Crown employees, to amend the Industrial Relations Act 1984 and for related purposes Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - PRELIMINARY 1. Short title This Act may be cited as the Crown Employees (Salaries) Act 2014. 2. Commencement This Act commences on a day to be proclaimed. [Bill 22] 3

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 3 Part 1 - Preliminary 3. Interpretation In this Act, unless the contrary intention appears - award has the same meaning as in the Industrial Relations Act 1984; Crown employee means a person appointed or employed under or pursuant to - (a) the State Service Act 2000; or (b) the Police Service Act 2003; or (c) the Parliamentary Privilege Act 1898; or (d) the Governor of Tasmania Act 1982; or (e) the Crown Prerogative; determination means any order, determination or other decision made by the Tasmanian Industrial Commission under the Industrial Relations Act 1984 and includes any other matter or thing prescribed by the regulations; industrial agreement has the same meaning as in the Industrial Relations Act 1984; regulations means the regulations made under this Act; salary means salary and salary-related allowances specified in an award, 4

 


 

Crown Employees (Salaries) Act 2014 Act No. of Part 1 - Preliminary s. 3 industrial agreement or instrument of appointment, or such other arrangement as may be prescribed by the regulations, to which a Crown employee is entitled; salary progression increments means increments, salary progressions, performance payments, advancement assessment points, years of service progressions, accelerated advancements and qualification-based progressions, within a classification specified in an award, industrial agreement, or instrument of appointment, to which a Crown employee is entitled on or after the commencement of this Act. 5

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 4 Part 2 - Salary Pause PART 2 - SALARY PAUSE 4. Interpretation: Part 2 In this Part - salary means salary and salary-related allowances specified in an award, industrial agreement or instrument of appointment, or such other arrangement as may be prescribed by the regulations - (a) to which a person who was a Crown employee immediately before the commencement of this Act was entitled immediately before that commencement; or (b) to which a person who becomes a Crown employee on or after the commencement of this Act is entitled on becoming a Crown employee. 5. Salary Pause (1) There is to be a Salary Pause. (2) The Salary Pause applies on the following terms: (a) for a period of 12 months, there is to be no increase in salary for - (i) Crown employees to whom the awards or industrial agreements, 6

 


 

Crown Employees (Salaries) Act 2014 Act No. of Part 2 - Salary Pause s. 5 specified in column 1 of Parts 1 and 2 of Schedule 1, and the instruments of appointment, specified in column 1 of Part 3 of that Schedule, apply; and (ii) Crown employees specified in column 1 of Part 4 of that Schedule; (b) the period specified in paragraph (a) commences on the day specified in column 2 of Schedule 1 - (i) with respect to Crown employees to whom the awards or industrial agreements, specified in column 1 of Parts 1 and 2 of Schedule 1, and the instruments of appointment, specified in column 1 of Part 3 of that Schedule, apply; and (ii) with respect to Crown employees specified in column 1 of Part 4 of that Schedule; (c) any salary progression increments that apply to a person who, immediately before the commencement of this Act, is a- (i) Crown employee to whom the awards or industrial agreements, specified in column 1 of Parts 1 and 2 of Schedule 1, and the instruments of appointment, 7

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 6 Part 2 - Salary Pause specified in column 1 of Part 3 of that Schedule, apply; and (ii) Crown employee specified in column 1 of Part 4 of that Schedule - are deferred for a period of 12 months from the date on which they were due to be paid. (3) Notwithstanding subsection (2)(b), the period specified in subsection (2)(a) - (a) commences on the day after the date on which a final determination in respect of the matters specified in column 1 of Schedule 2 takes effect; and (b) applies with respect to Crown employees specified in column 3 of Schedule 2 to whom the awards or industrial agreements specified in that Schedule apply. 6. Salary Pause to override agreements, &c. (1) The Salary Pause takes effect in accordance with section 5 notwithstanding anything to the contrary in - (a) any industrial agreements and awards; and (b) any instruments of appointment, contracts of employment or other 8

 


 

Crown Employees (Salaries) Act 2014 Act No. of Part 2 - Salary Pause s. 6 arrangements under which Crown employees are employed; and (c) any determinations. (2) Subsection (1) applies to determinations, industrial agreements or awards, or any instruments of appointment, contracts of employment or other arrangements under which Crown employees are employed, that are - (a) in force immediately before the commencement of this Act; or (b) made or entered into on or after the commencement of this Act. 9

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 7 Part 3 - Salary Increases PART 3 - SALARY INCREASES 7. Increases in salary for Crown employees (1) Increases in salary for Crown employees are - (a) not to be greater or less than 2% per annum; or (b) as are prescribed by the regulations. (2) The first of the increases referred to in subsection (1)(a) applies on and from the date specified in column 3 of Schedule 1 - (a) with respect to Crown employees to whom the awards or industrial agreements, specified in column 1 of Parts 1 and 2 of Schedule 1, and the instruments of appointment, specified in column 1 of Part 3 of that Schedule, apply; and (b) with respect to Crown employees specified in column 1 of Part 4 of that Schedule - and then applies annually from the date specified in column 3 of Schedule 1. (3) The regulations referred to in subsection (1)(b) may specify the date on which the increase in salary specified in the regulations takes effect in relation to the Crown employees specified in subsection (2). 10

 


 

Crown Employees (Salaries) Act 2014 Act No. of Part 3 - Salary Increases s. 8 8. Increases in salary to override agreements, &c. (1) The increases in salary referred to in section 7 take effect notwithstanding anything to the contrary in - (a) any industrial agreements or awards; or (b) any instruments of appointment, contracts of employment or other arrangements under which Crown employees are employed; or (c) any determinations. (2) Subsection (1) applies to determinations, industrial agreements or awards, or any instruments of appointment, contracts of employment or other arrangements under which Crown employees are employed - (a) in force immediately before the commencement of this Act; or (b) made or entered into on or after the commencement of this Act. 11

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 9 Part 4 - Industrial Relations Act 1984 Amended PART 4 - INDUSTRIAL RELATIONS ACT 1984 AMENDED 9. Principal Act In this Part, the Industrial Relations Act 1984* is referred to as the Principal Act. 10. Section 20A inserted After section 20 of the Principal Act, the following section is inserted in Division 2: 20A. Commission to give effect to Salary Pause and salary increases for Crown employees (1) The Commission must, in the performance or exercise of its functions or powers, give effect to - (a) the Salary Pause referred to in Part 2 of the Crown Employees (Salaries) Act 2014; and (b) the increases in salary referred to in Part 3 of that Act. (2) A determination, industrial agreement or award made or varied by the Commission on or after 28 August 2014 does not have effect to the extent that it is inconsistent with the obligation of the Commission under subsection (1). *No. 21 of 1984 12

 


 

Crown Employees (Salaries) Act 2014 Act No. of Part 5 - Miscellaneous s. 11 PART 5 - MISCELLANEOUS 11. Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting subsection (1), the regulations may provide for increases in salary of Crown employees. (3) The regulations may restrict the performance and exercise of the functions and powers of the Tasmanian Industrial Commission under the Industrial Relations Act 1984 and may override any provisions of that Act in the manner specified in the regulations. (4) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations. (5) The regulations may apply - (a) to a Crown employee individually or to Crown employees generally or to a specified class, or specified classes, of Crown employees; and (b) generally or in a particular case or class of cases or in particular cases or classes of cases; and (c) at all times or at a specified time or at specified times. 13

 


 

Crown Employees (Salaries) Act 2014 Act No. of s. 12 Part 5 - Miscellaneous 12. Administration of Act Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 - (a) the administration of this Act is assigned to the Treasurer; and (b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Premier and Cabinet. 14

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 SCHEDULE 1 - CROWN EMPLOYEES' AWARDS &C. Sections 5 and 7 PART 1 - AWARDS AND INDUSTRIAL AGREEMENTS - STATE SERVICE Column 1 Column 2 Column 3 Allied Health Professionals (Tasmanian 30 November 2014 1 December 2015 State Service) Agreement 2014 Ambulance Service Award 30 November 2014 1 December 2015 Ambulance Tasmania Agreement 2013 30 November 2014 1 December 2015 AWU Public Sector Unions Wages 30 November 2014 1 December 2015 Agreement 2013 AWU (Tasmanian State Sector) Award 30 November 2014 1 December 2015 Correctional Officers Agreement 2013 30 November 2014 1 December 2015 Education Facility Attendant Salaries and 30 November 2014 1 December 2015 Conditions of Employment Industrial Agreement 2013 Health and Human Services (Tasmanian 30 November 2014 1 December 2015 State Service) Award Legal Practitioners Agreement 2014 30 June 2015 1 July 2016 Medical Practitioner (Public Sector) Award See section 5(3) 12 months from the day after the date on which the final determination in respect of the Tasmanian Industrial Commission matter T14112 of 2013 takes effect Ministerial Drivers Industrial Agreement 3 December 2014 4 December 2015 2014 15

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 Column 1 Column 2 Column 3 Nurses and Midwives Tasmanian State 30 November 2014 1 December 2015 Service Interim Agreement 2013 Port Arthur Historic Site Management 30 November 2014 1 December 2015 Authority Award Port Arthur Historic Site Management 30 November 2014 1 December 2015 Authority Staff Agreement 2014 Public Sector Unions Wages Agreement 30 November 2014 1 December 2015 2013 Public Sector Unions Wages Agreement 30 November 2014 1 December 2015 2013 Extension Radiation Therapists (State Service) Union 30 November 2014 1 December 2015 Agreement 2013 Rural Medical Practitioners (Public Sector) 30 June 2015 1 July 2016 Agreement 2011-2014 Salaried Medical Practitioners (AMA See section 5(3) 12 months from the Tasmania/DHHS) Agreement 2009 day after the date on which the final determination in respect of the Tasmanian Industrial Commission matter T14112 of 2013 takes effect Tasmanian Fire Fighting Industry 30 November 2014 1 December 2015 Employees' Industrial Agreement 2013 Tasmania Fire Service (TasFire Equipment) 30 November 2014 1 December 2015 Industrial Agreement 2013 Tasmanian State Service Award 30 November 2014 1 December 2015 Tasmanian Visiting Medical Practitioners 30 November 2014 1 December 2015 (Public Sector) Agreement 2013 TasTAFE Teaching Staff Award 28 February 2015 1 March 2016 16

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 Column 1 Column 2 Column 3 TasTAFE Teaching Staff Industrial 28 February 2015 1 March 2016 Agreement 2014 Teaching Service (Tasmanian Public 28 February 2015 1 March 2016 Sector) Award Teaching Service (Tasmanian Public 28 February 2015 1 March 2016 Service) Principals Agreement 2013 Teaching Service Salaries and Conditions of 28 February 2015 1 March 2016 Employment Agreement 2014 The Department of Infrastructure, Energy 30 March 2015 31 March 2016 and Resources (DIER) Engineers Industrial Agreement 2014 17

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 PART 2 - AWARDS AND INDUSTRIAL AGREEMENTS - NON-STATE SERVICE Column 1 Column 2 Column 3 Governor of Tasmania Staff Enterprise 30 November 2014 1 December 2015 Agreement 2012 House of Assembly Staff Industrial 30 November 2014 1 December 2015 Agreement 2009 Legislative Council Staff Agreement 2009 30 November 2014 1 December 2015 Legislature-General Staff Industrial 30 November 2014 1 December 2015 Agreement 2009 Police Award 30 November 2014 1 December 2015 18

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 PART 3 - INSTRUMENTS OF APPOINTMENT Column 1 Column 2 Column 3 Instruments of appointment made under 30 June 2014 1 July 2015 section 31 of the State Service Act 2000 Instruments of appointment made under the 30 November 2014 1 December 2015 Police Service Act 2003, Parliamentary Privilege Act 1898 or Governor of Tasmania Act 1982 or under the Crown Prerogative 19

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 1 PART 4 - OTHER CROWN EMPLOYEES Column 1 Column 2 Column 3 Any Crown employee not specified in 30 November 2014 1 December 2015 Part 1, 2 or 3 20

 


 

Crown Employees (Salaries) Act 2014 Act No. of sch. 2 SCHEDULE 2 - MATTERS Section 5(3) Column 1 Column 2 Column 3 Tasmanian Industrial Award/Agreement Applies to Commission Reference T14097 of 2013 Nurses and Midwives Child and Family T14214 of 2014 Tasmanian State Service Health Nurses - Interim Agreement 2013 Home visitor T14020 of 2013 Tasmanian Ambulance Paramedics Service Award T14112 of 2013 Medical Practitioner (Public Salaried Medical Sector) Award Practitioners Government Printer, Tasmania 21

 


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