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CLAUSE NOTES
Crown Employees (Salaries) Bill 2014
PART 1 PRELIMINARY
Clause 1: Short Title
Clause 2: Commencement on a day to be proclaimed.
Clause 3: Interpretation of words used in the Bill. It includes the
principle definitions of:-
`crown employee' which means a person
appointed under the State Service Act, Police
Service Act, Parliamentary Privilege Act,
Governor of Tasmania Act or by Crown
Prerogative.
`regulations' means as described in Part 5 of this
Bill.
`salaries' which means salary and salary related
allowances in awards, agreements or other
instruments or such other arrangements as may
be prescribed in regulations to which the crown
employee is entitled.
`salary progression increments' which means the
various entitlements within a classification by
which a crown employee may receive salary
advancement.
PART 2 SALARY PAUSE
Clause 4: Defines salary as it relates to Part 2
Clause 5: Provides for a Salary Pause to apply to Crown
employees for a period of twelve months and
establishes the commencement date of the pause for
Crown employees under each award, agreement or
instrument of appointment current in place, as set out
in Schedule 1
The clause provides that salary progression increments
are deferred for Crown employees who were
employed before the commencement of this Act for a
period of 12 months from the date on which they
were due to be paid.
The clause also provides for crown employees, to
whom the specified awards or agreements, which are
the subject of applications presently awaiting
determination or finalisation by the Tasmanian
Industrial Commission set out in Schedule 2, apply.
By virtue of this clause, once the matter has
determined or finalised the specified award or
agreement, any salary increase will take effect. Future
salary increases will be paused commencing from the
day after the date the determination takes effect.
Clause 6: Provides that to the extent of any inconsistency, the
salary pause and deferral of salary progression
increments prevails over industrial agreements,
awards, determinations or instruments of
appointment, contracts of employment and any other
employment arrangements for Crown employees in
place before or made after the commencement of
Part 2 of the Bill.
PART 3 SALARY INCREASES
Clause 7: Provides that following the salary pause, future salary
increases will be indexed at 2 per cent per annum or
as otherwise prescribed by regulation. It also provides
for the regulations to specify the date in which the
salary increase takes effect.
Clause 8: Provides that to the extent of any inconsistency, the
salary increases in section 7 prevails over any industrial
agreements, awards, determinations or instruments of
appointment, contracts of employment and any other
employment arrangements for Crown employees in
place before or made after the commencement of
Part 3 of the Bill.
PART 4 INDUSTRIAL RELATIONS ACT 1984
AMENDED
Clause 9: Provides that the Principal Act for Part 4 is the
Industrial Relations Act 1984.
Clause 10: Amends Division 2 of the Principal Act to insert a new
section 20A. The new section requires the Tasmanian
Industrial Commission, in the performance of its
functions or exercise of its powers to give effect to
the salary pause, including deferment of salary
progression increments, and future annual salary
increases for Crown employees provided in this Bill or
by way of regulations, for any decisions or
determinations made by the Tasmanian Industrial
Commission made on or after 28 August 2014.
PART 5 MISCELLANEOUS
Clause 11: Provides for the Governor to make regulations for the
purposes of the Act. The regulations may provide for
salary increases for Crown employees and override
provisions of the Industrial Relations Act 1984.
Salary increases may be applied differently in particular
circumstances.
Clause 13: Provides for the Act to be administered by the
Treasurer and the Department of Premier and
Cabinet.
SCHEDULE 1 SALARY INCREASES
Schedule 1: The Schedule contains a list of awards, industrial
agreements and instruments of appointment to which
the Bill applies and the date the Salary Pause ends and
the salary increases commence.
SCHEDULE 2 MATTERS
Schedule 2: The Schedule specifies matters that relate to
applications made to the Tasmanian Industrial
Commission prior to 28 August 2014 relating to
certain nurses, paramedics and salaried medical
practitioners that will be permitted to stand,
However, any salary increases will be paused for
twelve months from the date they were due.