4.4.1 Within band adjustments
The Secretary or head of separate agency may approve within band remuneration adjustments – for a particular senior executive role or group of senior executive roles - subject to verifiable market based evidence to support an increase to remuneration.
Within the band adjustment for a particular senior executive role or group of senior executive roles can occur outside of the agency’s performance management system and can be either:
- within the applicable discretionary remuneration range
- outside the applicable discretionary remuneration range, up to the maximum of the band.
Verifiable market based evidence should consist of an independent assessment of market remuneration. The verifiable market remuneration evidence should include, but need not be limited to, available market data for like roles (with equivalent work value point scores, where known) in employment sectors comparable to the NSW Public Service. The submission to the Secretary or head of a separate agency recommending the approval of a within band adjustment should demonstrate the market evidence.
The Secretary or head of the separate agency should consider the impact any recommended increase will have on the reporting of average remuneration of senior executive within a band for their Department or agency when making a decision to approve an adjustment in remuneration within the band (see Part 5 for further information).
When a senior executive role is advertised or other recruitment action undertaken, the Secretary or head of separate agency should decide on the need for higher remuneration based on the following three factors:
- verifiable market remuneration evidence
- the strength of the preferred candidate
- clear evidence of lack of alternative suitable candidates from the field.
For existing executives, within band adjustments should only occur where there has been a change in the labour market in relation to a particular senior executive role. Under these circumstances progression within the role’s discretionary remuneration range or above the discretionary range may be used as mechanism to retain the senior executive.
4.4.2 Above band adjustments
Remuneration above the range for a band must be in accordance with a determination by the SOORT, pursuant to a special determination under section 24P or as provided for in the annual determination under section 24O of the SOOR Act. The Premier must direct the SOORT to make an above band determination.
The Secretary or the head of a separate agency should seek a SOORT determination only where there is clear market based evidence to support the application for such a determination and in line with guidance issued by the Public Service Commission.
The determination would be made in accordance with the provisions of 24R (3) for one of the following:
- a particular senior executive named in the determination (s24R (3) (a))
- a particular role, office or position specified in the determination (24R (3) (b))
- a particular class of senior executives specified in the determination (s24R (3) (c))
The SOORT determination should be sought prior to advertising or other recruitment action commencing for the senior executive role. However, in exceptional circumstances a SOORT determination can be sought during the recruitment process but prior to employment.
If the determination is sought prior to advertising or other recruitment action the determination can be made under either s24R (3) (b) or (c). If the determination is to be made following the identification of the successful candidate it should be made under section 24R(a). It should be noted that a special determination for a named senior executive is a determination that is personal to that executive and is not a determination that applies to the office or role concerned or to other individuals who may have that role or office in the future.