Step 1: Employer submits a Request for Advice
The Tribunal has identified the minimum information that it considers necessary to provide its advice under the VIRTIPS Act.
Requests for advice should include a clear, logical and concise analysis and relevant data and evidence to support the proposed remuneration but need not be lengthy or complex.
The information to be provided to the Tribunal comprises:
- information about the executive position, including the proposed remuneration (expressed as the Total Remuneration Package or TRP)
- mandatory information, including a current position description, a work value assessment against that position description, the proposed executive's resume and an organisational chart (showing the proposed executive's manager, direct reports and their TRP arrangements)
- an assessment against the Tribunal’s Guiding Principles:
- Guiding Principle 1 – There are significant market pressures on the position meaning that a more competitive remuneration offering is required.
- Guiding Principle 2 – There will be a significant impact on the prescribed public service’s business if the individual or executive position is not remunerated according to the request.
- Guiding Principle 3 – There is evidence that a recruitment process failed to attract candidates with the required skills and/or qualifications at a remuneration range within the relevant band.
- Guiding Principle 4 – Any other reasons underpinning the proposal which a public service employer may consider relevant
- any other supporting information, such as:
- the recruitment process and outcome, including the advertising or search strategy, the use (if any) of external recruitment consultants and information on the applicants for the position (number received/shortlisted/interviewed, remuneration expectations, etc.)
- independent remuneration reports
- information from other relevant competitive recruitment processes
- objective reports about relevant market pressures or skills shortages
- evidence of a genuine flight risk of a particular executive
The Tribunal is not able to assess and provide advice on a request unless all relevant information — including the mandatory information — is provided.
Request for Advice forms
Requests to the Tribunal should be made using the appropriate Request for Advice form, which is designed to be filled in electronically and emailed to the Tribunal.
Form A should be completed where the executive is not known, such as for a new appointment where the proposed executive is yet to be identified.
- This enables employers to consider the Tribunal’s advice prior to undertaking a recruitment process.
- Once a preferred candidate is identified, the Tribunal’s advice is not required again before appointing the executive, provided the executive is remunerated equal to or less than the TRP (or TRP range) advised by the Tribunal for the position.
- The Tribunal will generally state how long the advice for an executive position will remain current, which will typically be for 12 months. If the executive position is not filled within that time, then the employer must seek new advice from the Tribunal.
Form B should be completed where the executive is known, such as for a new appointment where the proposed executive has been identified, a reappointment, or a mid-contract remuneration review.
Notice to executives
An employer must ensure that the executive or proposed executive receives, completes and signs Section 6 of the Request for Advice, which gives the executive notice about the intended uses and disclosures of their personal information, and seeks their consent to disclose this information.
The executive’s consent is not required under the VIRTIPS Act. However, the executive must acknowledge that they have read and understood the Tribunal’s notice about the intended disclosure of their personal information before the form is lodged with the Tribunal.
Annual adjustment guideline rate
The Tribunal has developed a streamlined approach for providing its advice when the only proposed change to an executive’s remuneration is to pass on the annual adjustment guideline rate approved by the Premier.
Step 2: Tribunal considers Request for Advice
The Tribunal assesses the proposed remuneration based on the rationale against the Guiding Principles and the relevant supporting evidence provided in the Request for Advice. The Tribunal may also consider relevant benchmarking data held by the Tribunal’s Secretariat and/or seek further information from independent sources.
Step 3: Tribunal provides advice
The Tribunal provides its advice by way of a letter emailed to the employer and copied to the relevant contact officer named on the Request for Advice.
Under the VIRTIPS Act, the Tribunal must provide its advice within a reasonable time. Generally, the Tribunal aims to provide advice within 10 working days of receipt of a complete request, depending on whether additional information/clarification is needed from the employer to assess the request.
Reviewed 16 January 2023