Proposals to pay a public entity executive above the remuneration band

If a public entity employer proposes to pay an executive above the relevant remuneration band set by the Tribunal’s Determination, they must request and consider the Tribunal's advice.

Requesting advice for a public entity executive

How to request advice

To request the Tribunal’s advice on a proposal to pay an executive above the relevant remuneration band set by the Tribunal, an employer must complete an application form.

There are different forms for:

The forms require an employer to provide:

  • information about the executive position and proposed remuneration
  • an assessment against the following Guiding Principles used by the Tribunal to assess the proposed remuneration plus any relevant supporting information:
    • 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 entity’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 prescribed public entity employer may consider relevant.
  • mandatory information and attachments, including a current position description and work value assessment.

Guide to requesting the Tribunal’s advice

This Guide further explains the process for seeking the Tribunal’s advice, including what to include in the Request for Advice forms.

Read the Guide

Advice is required when passing on the guideline rate

Employers are required to request the Tribunal’s advice when passing on the annual adjustment guideline rate would result in an executive being paid (or continuing to be paid) above the relevant remuneration band.

Please email for further information on requesting the Tribunal’s advice.

Advice is not required in certain circumstances

Employers are not required to request the Tribunal’s advice in certain circumstances when this would result in an executive being paid (or continuing to be paid) above the relevant remuneration band.

These are:

  • adjusting an executive’s superannuation benefits to comply with the Superannuation Guarantee (Administration) Act 1992 (Cth)
  • where an executive has been reclassified to a lower classification under the Victorian Public Entity Executive Classification Framework during their current contractual term.

Further information is in the Guide.

Published advice

To support greater transparency, accountability and evidence-based decision-making the Tribunal publishes the advice provided to employers on this website, where appropriate.

The Tribunal publishes advice provided to employers following the making of the Tribunal’s first Determination for public entity executives in December 2020 (2020 Determination).

The Tribunal does not publish its advice for executives employed and paid above the band when the 2020 Determination was made, or where the payment above the band only reflects the annual adjustment guideline rate announced by the Premier. These factors account for the discrepancy in the sequence of advice numbers.

The Tribunal’s advice has been de-identified in line with the Tribunal’s Privacy Policy.

Further information on the Tribunal’s approach to the publication of its advice is detailed in the Guide.