I, Angelene Falk, Australian Information Commissioner of the Office of the Australian Information Commissioner, make the following determination.

Dated: 18 March 2022

Signed:

[Signed]

Angelene Falk
Australian Information Commissioner

1. Name

This determination is the OAIC Remuneration Determination 2022.

2. Commencement

This determination commences on the date it is signed.

3. Authority

This determination is made under section 24(1) of the Public Service Act 1999.

4. Application

This determination applies to non‑SES and equivalent employees employed in the Office of the Australian Information Commissioner (OAIC) under the Public Service Act 1999 who are covered by the Enterprise Agreement..

5. Definitions

In this determination:

‘Enterprise Agreement’ means the enterprise agreement approved by the Fair Work Commission on 5 May 2016 and known as the Office of the Australian Information Commissioner Enterprise Agreement 2016–2019.

‘WPI adjustment percentage’ means the figure advised by the Australian Public Service Commission to be the year-to-date percentage change in the Wage Price Index for the private sector from the most recently released June quarter. The WPI adjustment percentage at a point in time applies to adjustments to be made under the instrument from 1 September in a calendar year to 31 August in the following calendar year.

6. Purpose

The purpose of this determination is to provide employees with adjustments to their existing salaries and allowances for which they are eligible under the terms of the Enterprise Agreement.

7. Period of operation

This determination is in force for the period:

  1. beginning at the start of the day this determination commences; and
  2. ending at the earlier of the following:
    1. the start of the day that an enterprise agreement made in accordance with the Fair Work Act 2009 that covers the employees and replaces the Enterprise Agreement commences operation;
    2. the start of the day that another determination under section 24(1) of the Public Service Act 1999 that applies to the employees and expressly revokes this determination comes into force.

8. First annual adjustment of salary and allowances

1 Employees’ salaries are adjusted by 1.9%, with effect on 13 May 2022.

2 The adjustment is to be calculated based on the salary immediately before the adjustment.

3 All employees covered by this determination will receive the salary adjustment in subsection (1), except where an employee’s salary is above the maximum of the relevant salary range and the Australian Information Commissioner has specified that the employee will be maintained on that salary until such time as the salary differential is absorbed by the OAIC’s salary increases.

4 First Aid Officer, Health and Safety Representative, Fire Warden and Harassment Contact Officer allowances are adjusted by the same percentage as salaries, with effect on 13 May 2022.

5 Each adjustment of an allowance is to be calculated based on the allowance immediately before the adjustment under subsection (4).

6 Schedule 1 has effect.

9. Second annual adjustment of salary and allowances

1 Employees’ salaries are adjusted by the WPI adjustment percentage with effect on 13 May 2023.

Note: The tables in Schedule 1 will be changed by an amending determination once the amount of the WPI adjustment percentage is advised by the Australian Public Service Commission.

2 The adjustment is to be calculated based on the salary immediately before the adjustment.

3 All employees covered by this determination will receive the salary adjustment in subsection (1), except where an employee’s salary is above the maximum of the relevant salary range and the Australian Information Commissioner has specified that the employee will be maintained on that salary until such time as the salary differential is absorbed by the OAIC’s salary increases.

4 First Aid Officer, Health and Safety Representative, Fire Warden and Harassment Contact Officer allowances are adjusted by the same percentage as salaries, with effect on 13 May 2023.

5 Each adjustment of an allowance is to be calculated based on the allowance immediately before the adjustment under subsection (4).

10. Third annual adjustment of salary and allowances

1 Employees’ salaries are to be adjusted by the WPI adjustment percentage, with effect on 13 May 2024.

Note: The tables in Schedule 1 will be changed by an amending determination once the amount of the WPI adjustment percentage is advised by the Australian Public Service Commission.

2 The adjustment is to be calculated based on the salary immediately before the adjustment.

3 All employees covered by this determination will receive the salary adjustment in subsection (1), except where an employee’s salary is above the maximum of the relevant salary range and the Australian Information Commissioner has specified that the employee will be maintained on that salary until such time as the salary differential is absorbed by the OAIC’s salary increases.

4 First Aid Officer, Health and Safety Representative, Fire Warden and Harassment Contact Officer allowances are adjusted by the same percentage as salaries, with effect on 13 May 2024.

5 Each adjustment of an allowance is to be calculated based on the allowance immediately before the adjustment under subsection (4).

11. Revocation of previous instrument

The Public Service (Office of the Australian Information Commissioner Non-SES Employees) Determination 2019 is revoked, with effect on 13 May 2022.

Schedule 1 — Salaries and allowances

Note: See section 8(6).

1 Salaries

Table A—Salaries payable under this determination
Column 1 Classification Column 2
Pay points
Column 3 Salary
at 12 May 2022 (predetermination)
Column 4 Salary
on 13 May 2022
Column 5 Salary
on 13 May 2023
Column 6 Salary
on 13 May 2024

APS Level 1

APS1.1
APS1.2
APS1.3
APS1.4

$46,940
$48,517
$49,830
$53,223

$47,831
$49,438
$50,776
$54,234

  

APS Level 2

APS2.1
APS2.2
APS2.3
APS2.4

$54,584
$56,017
$57,474
$58,911

$55,621
$57,081
$58,566
$60,030

  

APS Level 3

APS3.1
APS3.2
APS3.3
APS3.4

$60,509
$62,080
$63,657
$65,307

$61,658
$63,259
$64,866
$66,547

  

APS Level 4

APS4.1
APS4.2
APS4.3
APS4.4

$69,583
$71,005
$72,458
$73,935

$70,905
$72,354
$73,834
$75,339

  

APS Level 5

APS5.1
APS5.2
APS5.3
APS5.4

$77,575
$79,033
$80,519
$82,011

$79,048
$80,534
$82,048
$83,569

  

APS Level 6

APS6.1
APS6.2
APS6.3
APS6.4

$85,541
$88,330
$91,210
$94,197

$87,166
$90,008
$92,942
$95,986

  

Executive Level 1

EL1.1
EL1.2
EL1.3
EL1.4

$107,804
$110,251
$112,754
$115,318

$109,852
$112,345
$114,896
$117,509

  

Executive Level 2

EL2.1
EL2.2
EL2.3
EL2.4

$125,218
$130,853
$136,742
$142,904

$127,597
$133,339
$139,340
$145,619

  

Note: Amending determinations will update columns 5 and 6 once the amount of the WPI adjustment percentage is advised by the Australian Public Service Commission.

2 Allowances

Table B—Allowances payable under this determination
Column 1 Name of allowance Column 2 Rate of allowance
at 12 May 2022 (predetermination)
Column 3 Rate of allowance
on 13 May 2022
Column 4 Rate of allowance
on 13 May 2023
Column 5 Rate of allowance
on 13 May 2024

First Aid Officer

$33.70

$34.34

  

Health and Safety Representative

$33.70

$34.34

  

Fire Warden

$33.70

$34.34

  

Harassment Contact Officer

$33.70

$34.34

  
Note: Amending determinations will update columns 4 and 5 once the amount of the WPI adjustment