16General provisions as to
determinations
(1)
In making a determination, the Tribunal may
determine:
(a)
that any class or kind of remuneration shall be
at rates the same as or higher or lower than those at which it was payable
immediately before the determination comes into force,
(b)
that any class or kind of allowance payable
immediately before the determination came into force shall:
(i)
be payable to office holders or any of them or
any class of them who or which are or is not in receipt of an allowance of
that class or kind immediately before the determination comes into
force,
(ii)
be not payable to office holders or any of them
or any class of them who or which are or is in receipt of an allowance of that
class or kind immediately before the determination comes into
force,
(iii)
cease to be payable, or
(iv)
be replaced by an allowance of some other class
or kind, or
(c)
that, in addition to any class or kind of
remuneration payable at the time the determination is made, an allowance of
some additional class or kind shall be payable to office holders or any of
them or any class of them.
(1A)
A determination by the Tribunal of the
remuneration to be paid to an office holder who is an officer in the Public
Service may not be less than the maximum salary, at the time of the
determination, for a clerk (grade 12) in the Public
Service.
(2)
The Tribunal may, in a determination, make
provision for the application, in such manner as the Tribunal thinks fit, of
any wages decision that may be made after the date of the determination, but
before the end of the period in which the determination has effect, to the
remuneration to be paid to office holders or any of them or any class of
them.
(3)
The Tribunal may make a determination that
applies in relation to an office specified in Schedule 1, 2 or 3
notwithstanding that:
(a)
no person holds the office for the time being,
or
(b)
the person who holds the office for the time
being is not entitled to be paid remuneration under this
Act.
(4)
The Tribunal may make a determination that does
not apply in relation to an office specified in Schedule 1, 2 or 3 if:
(a)
no person holds the office for the time being,
or
(b)
the person who holds the office for the time
being is not entitled to be paid remuneration under this
Act.
(5)
The Tribunal may, in a determination that applies
in relation to an office specified in Schedule 2 or 3, provide that a special
allowance (whether or not in addition to any other allowance) is payable only
to the holder of the office who is named in the
determination.
(6)
A determination may be made so as to apply
differently as between two or more persons holding the same office, being an
office specified in Schedule 2 or 3 but not Schedule 1.
(7)
A reference in this section to an office
specified in Schedule 2 includes a reference to an office specified in
Schedule 1 to the Public Service Act
1979.
s 16: Am 1979 No 94,
Sch 1 (3); 1989 No 104, Sch 2 (8).