find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Lawyers speculate over executive pay

Lawyers speculate over executive pay

The proposed changes to executive remuneration laws took a step forward this week with the Productivity Commission releasing a draft report into the changes. _x000D_

THE proposed changes to executive remuneration laws took a step forward this week with the Productivity Commission releasing a draft report into the changes. 

A leading lawyer has warned the newly released discussion draft is likley to see further regulation via amendments to the Corporations Act as well as the ASX listing rules. 

Paul Quinn, executive partner at Allens Arthur Robinson in Melbourne, who heads up the corporate practice, said however that the recommendations are not likely to trigger amendments to the bill, which is in the second reading stage in the Senate. 

Company boards and directors are now being warned to study up on the Discussion Draft on Executive Remuneration.

The draft report proposes 15 key reforms to address the accountability of boards, conflicts of interest and shareholder engagement on remuneration.

The inquiry's chairman, Gary Banks, observed that on the evidence, the strong growth in executive pay has had much to do with the growth and global reach of Australian companies themselves. “But there have also been episodes of excess and poor pay practices”.

Despite speculation that they would impose a salary cap for directors, Banks said the commission concluded that they would be unworkable and have harmful economic impacts.

Quinn said the draft did not find any general system failure in pay settings. 

“However it did make recommendation for further regulatory and corporate governance reforms, really aimed to strengthen the integrity of pay settings by boards, and for boards to engage effectively with shareholders on remunerations,” Quinn told Boardroom Radio. 

One central recommendation in the report is the two strike rule. 

“If a remuneration report receives a no vote of 25 per cent or more then the board has to come back next year and respond to that criticism and if in the following year it gets a similar no vote than all directors are up for re-election,” said Quinn. 

“Some of the other recommendations are more on integrity side and avoiding conflict of interest. It requires for an independent remuneration committee to be comprised of non-executive members exclusively.”  

This means remuneration consultants would also have to report to boards independently of management, and prohibiting directors and executives voting their shares and any undirected proxies on remuneration issues.

Quinn added: “A number of changes proposed relates to tax issue- because there has been a significant tax issues. 

The recommendation, to remove taxation point impediment to deferred equity, would remove the need for special tax rulings. 

Quinn was not optimistic that the current bill would be amended, but he said it was likely there would be further regulation of executive pay through the Corporations Act and the ASX listing rules. 

“Companies need to look at the 15 recommendations in a little detail. The remuneration checklist for boards or committees, what constitutes good remuneration practices, there is a bit of work there to be done to make sure companies are in position, if the recommendations are implemented, to implement it themselves.” 

The Commission is holding public hearings on its Discussion Draft in late October – November, with its final report to Government by 19 December.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lawyers speculate over executive pay
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...