PART 5 – PROVISIONS FOR OFFICES ON TOTAL REMUNERATION

5.1 Coverage and definitions: The provisions in this part of the Determination apply only to the offices listed in Table 3. For the purposes of this part of the Determination, the following definitions apply.

5.1.1 ‘Authority’ means the court, tribunal or other body to which the Office Holder is attached.

5.1.2 ‘Base Salary’ means the amount specified in column 3 of Table 3 of this Determination.

5.1.3 ‘Benefits’ means all non-monetary benefits provided at the Commonwealth’s expense to or on behalf of an Office Holder as a personal benefit including a vehicle (where provided), the value attributed by the Remuneration Tribunal to the Commonwealth’s superannuation contributions or Superannuation Support (refer clause 5.6) and any other benefits received by way of remuneration packaging (refer clause 5.4).

5.1.4 ‘Office Holder’ means a person appointed to an office listed in Table 3 of this Determination.

5.1.5 ‘Total Remuneration’ is the amount shown in Columns 4 and 5 of Table 3 representing the value, calculated at the total cost to the Commonwealth (including Fringe Benefits Tax where applicable), of:

• salary (including Base Salary), allowances or lump sum payments; and
• benefits;

but does not include:

• reimbursement of expenses incurred on geographic relocation following appointment as an Office Holder, in accordance with the authority’s policies and practices where approved by the appropriate authority;
• travelling allowances and expenditure referred to in Part 3;
• any payment in lieu of recreation leave; and
• any separation benefits in accordance with clauses 2.7 – 2.7.5.

5.2 Total Remuneration should not be supplemented: The intention of this Determination is that the Total Remuneration amount payable to an office holder under Table 3 represents an exhaustive statement of the office holder’s remuneration and significantly-related benefits, to the extent that the Tribunal is empowered to determine them. In other words, the intention is that the Total Remuneration amount to which an office holder is entitled under this part should not be supplemented by any other authority where that may be inconsistent with this Determination.

5.3 An office holder listed in Table 3 is eligible to receive the annual amount of Total Remuneration set out in Table 3 for the relevant office.

5.4 Remuneration packaging: Subject to this part, an Office Holder may elect to receive the benefit of Total Remuneration as salary or a combination of salary and Benefits, in accordance with the authority’s policies and procedures on salary packaging. The Office Holder must take at least 50 per cent of Total Remuneration as salary. Any election must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office (ATO).