Remuneration Tribunal Determination 2014/09 - Judicial and Related offices - Remuneration and Allowances
PART 2REMUNERATION AND RELATED MATTERS
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2.1 Base Salary: A person who holds a full-time office specified in Table 1 or Table 2A shall be paid the Base Salary specified in Table 1 or Table 2A.
2.2 Additional Allowances: A Judge who also holds any of the following part-time offices shall be provided with an additional expense allowance of $2,235 a year with effect on and from 1 July 2014:
Aboriginal Land Commissioner;
Chairman of the Australian Electoral Commission;
Chief Judge of the Supreme Court of Norfolk Island; and
other offices as specified in Table 1.
2.3 Remuneration of part-time office: Notwithstanding any other provision of this Determination, a person who holds office on a part-time basis, other than a member of the National Native Title Tribunal:
may not be paid more than the base salary of the equivalent full-time office (if any) in respect of any financial year; and
is deemed to hold a full-time office in that year for the purposes of entitlements, other than separation benefits and salary packaging, if paid an amount equal to the base salary of the equivalent full-time office in any given financial year.
2.3.1 Remuneration of Part-Time NNTT Members: Notwithstanding any other provision of this Determination, a person who holds office as a member of the National Native Title Tribunal on a part-time basis:
(i) may not be paid more than the amount calculated as the Total Remuneration of the equivalent full-time office less 15.4 per cent of the full-time office’s Base Salary, in respect of any financial year; and
(ii) is deemed to hold a full-time office in that year for the purposes of entitlements, other than separation benefits and salary packaging, if paid an amount equal to the amount calculated under 2.3.1 (i) in any given financial year.
2.4 Use of specified rates for part-time office: The appropriate authority may elect to pay a person who holds office on a part-time basis a proportion of the base salary of the equivalent full-time office specified in Table 2A (if any), in accordance with the hours worked, subject to a cap of 12 hours pay in any one day. Otherwise, the office holder shall be paid the daily fee specified in Table 2A. The proportion of base salary of the equivalent full-time office (hourly rate) will be ascertained by applying the following formula:
Base Salary x 6 = Hourly Rate.
313 36.75
2.5 Payment of daily fees: A person who holds a part-time office specified in Table 2A is entitled to be paid the daily fee specified in Table 2A (unless paid under clause 2.4 or 2.6). A person who is eligible to receive a daily fee may not be paid more than one daily fee in respect of any one calendar day.
Part PART 2 - Remuneration Tribunal Determination 2014/09 - Judicial and Related offices - Remuneration and Allowances - REMUNERATION AND RELATED MATTERS | Zoe
2.5.1 Where a day includes a formal meeting of the authority and official business (including reasonable preparation time and reasonable travel time other than travel between the person’s home and principal place of work) and is of:
three or more hours duration – the full daily fee is payable;
two or more (but less than three) hours duration – three-fifths of the daily fee is payable;
less than two hours duration – two-fifths of the daily fee is payable.
2.5.2 On another day or days, where official business is of at least five hours duration in aggregate – a daily fee is payable.
2.5.3 The appropriate authority must certify the nature and duration of work undertaken prior to any payment of fees to a person who holds office on a part-time basis.
2.5.4 Payment of daily fees to Part-Time AAT Members: The provisions of this clause apply, (and clauses 2.5.1-2.5.3 do not apply) in relation to a person who holds office as a member of the Administrative Appeals Tribunal on a part-time basis, other than those members to whom clause 2.6 applies.
A daily fee is payable once such a person has undertaken official business of five hours duration in aggregate, regardless of the day or days on which that work is done.
The President of the Administrative Appeals Tribunal must certify the nature, reasonableness and duration of official business undertaken prior to any payment of fees to such a person.
Official business may include a hearing, preparation for a hearing, reading submissions, decision writing and travel time other than for travel between the person’s home and principal place of work.
2.5.5 Australian Competition Tribunal: Clause 2.5.2 does not apply to Members of the Australian Competition Tribunal who are paid by way of daily fees. Such Members are entitled to payment for the period for which they undertake official business of the Tribunal on non-sitting days on the following basis:
(i) where an office holder is engaged on “business of the authority”, a full daily fee is paid where the member is engaged for at least 5 hours. A Member is not paid any higher fee for more than 5 hours and any extra time cannot be carried over;
(ii) where an office holder is engaged on “business of the authority” for less than 5 hours on a day, subject to (i) above that period may be aggregated with other periods of less than 5 hours on other days. For each multiple of 5 aggregated hours a daily fee is payable.
2.6 Payment of annual fees to AAT members: Administrative Appeals Tribunal members identified in clause 2.6.1 or 2.6.2 will, for the period that the provisions of clause 2.6.1 or 2.6.2 apply to them, be paid an annual fee in accordance with Table 2B. Neither clause 2.4 nor 2.5 applies to a member for the period that clause 2.6 applies. The annual fee payable to a member, as specified in the cell of Table 2B relevant to the member’s office and work pattern, is payable on a periodic basis throughout each year and covers all activities undertaken by the member in performing the duties of their office. Part years are paid on a proportionate basis.
2.6.1 A person who holds office as a member of the Administrative Appeals Tribunal on a part-time basis and who is subject to a direction under section 20 of the Administrative Appeals Tribunal Act 1976 by the President of the Administrative Appeals Tribunal to work a specified number of days each week for a continuous period of 12 months or more; or
2.6.2 A person who holds office as a member of the Administrative Appeals Tribunal on a part-time basis and who is subject to a direction under section 20 of the Administrative Appeals Tribunal Act 1976 by the President of the Administrative Appeals Tribunal to work a specified number of days each week for a period of less than 12 months if that period ends on the day that the person’s appointment as a part-time member expires.
2.7 Leave: A person who holds an office other than that of a Judge shall be entitled to the following types and amounts of leave of absence:
any unused leave credits accrued previously, including under Determination 2012/11 – Recreation Leave for Full-Time Holders of Relevant Offices;
if a full-time office holder:
(a) the public holidays observed by the Australian Public Service in the location in which the office is based;
(b) paid recreation leave of four weeks per year of service, accruing on a on a pro rata basis;
(iii) other paid and unpaid leave, including sick and carers’ leave, at the discretion of the Commonwealth.
2.7.1 A person who holds an office other than that of a Judge:
may elect to take recreation leave on a half-pay basis and/or to cash out up to one week’s recreation leave per financial year; and
shall be paid the balance of their recreation leave on leaving office calculated using the office holder’s base salary, or, in the case of office holders included in Part 5 of this Determination, in accordance with clause 5.8.
2.8 Separation benefits: The separation benefits of an office holder other than a Judge are to be determined in accordance with the following sub-clauses.
2.8.1 There is no entitlement to separation benefits under Clause 2.8.3 where:
the person served the full term of appointment;
the person was appointed on a part-time basis and is paid in accordance with clause 2.4, 2.5 or 2.6;
the appointment was terminated prematurely for reasons of misbehaviour or unsatisfactory performance; or
the appointment was terminated prematurely on account of mental or physical incapacity; or
the person resigns or retires; or
the person’s appointment was terminated prematurely because the person became bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration for the benefit of his or her creditors.
2.8.2 Subject to Clause 2.8.1, where a person’s appointment to a public office is terminated prematurely, the Commonwealth may elect to offer suitable alternative employment (including in a Commonwealth company or authority).
2.8.2.1 For the purposes of Clause 2.8.2 an offer of suitable alternative employment is taken to have been made to the person if the person is on leave without pay or some other form of authorised absence from APS employment and is able to resume that employment following the termination of their appointment.
2.8.3 Where the Commonwealth does not offer alternative employment under Clause 2.8.2, the Commonwealth will pay the office holder one-third of one month’s base salary, or Reference Salary in the case of an office holder remunerated under Part 5, per month of service remaining, in lieu of obligations such as provision of notice or payment instead of notice or redundancy pay and subject to:
a minimum payment of four month’s base salary or Reference Salary; and
a maximum payment of one year’s base salary or Reference Salary.
2.8.4 Under Clause 2.8.3, the Commonwealth may calculate service remaining by excluding any period of Commonwealth service in alternative employment to be performed during the remaining term of the appointment where the alternative employment commenced immediately after the termination. The Commonwealth may require an office holder to sign a release in return for the payment.
2.8.5 For the purposes of calculating a separation benefit under Clause 2.8.3 in respect of a part-time office holder:
the reference in Clause 2.8.3 to base salary shall be understood as a reference only to the applicable annual base salary, or Reference Salary in the case of an office holder remunerated under Part 5, and not to include daily fees;
the applicable annual base salary, or Reference Salary in the case of an office holder remunerated under Part 5, shall be notionally converted to a monthly figure by dividing it by 12; and
no account shall be taken of any period of potential future service in respect of which the office holder has already been, or is to be, paid the applicable base salary or Reference Salary in the case of an office holder remunerated under Part 5.
2.9 Cashing out and purchasing of recreation leave for Judges of the Federal Circuit Court: Judges of the Federal Circuit Court shall:
be entitled to paid recreation leave of four weeks per year of service accruing on 1 January each year;
be paid on leaving office as though they were then to take the balance of their recreation leave;
be eligible to cash out part of their recreation leave credits providing they:
(a) have accrued in excess of four weeks’ recreation leave;
(b) take an amount of leave equal to or greater than that cashed out; and
(c) cash out a maximum of two weeks’ recreation leave in any year;
(iv) be eligible to elect to purchase one, two, three or four weeks’ additional leave per year. Judges of the Federal Circuit Court will have an amount deducted from their annual salary, dependent on the amount of leave purchased and their salary, which will be reflected in their regular salary payments. Purchased leave counts as service for all purposes.
2.10 Salary packaging: A full-time office holder, including a Judge of the Federal Circuit Court, but otherwise excluding Judges, may elect to take benefits in lieu of base salary but must take at least 50 per cent of their base salary as salary except where policies and procedures on salary packaging of the administering agency provide otherwise.
2.10.1 A part-time office holder, other than a Judge, may elect to take benefits in lieu of her or his part-time office fee or a combination of part-time office fee and benefits, where this is in accordance with agency policies and procedures on salary packaging.
2.10.2 Any election to salary package in accordance with this section must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office.
2.10.3 Any election to salary package in accordance with this section must not result in cost to the Commonwealth (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if benefits able to be taken as salary were taken as salary.