PART 1 – GENERAL

1.1 Authority: This Determination is issued pursuant to sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.

1.4 Definitions: For the purposes of this Determination, the following definitions apply.

‘Agency’ means the agency to which the Office Holder is attached, or the portfolio department, if the office holder is not attached to an agency.

‘Base Salary’ means the applicable amount specified in Clause 2.1 of this Determination.

‘Benefits’ means all non-monetary benefits provided at the employer’s expense to or on behalf of an Office Holder as a personal benefit, including a vehicle (where provided – refer Clause 2.6), the value attributed by the Remuneration Tribunal to the Employer Superannuation Contribution (refer Clause 2.5) and any other benefits received by way of remuneration packaging (refer Clause 2.4)

‘Employer’ means the Commonwealth and includes any person authorised to exercise powers, perform acts, grant approvals or give directions for, or on behalf of, the Commonwealth.

‘Employer’s Superannuation Contribution’ means:

(a) in respect of a member of a Commonwealth defined benefit scheme (including the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme), the value attributed to the Employer’s Superannuation Contribution in accordance with sub-clauses 2.5.1, 2.5.2, 2.5.4 or 2.5.5; or

(b) in respect of a member of the Public Sector Superannuation Accumulation Plan, 15.4% of ordinary time earnings (OTE) for the office holder; or

(c) in respect of a member of any other fund, the minimum level of employer superannuation contribution that would reduce to zero the charge percentage for that Office Holder under section 23 of the Superannuation Guarantee (Administration) Act 1992.

Contributions made on a salary sacrifice basis do not form part of the Employer’s Superannuation Contribution: these are covered by clause 2.4 (Remuneration packaging).

‘Office Holder’ means the holder of an office listed in Column 1 of Table 2A of this Determination.

‘Total Remuneration’ is the amount shown in Clause 2.1 of this Determination. Total Remuneration represents the value, calculated at the total cost to the employer (including Fringe Benefits Tax), of:

 salary (including Base Salary), allowances or lump sum payments;

 Benefits; and

 the Employer’s Superannuation Contribution

but does not include:

 facilities provided as business support as referred to in Part 2;

 allowances specified in Part 3;

 reimbursement of expenses incurred on geographic relocation following appointment as an Office Holder, in accordance with agency policies and practices where approved by the employer;

 travelling allowances and expenditure referred to in Part 4;

 any payment in lieu of recreation leave in accordance with Part 5; and

 any compensation for early loss of office in accordance with Part 6.