Part PART 2 - Remuneration Tribunal Determination 2015/21 - Remuneration and Allowances for Holders of Full-Time Public Office - REMUNERATION AND RELATED MATTERS | Zoe
Remuneration Tribunal Determination 2015/21 - Remuneration and Allowances for Holders of Full-Time Public Office
PART 2REMUNERATION AND RELATED MATTERS
Start here
Get a plain-English read of PART 2
Turn the raw legal text into a practical explanation grounded in Remuneration Tribunal Determination 2015/21 - Remuneration and Allowances for Holders of Full-Time Public Office.
2.1 Total Remuneration: Office Holders are eligible for the annual amounts of Base Salary and Total Remuneration as set out in Columns 2 and 3 of Table 2A below, with effect from 1 January 2016, unless otherwise specified (refer Column 4).
TABLE 2A – FULL-TIME OFFICE HOLDERS – TOTAL REMUNERATION AND OTHER BENEFITS
Column 1Office
Column 2BaseSalary(per annum)
Column 3Total Remunerationfor office(per annum)
Column 4Additional clauses applying
Column 5Travel Tier
Chair, Australian Prudential Regulation Authority (APRA)
$584,920
$835,590
1
Solicitor-General
$519,110
$731,140
1
Chairperson, Australian Competition and Consumer Commission (ACCC)
$511,800
$731,140
1
Chairperson, Australian Securities and Investments Commission (ASIC)
$511,800
$731,140
1
Deputy Chair, APRA
$467,930
$668,470
1
Australian Public Service Commissioner
$475,250
$678,920
1
Commissioner, Australian Federal Police
$475,250
$678,920
1
Member, APRA
$438,690
$626,690
1
Director-General of Security, Australian Security Intelligence Organisation
$438,690
$626,690
2.2.7
1
Australian Border Force Commissioner
$424,060
$605,800
1
Deputy Chairperson, ASIC
$409,440
$584,910
1
Chairman, Productivity Commission
$402,130
$574,470
1
Vice Chief of the Defence Force
$402,130
$574,470
1
Chief of Navy
$383,860
$548,360
1
Chief of Army
$383,860
$548,360
1
Chief of Air Force
$383,860
$548,360
1
Deputy Chairperson, ACCC
$383,860
$548,360
1
Director-General, Office of National Assessments
$383,860
$548,360
1
Vice President, Fair Work Commission
$383,860
$548,360
2.2.6
1
Chief Executive Officer, Australian Digital Health AgencyEffective 9 April 2016, refer Det 2016/02
$365,570
$522,240
1
Australian Electoral Commissioner
$365,570
$522,240
1
Chair, Australian Energy Regulator
$365,570
$522,240
1
Chair/Chief Executive Officer, Clean Energy Regulator
$365,570
$522,240
2.2.4
1
Chair, Australian Communications and Media Authority (ACMA)
$365,570
$522,240
1
Chief Executive Officer, Digital Transformation Office
$365,570
$522,240
1
Chief Executive Officer, Austrade
$365,570
$522,240
1
Chief Executive Officer, National Disability Insurance Scheme Launch Transition AgencyEffective 1 July 2016, refer Det 2016/10
$365,570
$522,240
2
Director of Public Prosecutions
$381,240
$522,240
1
Member, ASIC
$365,570
$522,240
1
Chief Executive Officer, Australian Crime Commission
$347,300
$496,130
1
Chief Executive, Australian Financial Security Authority
$329,020
$470,020
2
Chief Executive Officer, Australian Transaction Reports and Analysis Centre
AAT (former Deputy Principal Member, Social Security Appeals Tribunal (SSAT))
$209,690
$287,240
2.2.17
2
Director General, Australian Safeguards and Non-Proliferation Office
$209,690
$287,240
2
Director, Classification Board
$209,690
$287,240
2.2.14
2
Member, Tax Practitioners Board
$209,690
$287,240
2
Aged Care Pricing Commissioner
$209,690
$287,240
2
Chief Executive Officer, Asbestos Safety and Eradication Agency
$209,690
$287,240
2
Registrar of Aboriginal and Torres Strait Islander Corporations
$209,690
$287,240
2
Executive Director of Township Leasing
$190,620
$261,120
2
Deputy Chairperson, SCT
$171,560
$235,010
2
Deputy Director, Classification Board
$171,560
$235,010
2.2.14
2
AAT (former Senior Member, MRT)
$171,560
$235,010
2.2.16
2
AAT (former Senior Member, RRT)
$171,560
$235,010
2.2.16
2
Student Identifiers Registrar
$171,560
$235,010
2
Senior Member, VRB
$171,560
$235,010
2
Director, Tuition Protection Service
$171,560
$235,010
2.2.11
2
Chief Executive Officer, National Health Funding Body
$171,560
$235,010
2
Chairman (full-time), Central Land Council
$152,500
$208,900
3
Chairman (full-time), Northern Land Council
$152,500
$208,900
2
AAT (former Member, MRT)
$152,500
$208,900
2.2.16
2
AAT (former Member, RRT)
$152,500
$208,900
2.2.16
2
AAT (former Senior Member, SSAT)
$152,500
$208,900
2.2.17
2
Senior Classifier, Classification Board
$157,200
$182,790
2
Chair (full-time), Anindilyakwa Land Council
$133,440
$182,790
2
AAT (former Member, SSAT)
$133,440
$182,790
2.2.17
2
Classifier, Classification Board
$112,290
$130,560
2.2.15
3
2.2 Alternative/Additional Remuneration Provisions: Where Column 4 of Table 2A contains a reference to this clause in respect of an Office, the provisions of this clause modify Columns 2 and/or 3 of Table 2A. Unless otherwise specified, the rates in this clause will apply from 1 January 2016.
2.2.1 Parliamentary Budget Officer: Mr Phil Bowen will receive $436,910 Total Remuneration with $305,840 Base Salary until 22 July 2017.
2.2.2 Deleted
2.2.3 National Capital Authority, Chief Executive: Mr Malcolm Snow will receive $338,350 Total Remuneration with $247,000 Base Salary for the initial term of his appointment.
2.2.4 Clean Energy Regulator, Chair/CEO: Ms Chloe Munro will receive $559,900 Total Remuneration with $391,930 Base Salary until 1 April 2017, while she occupies the office shown in Column 1 of Table 2A.
2.2.5 Murray-Darling Basin Authority, Chief Executive Officer: A Base Salary of $335,683 will apply to Mr Phillip Glyde while he occupies the office shown in Column 1 of Table 2A.
2.2.6 Fair Work Commission: Where an appointee as Deputy President or Commissioner of Fair Work Commission is a Judge, the comparative salary for the purposes of s.637(6) of the Fair Work Act 2009 is the amount in Column 2. Where a holder of the office of Vice President appointed under section 626 of the Fair Work Act 2009 has residual entitlements under the Fair Work Legislation Amendment Regulation 2012 (No.1), the salary applicable to that office holder is $441,850.
2.2.7 Australian Security Intelligence Organisation, Director – General of Security: A Base Salary of $494,810 will apply to Mr Duncan Lewis while he occupies the office shown in Column 1 of Table 2A.
2.2.8 Comcare, Chief Executive Officer: A Base Salary of $342,600 will apply to Ms Jennifer Taylor while she occupies the office shown in Column 1 of Table 2A.
2.2.9 Deleted
2.2.10 Fair Work Building Industry Inspectorate, Director: Mr Nigel Hadgkiss will receive $417,800 Total Remuneration with $292,460 Base Salary while he occupies the office shown in Column 1 of Table 2A.
2.2.11 Tuition Protection Service, Director: Mr Vipan Mahajan will receive $257,358 Total Remuneration with $190,450 Base Salary while he occupies the office shown in Column 1 of Table 2A.
2.2.12 National Archives of Australia, Director General: A Base Salary of $282,740 will apply to Mr David Fricker while he occupies the office shown in Column 1 of Table 2A.
2.2.13 Productivity Commission, Deputy Chair: A Base Salary of $434,480 will apply to Ms Patricia Scott while she occupies the office shown in Column 1 of Table 2A.
2.2.14 Classification Board: On any occasion when the Deputy Director acts as Director, he or she will be entitled to the remuneration and other conditions determined for the Director.
2.2.15 Temporary Classifier: Where a person is appointed to the Classification Board as a Temporary Classifier, a daily fee of $541 is payable, in lieu of other provisions in this Part. The provisions of Part 3 (Allowances), Part 5 (Recreation leave) and Part 6 (Compensation for early loss of office) do not apply. The conditions for payment of the daily fee shall be as set out in the Tribunal’s determination in relation to Holders of Part-Time Office, 2015/20 Schedule B.
2.2.16 Administrative Appeals Tribunal – Migration Review Tribunal/Refugee Review Tribunal: This determination applies to a full-time office holder of the AAT who is a former member of the MRT/RRT and is covered by the transitional provisions of Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former MRT/RRT member’s term of appointment that commenced before 1 July 2015).
2.2.17 Administrative Appeals Tribunal – Social Security Appeals Tribunal: This determination applies to a full-time office holder of the AAT who is a former member of the SSAT and is covered by the transitional provisions of Item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 (i.e. for the remaining balance of the former SSAT member’s term of appointment that commenced before 1 July 2015).
2.2.18 Tertiary Education Quality and Standards Agency (TEQSA), Chief Executive Officer: Mr Anthony McClaran will receive $391,680 Total Remuneration with $285,930 Base Salary for the term of his initial appointment.
2.2.19 Australian Skills Quality Authority (ASQA): The Chief Commissioner and Chief Executive Officer: Mr Christopher Robinson will receive Total Remuneration of $392,680 with Base Salary of $286,660 for the duration of his current appointment to the office.
2.2.20 Innovation and Science Australia, Chief Executive Officer: The Chief Executive Officer will receive an additional fixed loading of $50,000 for a period of three years from the date of commencement of the inaugural appointee. During this period Base Salary will be $309,180.
2.2.21 Northern Australia Infrastructure Facility, Chief Executive Officer: The Chief Executive Officer will receive Total Remuneration of $410,570 with Base Salary of $299,720 until 30 June 2021, during the financial assistance phase prescribed under section 8 of the Northern Australia Infrastructure Facility Act 2016.
2.3 Part-time work: Where approval is given by the employer for an Office Holder to perform the duties of an Office on a part-time basis, the Base Salary and Total Remuneration contained in Table 2A will be payable on a pro-rata basis in accordance with the proportion of full-time hours worked. Where proposed hours are less than 60 per cent of the full-time rate, prior agreement of the Remuneration Tribunal is required to the remuneration level.
2.4 Remuneration packaging: Subject to this Part, an Office Holder may elect to receive the benefit of the Total Remuneration, other than the value of the Employer’s Superannuation Contribution, in cash as salary or as a combination of salary and Benefits. The Office Holder must take at least 50 per cent of Superannuation Salary as salary, except where agency policies and procedures on salary packaging allow otherwise. Any election must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office. Any election must not result in a cost to the employer (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if all of the Total Remuneration elements able to be taken as salary were taken as salary.
2.5 Superannuation Salary
2.5.1 For an Office Holder who is a member of the Commonwealth Superannuation Scheme:
(a) the Officer Holder’s annual rate of salary for the purposes of the scheme is the Officer Holder’s Base Salary; and
(b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.
2.5.2 For an Office Holder who is a member of the Public Sector Superannuation Scheme:
(a) the Office Holder’s basic salary for the purposes of the scheme is the Office Holder’s Base Salary; and
(b) the amount of the Officer Holder’s recognised allowances for the purpose of the scheme is zero; and
(c) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Officer Holder’s Base Salary.
2.5.3 For an Office Holder who is a member of the Public Sector Superannuation Accumulation Plan, the Office Holder’s superannuation salary for the purposes of the scheme is the Office Holder’s ordinary time earnings (OTE).
2.5.4 For an Office Holder who is a member of the Defence Force Retirement and Death Benefits Scheme:
(a) the Office Holder’s annual rate of salary for the purposes of the scheme is the Office Holder’s Base Salary; and
(b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.
2.5.5 For an Office Holder who is a member of the Military Superannuation and Benefits Scheme:
(a) the Office Holder’s annual rate of salary for the purposes of the scheme is the office Holder’s Base Salary; and
(b) the value attributed to the Employer’s Superannuation Contribution is taken to be 15.4% of the Office Holder’s Base Salary.
2.5.6 For an Office Holder who is a member of any other superannuation fund, the Employer’s Superannuation Contribution is to be made at the rate elected by the Office Holder, which must not be less than a rate that would, under section 23 of the Superannuation Guarantee (Administration) Act 1992, reduce the charge percentage in relation to that Office Holder to zero.
2.5.7 No cash in lieu: The value attributable by virtue of this clause to the Employer’s Superannuation Contribution is referable to a non-salary component of Total Remuneration and may not be the subject of an election to take an equivalent amount of salary instead.
2.6 Vehicles: Where an Office Holder accepts an offer of an agency owned or leased vehicle for private use, the Office Holder’s Total Remuneration will be reduced by the actual cost of the vehicle to the agency and fringe benefits taxation, less a reasonable amount (if any) reflecting business usage patterns. Where an Office Holder has access to an agency owned or leased vehicle for private use, the Office Holder will be considered to have accepted an offer of a vehicle for the purposes of this provision. Any business usage amount is to be assessed on log book records for at least a 12 week representative period. Where the annual business kilometres are less than 5,000 it will be based on the ‘cents per kilometre’ method. Where business kilometres are 5,000 kilometres or more, the percentage of business use to total kilometres travelled per annum will be applied to the total cost of the vehicle.
2.6.1 Vehicle parking: Where an Office Holder accepts an offer of a car park at Commonwealth expense, the actual cost (including fringe benefits tax) of the car park to the Agency will be a Benefit for Total Remuneration purposes.
2.7 Business Support: Where an Office Holder is provided with communications, information technology and other office facilities necessary for the efficient conduct of his or her office, incidental private use of those facilities by the Office Holder does not necessitate the value of the facilities being included in Total Remuneration.