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 5.5) and any other benefits received by way of remuneration packaging (refer clause 5.4).

5.1.4 ‘Employer’s Superannuation Contribution’ means:

• 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 5.5.1, 5.5.2, 5.5.4 or 5.5.5; or
• in respect of a member of the Public Sector Superannuation Accumulation Plan, 15.4% of ordinary time earnings (OTE) for the office holder; or
• 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 5.4 (Remuneration packaging).

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

5.1.6 ‘Reference Salary’ means the Office Holder’s Total Remuneration, less the amount of the Employer’s Superannuation Contribution for the office holder.

5.1.7 ‘Total Remuneration’ is the amount shown in Columns 4 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;
• benefits; and
• the Employer’s Superannuation Contribution

but does not include:

• the value of Business Support referred to in clause 5.7;
• 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;