Crown
Employees (Education Employees Department of Corrective Services) Consent Award
2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 263 of 2007)
Before Commissioner
Connor
|
4 April 2007
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award published 28 July 2006 (360
I.G. 371), the following new clause number and subject matter, and renumber
existing clauses accordingly:
5A. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
2. Insert after
clause 5 Salaries, the following new clause 5A:
5A. Salary Packaging Arrangements, including
Salary Sacrifice to Superannuation
5A.1. The entitlement
to salary package in accordance with this clause is available to:
5A.1.1. permanent
full-time and part-time employees;
5A.1.2. temporary
employees, subject to the Department’s convenience; and
5A.1.3. casual
employees, subject to the Department’s convenience, and limited to salary
sacrifice to superannuation in accordance with sub clause 5A.7.
5A.2. For the purposes
of this clause:
5A.2.1. "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 6, Salaries and Part B - Monetary Rates Table 1 of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
5A.2.2. "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
5A.3. By mutual
agreement with the Director of Public Employment (DPE), an employee may elect
to package a part or all of their post compulsory deduction salary in order to
obtain:
5A.3.1. a
benefit or benefits selected from those approved by the DPE; and
5A.3.2. an
amount equal to the difference between the employee’s salary, and the amount specified
by the DPE for the benefit provided to or in respect of the employee in
accordance with such agreement.
5A.4. An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
5A.5. The agreement
shall be known as a Salary Packaging Agreement.
5A.6. Except in
accordance with sub clause 5A.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the DPE at the time of signing the Salary Packaging Agreement.
5A.7. Where an employee
makes an election to sacrifice a part or all of their post compulsory deduction
salary as additional employer superannuation contributions, the employee may
elect to have the amount sacrificed:
5A.7.1. paid
into the superannuation fund established under the First State
Superannuation Act 1992; or
5A.7.2. where
the employer is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
5A.7.3. subject
to the Department’s agreement, paid into another complying superannuation fund.
5A.8. Where the
employee makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
5A.9. Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
5A.9.1. Police
Regulation (Superannuation) Act 1906;
5A.9.2. Superannuation
Act 1916;
5A.9.3. State
Authorities Superannuation Act 1987; or
5A.9.4. State
Authorities Non-contributory Superannuation Act 1987,
the employee’s Department must ensure that the
employee’s superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
5A.10. Where the employee
makes an election to salary package, and where the employee is a member of a superannuation
fund other than a fund established under legislation listed in sub clause 5A.9
of this clause, the employee’s Department must continue to base contributions
to that fund on the salary payable as if the Salary Packaging Agreement had not
been entered into. This clause applies
even though the superannuation contributions made by the Department may be in
excess of superannuation guarantee requirements after the salary packaging is
implemented.
5A.11. Where the employee
makes an election to salary package:
5A.11.1. subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
5A.11.2. any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the employee’s
rate of pay, shall be calculated by reference to the rate of pay which would
have applied to the employee under clause 5, Salaries and or Part B - Monetary
Rates, Table 1 of this Award if the Salary Packaging Agreement had not been
entered into.
5A.12. The DPE may vary
the range and type of benefits available from time to time following discussion
with the Federation. Such variations
shall apply to any existing or future Salary Packaging Agreement from date of
such variation.
5A.13. The DPE will
determine from time to time the value of the benefits provided following
discussion with the Federation. Such
variations shall apply to any existing or future Salary Packaging Agreement
from the date of such variation. In
this circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
3. This
variation shall operates from the beginning of the first pay period to commence
on or after 4 April 2007.
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.