Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education and Training.

 

(No. IRC 3484 of 2006)

 

 

VARIATION

 

1.          Delete clause 8, Salary Packaging, of the award published 30 June 2006 (359 I.G. 1114), and insert in lieu thereof the following:

 

8.  Salary Packaging

 

For the purposes of this clause "salary" means the salary or rates of pay prescribed by Schedules 1, 4, 5, 6, 7 and 8 of this award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

8.1        An employee may, by agreement with the employer, enter into a salary packaging arrangement including salary sacrifice to superannuation where they may convert up to 100% of their salary to other benefits.

 

Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged. Such payroll deductions may include but are not limited to, compulsory superannuation payments, HECS payments, child support payments, judgment debtor/garnishee orders, union fees, health fund premiums.

 

8.2        The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and employer, will be provided in a separate written agreement, in accordance with the Department’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

8.3        Salary packaging must be cost neutral for the employer. Employees must reimburse the employer in full for the amount of:

 

8.3.1     any fringe benefits tax liability arising from a salary packaging arrangement; and

 

8.3.2     any administrative fees.

 

8.4        Where the employee makes an election to salary package the following payments made by the employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

8.4.1     Superannuation Guarantee Contributions;

 

8.4.2     any salary-related payment including but not limited to allowances and workers compensation payments; and

 

8.4.3     payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

2.          This variation is to take effect on and from 13 November 2006.

 

 

 

M. SCHMIDT J

 

 

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Printed by the authority of the Industrial Registrar.