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Determination - 12 December 2007

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SALARIES AND ALLOWANCES ACT 1975

DETERMINATION ON THE REMUNERATION OF FULL-TIME SENIOR AND ORDINARY MEMBERS OF THE STATE ADMINISTRATIVE TRIBUNAL

Section 6(1)(e) of the Salaries and Allowances Act 1975 (“the Act”) requires the Salaries and Allowances Tribunal (“the Tribunal”), at intervals of not more than twelve months, to enquire into and determine the remuneration to be paid to a person holding any office prescribed for this section.

BACKGROUND

The remuneration of Senior and Ordinary Members of the State Administrative Tribunal came under the jurisdiction of the Salaries and Allowances Tribunal through the Salaries and Allowances Amendment Regulations 2007 which were gazetted on 16 January 2007.  This regulation amendment prescribed these offices for the purposes of Section 6(1)(e) of the Act.

The Tribunal made an interim determination on 26 February 2007 for the full-time Senior and Ordinary Members of the State Administrative Tribunal.  At that time, the Tribunal considered aligning the timing of the next determination more closely with the recommendation made in respect of members of the judiciary.  This new alignment has now been given effect.

CURRENT ENQUIRY

A submission was received from the President of the State Administrative Tribunal which referred to the initial interim determination made for the full-time Senior and Ordinary Members by the Salaries and Allowances Tribunal noted above.  The submission sought parity of remuneration for the Western Australian full-time tribunal members with the members of other tribunals whose work was comparable – namely the Commonwealth Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal.  The submission also suggested that the determination relating to the State Administrative Tribunal should be made at the same time as that for members of the judiciary.

Remuneration of sessional members of the State Administrative Tribunal was determined by the Lieutenant Governor in Executive Council on 17 July 2007.  These members are not part of the jurisdiction of the Salaries and Allowances Tribunal.

DETERMINATION

The Tribunal has adjusted the remuneration of full-time Senior and Ordinary Members of the State Administrative Tribunal in line with the framework of rates payable to judicial and legal offices in Western Australia.  It takes into account levels of remuneration in other relevant jurisdictions and maintains existing relativities.

As was the case in its interim determination earlier this year, the Tribunal has provided for Senior and Ordinary Members of the State Administrative Tribunal to have an entitlement to a motor vehicle for private use under the conditions set out in the Schedule below.

The Tribunal determines that the remuneration paid or provided to Senior and Ordinary Members of the State Administrative Tribunal will be as set out in the attached Schedule effective from 1 January 2008.

SCHEDULE

1. Remuneration

POSITION REMUNERATION
Senior full-time member $242,972
Ordinary full-time member $182,229

2. Motor Vehicles

In addition to the remuneration determined for the officers and persons holding offices listed in Part 1, the office-holders have an entitlement to a motor vehicle for private use provided through State Fleet in accordance with the criteria below.

Benchmark Vehicle

Where a Benchmark Vehicle is sought through State Fleet, the entitlement is to one of the following vehicles.

CLASSIFICATION BENCHMARK VEHICLE (6 cylinder)
Below Group 1 Minimum Ford Falcon XT or Holden Commodore Executive
Group 1 Minimum to Group 2 Minimum Ford Fairmont (not Ghia) or Holden Berlina
Group 2 Maximum and above Ford Fairmont Ghia or Calais.
For a position where a remuneration is determined in lieu of a classification The tenured remuneration of the position should be compared to the tenured remuneration for the Group 1 to Group 4 range and the appropriate value obtained

Non-Benchmark Vehicle

Where a vehicle and accessories other than a Benchmark Vehicle is sought through State Fleet, the difference in cost to Government:

  • where greater, is to be paid fortnightly by the individual; or
  • where lesser, is to be paid fortnightly as part of the individual’s remuneration.

The method of determining whether an additional contribution must be made by the individual or the surplus paid as part of remuneration shall be based on the actual cost to Government of the vehicle sought (using the formula detailed below), compared against the more expensive of the Benchmark Vehicles mentioned above. The cost at the time of entering into the lease is applicable.

Where an individual wishes to obtain a motor vehicle that varies from the Benchmark Vehicle, the motor vehicle costs must include the lease cost, Fringe Benefits Tax and all other operating costs based on the relevant figure of nominated kilometres to be travelled annually. The formula to be adopted in valuing the motor vehicle is:

L + R + aD + FBT, where

L = Lease payments
R = Registration costs
a = Running cost per kilometre
D = nominated annual kilometres*
FBT = Fringe Benefits Tax

*Note: To the extent that in line with State Fleet policy agencies may in practice already have adopted this approach (ie departed from the originally specified 20,000 km per annum calculation base) this is endorsed.

FBT is costed at purchase price (inc GST) x Statutory fraction x Gross up (2.1292) x FBT rate (0.485).

Fringe Benefits Tax Exempt Agencies: Where an organisation is exempt from FBT in accordance with Commonwealth Government legislation, a notional amount equal to the standard FBT must be added to the cost of the benefit.

Should an officer choose other than a Benchmark Vehicle, it may have implications on their superable remuneration. Further information can be obtained from the Government Employees’ Superannuation Board’s Members’ Services Centre.

Non-chief executive officers who wish to vary from the Benchmark Vehicle must also obtain the approval of their chief executive officer for the make and model of vehicle required.

The cost of vehicle accessories over and above those available to Senior Executive Service members as set out in the “WA Government Fleet Policy and Guidelines” should be borne by the individual.

In most instances the Fleet Manager will provide a total costing for each vehicle.

Cash Value

Where a person elects not to be provided with a motor vehicle through State Fleet he/she is entitled to the cash value being paid fortnightly as additional remuneration. The cash values are paid in accordance with the following criteria.

CLASSIFICATION CASH VALUE
Below Group 1 Minimum $16,900
Group 1 Minimum to Group 2 Minimum $18,900
Group 2 Maximum and above $22,000
For a position where a remuneration is determined in lieu of a classification The tenured remuneration of the position should be compared to the tenured remuneration for the Group 1 to Group 4 range and the appropriate value obtained

General

The provision of vehicles remains an administrative responsibility of the Department to manage in a cost effective manner.

An individual accessing a vehicle under this Part shall take due care of the condition and security of the vehicle.  This includes responsibility for ensuring the vehicle is regularly serviced and maintained at government expense according to the manufacturer’s recommended specifications, and making arrangements for off-street parking at home, whenever practicable, with appropriate security precautions taken at all times.  Any theft or damage, however slight, should be reported to the Fleet Manager with a view to repairs being effected at the earliest opportunity.

While the vehicle may be used anywhere in Western Australia at no cost to the individual, if the vehicle is driven interstate, the individual is liable for the cost of fuel and oil while interstate. Furthermore, if used outside of Western Australia, the custodian must be in the vehicle at all times that it is being used.

Should the officer choose not to use the vehicle, supplied through State Fleet, for business (e.g. for travelling to and from work), but allows and authorises the vehicle to be used for private use during business hours by another family member or person, he/she is not entitled to access another government vehicle for his/her private use.

Signed at Perth this 19th day of December 2007.

Dr M C Wood W S Coleman M L Nadebaum
CHAIRMAN MEMBER MEMBER


SALARIES AND ALLOWANCES TRIBUNAL

 

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.