Salary Packaging – Lay Staff Version Approved by Current as at 1.0 1 Senior Leadership Team 13 May 2014 Policy Statement The Uniting Church in Australia, Synod of Victoria and Tasmania (the Synod) acknowledges the important contribution of its employees and aims to provide a salary packaging policy to assist with the attraction and retention of high quality employees. It is the policy of the Synod to offer salary packaging to all full time and part time employees who have satisfactorily completed their probationary period. 1.1 ETHOS AND VALUES OF UNITING CHURCH IN AUSTRALIA As an employer, we express the ethos of Christianity to love one another, to live justly and to seek the reconciliation and renewal of all creation by respecting ourselves and all whom we serve and employ. We strive to do so by: Being inclusive Acting and advocating for a just society Working for peace and justice in the World Having an openness to the wisdom of people of other faiths and views Implementing environmentally sustainable practices In our workplace we value justice, inclusion, compassion, shared leadership, respect, integrity, wise stewardship and innovation. Consideration should be given to the ethos and values in seeking guidance and interpretation surrounding this policy. 1.2 SCOPE This policy applies to all permanent full time and part time Synod employees and operates in conjunction with the terms and conditions of employment of Synod employees; has been developed within the framework of existing legislation and may be varied or discontinued by the Synod in response to legislative or other regulatory changes which are disadvantageous to the organisation. not all employees will benefit from salary packaging. People matter. Salary Packaging – Lay Staff Policy 1 1.3 PRINCIPLES UNDERPINNING PROCESS a) b) c) d) e) 1.4 Natural justice / procedural fairness Safe Place Understanding of Power Boundaries Privacy / confidentiality DEFINITIONS Fringe Benefits Fringe Benefits Tax Fringe Benefits Tax Year Grossing Up Packaged Salary Component Taxable Fringe Benefits Total Remuneration Cost 1.5 A fringe benefit is the right, benefit, provision of a service or facility, that is provided to an employee in relation to the performance of their work and which is not remuneration by way of salaries and wages. Fringe benefits tax (FBT) is the tax payable to the ATO incurred on providing fringe benefits to employees. The fringe benefits tax year runs from April 1st, to March 31st. Benefits paid to, or on behalf of the employee during this period, are reported on the employees payment summary for the income tax year ending the following June 30th. *Note it is paid benefits, not accrued or entitlement to benefits which is reported. This refers to the cost or value of the fringe benefits provided to the employee being recalculated to reflect what they would have cost the employee, had the employee paid for them out of after tax salaries and wages income. The maximum grossed up amount of benefits that can be claimed on a reduced FBT rate by a rebatable employer is $30,000. This equates to a maximum of $16,049 and minimum of $14,529. Taxable salary payable excluding ‘Fringe Benefits’ component, but including taxable allowances and additional payments not included for the purposes of remuneration packaging. Normally the figure used for the calculation of PAYG tax. Rebatable employers are taxed at a reduced rate for amounts up to $30,000 gross up and then at the full rate above. Items included in this cost are the employees base salary plus position related benefits, salary packaging and FBT i.e. the total to the employer of all cash and non cash benefits including: motor vehicle, housing, employer superannuation contributions, annual leave loading. POLICY OWNER This policy is implemented and maintained by the Director People and Culture, UCA Synod. People matter. Salary Packaging – Lay Staff Policy 2 1.5 FURTHER ASSISTANCE Any staff member who requires further assistance in understanding or applying this policy, can contact a member of the People and Culture team. 1.6 POLICY REVIEW This policy will be reviewed every two years or earlier if required. 1.7 RELATED POLICIES AND PROCEDURES Recruitment and Selection Policy Remuneration Policy 2.0 Policy in Practice Salary Packaging for Synod employees will be offered in accordance with this policy and associated guidelines. The Synod is a rebatable employer for tax purposes and salary packaging, although not all employees will be meet the legislative and taxation guidelines. The Synod uses EPAC Salary Packaging except for superannuation. For salary sacrificing to superannuation please contact the Payroll Officer. EPAC Salary Solutions Customer Service Hotline: 1800 680 180 Customer Service Fax: 1800 221 998 Internet: www.epacsalarysolutions.com Email: customerservice@epacsalarysolutions.com 2.1 WHAT IS SALARY PACKAGING? Salary Packaging is a means for accessing tax concessions that the Australian Taxation Office (ATO) allows not-for-profit organisations to offer their employees. 2.2 WHO IS ELIGIBLE FOR SALARY PACKAGING? The Synod full time and part time employees who have satisfactorily completed the required probationary period or extended probationary period are eligible for salary packaging. Staff who are interested in salary packaging are responsible for obtaining their own financial advice in relation to costs and benefits. 2.3 IS THERE A SALARY PACKAGING FORMULA? There is no standard salary package formula that will suit every employee and all packages will be a negotiated arrangement between the employer and employee. Normally, the employee will have an after-tax net benefit (at no additional cost to the employer) through salary packaging. People matter. Salary Packaging – Lay Staff Policy 3 2.4 HOW IS SUPERANNUATION CALCULATED ON A SALARY PACKAGE? Employees entering into salary packaging arrangements will be paid Superannuation Guarantee Contribution on the full value of the package, rather than on cash salary only. 2.5 INFORMATION AND SIGNED AGREEMENT Employees who elect to salary package will be provided with written information about the impact of salary packaging, including advice of costs, calculation of the expected benefits and an agreement. Both parties must sign an agreement which documents the terms of the arrangement prior to implementation of salary-packaging arrangements. 2.6 EMPLOYEE PAYMENT SUMMARY Under current ATO legislation all salary benefits must be reported in a separate section on an employee’s payment summary at the grossed up Type 2 rate amount. This is irrespective of whether it is a Type 1 or Type 2 benefit. While this amount will not attract income tax, it will be taken into account as income when assessing the Medicare levy and some other government payments and allowances. 2.7 BENEFITS WHICH MAY BE SALARY PACKAGED A range of options exists in relation to salary packaging benefits, however the Synod reserves the right to refuse particular benefits which may not be consistent with the Synod’s ethics and values. Examples of benefits which may be salary packaged include: (a) groceries (b) petrol (c) bills (d) retail shopping (e) personal loan payments (f) mortgage payments (g) school fees (h) car payments and running costs (i) All benefits must be non-cash items and would usually be paid to a third party. However, an employee can be reimbursed for expenditure they have incurred, but only after a receipt has been provided to EPAC Salary Solutions. 2.8 SALARY PACKAGING AND TAX DEDUCTIONS Employees cannot package an item that they subsequently wish to claim as a deduction on their tax return (for example, self-education expenses). People matter. Salary Packaging – Lay Staff Policy 4 2.9 SYNOD MOTOR VEHICLES – PRIVATE USE The amount of reportable fringe benefits, and the grossed up $30,000 limit before the full Fringe Benefit Tax (FBT) becomes payable, includes any private use of a Synod car as well as the salary packaging. Commuter use will, almost without exception, be deemed by the ATO to be private use. This applies even if the employee is on call, has no entitlement to use the vehicle for any private activity other than commuting, and the vehicle is a "pool car". This can potentially place someone over the $30,000 cap therefore it should be taken into account when finalising the amount the employee will be allowed to salary package if there is a likelihood they could be provided with commuter or greater use of an agency vehicle within the FBT year. 2.10 CONDITIONS OF PROVISION OF SALARY PACKAGING TO THE SYNOD EMPLOYEES It is the intention of the Synod to maintain a salary packaging program for eligible staff. However, where the relevant legislation, including but not limited to the Fringe Benefit Tax Act 1986 and the Income Tax Assessment Act is amended or other changes occur including but not limited to the sale or transfer of the business to another entity or person which have the effect of reducing or withdrawing the benefits of salary packaging to the Synod or the employee, the Synod will not be liable to make up the salary benefits lost by a staff member as a consequence of such changes. Where any changes increase the cost of packaging to the Synod, then these costs shall either be paid by the staff member participating in packaging or the staff member or the Synod may choose to cease the arrangement. For clarity, the parties agree that in the event that the salary packaging ceases to be an advantage to an employee, or an employee decides, for whatever reason, to stop participating in salary packaging, arrangements shall be made to reinstate the salary to the agreed amount packaged. Any costs associated with the conversion to salary shall be borne by the employee and the employer shall not be liable to make up any benefit lost as a consequence of an employee's decision to convert to salary. The Synod makes no claim or representation regarding the financial benefits of salary packaging for any individual employee and recommends staff considering salary packaging seek independent financial advice. The Synod shall not be responsible in any way for the cost or outcome of such advice. 2.11 SALARY PACKAGING AND TERMINATION OF EMPLOYMENT The total salary will be used as the basis for calculating all termination/ redundancy payments e.g. annual leave, annual leave loading, long service leave, severance and payments in lieu of notice. If the employee has a credit balance in their salary packaging account at the date of termination the amount owing will be paid on the date of termination and will be taxed as normal salary and wages. People matter. Salary Packaging – Lay Staff Policy 5