EMPLOYMENT PROCEDURE Title: Remuneration Packages Reference: Clause F16 Clause F16, of the Department of Infrastructure and Transport Enterprise Agreement 2011-2014 (Enterprise Agreement) contains the Department’s conditions that apply to Remuneration Packages. PURPOSE This Employment Procedure outlines the process, roles and responsibilities of departmental employees with regard to remuneration packages. CONTEXT Employees of the Department may elect to have access to flexible remuneration packages, where the: arrangement is cost neutral to the Department (employees will meet any costs incurred by the Department); employee will not seek to gain any other benefit, for example, Centrelink benefits, on the basis of a reduced take home pay due to a flexible remuneration package; and Department is not required to endorse any packaged item as being required for ‘predominately business use’. Remuneration packaging must also comply with relevant legislation such as the Fringe Benefits Tax Assessment Act 1986, Income Tax Assessment Act 1997, the Financial Management and Accountability Act 1997 and the Public Service Act 1999 (and subsequent amendments). About Remuneration Packaging Employees may elect to take non-monetary benefits in lieu of salary. Employees may package up to 100% of their salary. Any remuneration packaging arrangement must be cost neutral for the Department. All costs associated with remuneration packaging, including FBT, superannuation contribution tax and ongoing external administration costs, are to be met by the employee and may be included as part of an employee’s flexible remuneration package. Employees wishing to take advantage of flexible remuneration packages should seek independent financial advice from a registered financial advisor prior to the commencement of their flexible remuneration package. The Department and its service provider will not provide financial advice or advise employees of the FBT implications of their choices or any other associated issues in relation to remuneration packaging. It is an employee’s responsibility to seek financial advice to ensure they have a complete understanding of the financial implications of entering into a flexible remuneration package. Version Dec 2012 Department of Infrastructure and Regional Development Remuneration Packages REMUNERATION PACKAGING FOR SUPERANNUATION AND DEPARTMENTAL CAR PARKING ADMINISTERED THROUGH THE DEPARTMENT’S PAYROLL SYSTEM Procedure 1. Complete and sign an Agreement and an application form. Ensure you provide all superannuation fund statements/details as outlined in the application form. 2. Forward the completed Agreement and application form to the People and Performance Branch. 3. The forms will be checked for completeness and compliance with the Department’s policy and forwarded to the Payroll Team for processing. Please note that it can take up to 6 weeks to set up and process a remuneration packaging arrangement for superannuation through the Department’s payroll system. Fees and Charges There are no fees or charges associated with remuneration packages for superannuation or car parking purposes administered internally by the Department. Items that can be packaged through the Department Remuneration packaging to approved superannuation funds and for internal car parking are the only items that can be administered through the Department. For a superannuation fund to be approved, it must: be a complying fund in accordance with the Australian Taxation Office requirements; accept contributions fortnightly, via electronic funds transfer; and not require the Department to join, or otherwise register, with them prior to the superannuation fund accepting contributions from the Department. The Department retains the discretion, as to whether or not, to commence, or continue, remuneration packaging through the Department’s payroll system to superannuation funds. Remuneration packaging of contributions to the Public Service Superannuation Scheme accumulation plan (PSSap) is allowed under the PSSap rules. Please Note: Remuneration packaging of contributions to the Public Service Superannuation Scheme (PSS) Defined Benefits Fund and the Commonwealth Superannuation Scheme (CSS) is not allowed under the respective scheme rules administered by ComSuper. The rate for internal car parking is determined by the Secretary, or the Chief Operating Officer, and may vary from time to time. Amending a remuneration package administered by the Department Changes to a remuneration package for superannuation can only be made twice in any financial year unless extenuating circumstances arise and approval to vary contributions more frequently is granted by the General Manager, People and Performance Branch. 2 Version Dec 2012 Department of Infrastructure and Regional Development Remuneration Packages REMUNERATION PACKAGING ADMINISTERED THROUGH AN APPROVED EXTERNAL REMUNERATION PACKAGING PROVIDER The Department will enter into an arrangement with an external remuneration provider to enable employees to enter into a flexible remuneration package should they choose to. The Department will not limit items that can be packaged through the external provider. Items that may be packaged will be determined by the external provider. The approved external provider that the Department has entered into an arrangement with is SmartSalary. Employees can access the SmartSalary website here. PROCEDURE Employees are responsible for meeting all requirements imposed by the approved external remuneration package provider. Employees will need to contact the relevant provider to discuss what the procedures are. The Department will not contact the external remuneration package provider on behalf of employees. Fees and Charges The employee is responsible to cover any costs imposed by the external provider in setting up, terminating and/or administering the remuneration package. OBLIGATIONS ON SALARY Where employees have obligations placed on their salary, for example Judgement Debits, any flexible remuneration arrangement in place will be suspended until any such obligation on salary has been met. ON SEPARATION FROM INFRASTRUCTURE Internally administered remuneration packages for superannuation purposes and/or car parking will be ceased when an employee ceases their employment with Infrastructure. Employees should refer to the ENTR site for the specific steps involved in terminating a package when separating from the Department. On separation from the Department, all remuneration packaging arrangements will be terminated. ROLES AND RESPONSIBILITIES Employee’s responsibilities The employee is responsible: for all communications with the external remuneration packaging provider for all costs associated with remuneration packaging to ensure they are aware of any FBT or other tax implications; and 3 Version Dec 2012 Department of Infrastructure and Regional Development Remuneration Packages to ensure they have received financial advice prior to undertaking a remuneration packaging arrangement. People and Performance Branch (PPB) responsibilities PPB is responsible for: processing deductions from employee’s salary on advice from the external remuneration packaging provider; and processing deductions from employee’s salary on advice from the employee in relation to remuneration packaging managed through the Department’s payroll system DEFINITIONS Flexible remuneration packages are arrangements between the employer and the employee, where the employee agrees to forego part of their future entitlement to salary, or wages, in return for the employer providing benefits of a similar cost to the employee and must be cost neutral for the Department. Fringe Benefits Tax (FBT) is tax payable on a non-salary benefit provided to an employee. Under salary sacrificing the employee agrees to meet the cost of FBT. Salary Sacrificing Deed is an agreement between the Department and the employee outlining the terms and conditions under which the package will be administered by the Department. Salary Sacrificing Agreement is an agreement between the Department and the employee outlining the terms and conditions under which the remuneration packaging for salary sacrificing of superannuation will be administered by the Department. Departmentally Administered Remuneration Packages for superannuation and car parking purposes is a remuneration package arranged directly through the Department’s payroll without the use of a third party provider. RELATED PUBLICATIONS Fringe Benefits Tax Assessment Act 1986 Income Tax Assessment Act 1997 Financial Management and Accountability Act 1997 Public Service Act 1999. Author: People and Performance Branch Authorised by: Secretary 4 Version Dec 2012 Date: December 2012 Date: December 2012