REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2012/11
Recreation Leave for Full-Time Holders of Relevant Offices
1. The Remuneration Tribunal has inquired into and determined the Recreation Leave entitlements for full-time public office holders of relevant offices, as it is empowered to do by the Remuneration Tribunal Act 1973 (the Act).
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
4. This Determination is compatible with the human rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination does not engage any of the applicable rights or freedoms.
PART 1 – GENERAL
5. Clause 1.1 specifies the authority for the Determination.
6. Clause 1.2 sets a date of effect for the Determination of 1 July 2012.
7. Clause 1.3 specifies that the Determination supersedes Determination 2007/09 (as amended), and another Determination that amended 2007/09.
8. Clause 1.4 has been amended to include a definition of a new term, Reference Salary, at clause 1.4.4, and a new clause for a definition of a new term Employer’s Superannuation Contribution at clause 1.4.8.
9. Clause 1.5 (in conjunction with the definitions) sets out the coverage of the Determination. Where enabling legislation states that the Tribunal can determine recreation leave entitlements for an office holder this Determination applies except for Offices contained in the Judicial and Related Offices Determination (those office holders are covered by that Determination). The Principal Executive Office (PEO) Determination contains a recreation leave provision for PEOs; this Determination does not apply to PEOs (they are not a ‘public office’ under the Act). The Determination does not apply to part-time office holders as the Act limits the Tribunal’s authority for determining recreation leave to full-time office holders.
PART 2 – RECREATION LEAVE AND RELATED MATTERS
10. Clause 2.1 provides that office holders accrue, on a pro rata basis, a credit of four weeks paid recreation leave for each completed 12 months of service. It also provides that recreation leave is to be paid at an office holder’s normal weekly salary, making it clear that normal annual salary encompasses payments made during periods of recreation leave.
11. Clause 2.2 maintains the provision, contained in the previous Determination, for office holders to carry over unused leave credits from other Commonwealth employment.
12. Clause 2.3 recognises unused credits available under the previous Determination.
13. Clause 2.4 maintains the administrative arrangements for recreation leave outlined in the previous Determination.
14. Clause 2.5 maintains the approval process outlined in the previous Determination.
15. Clause 2.6 provides that the rate of remuneration used for calculating a payment in lieu of recreation leave is to be the office holder’s Reference Salary which is defined in clause 1.4.4 as Total Remuneration less the attributed value of the employer’s contribution to superannuation.
Authority: Sub-section 7(3AA)
of the Remuneration Tribunal Act 1973