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
Overview
The Remuneration Tribunal Act 1973 was enacted to ensure that remuneration and other benefits for holders of public office are fair and reasonable. This legislation empowers the Remuneration Tribunal to inquire into and determine the entitlements of public office holders, including their recreation leave. The explanatory statement for Determination 2012/11 indicates that the Tribunal has used its authority under this Act to specify the recreation leave entitlements for full-time holders of relevant offices, a task that involves consultation in accordance with established practice. This determination, effective from 1 July 2012, supersedes previous determinations and includes new definitions for terms such as "Reference Salary" and "Employer’s Superannuation Contribution". Importantly, it ensures that the entitlements are compatible with human rights as recognised by international instruments, without engaging any applicable rights or freedoms. The overall policy objective is to provide clear and consistent guidelines for recreation leave entitlements, ensuring they are fairly applied to full-time public office holders, while excluding certain categories such as judicial office holders and principal executive officers.
Scope and Application
The Remuneration Tribunal Determination 2012/11, under the authority of the Remuneration Tribunal Act 1973, pertains to the recreation leave entitlements of full-time public office holders of relevant offices, excluding those covered by the Judicial and Related Offices Determination and Principal Executive Office Determination. This determination applies to office holders who are full-time and excludes part-time holders, as the Act limits the Tribunal's authority for recreation leave determinations to full-time office holders. The Determination, effective from 1 July 2012, supersedes previous determinations and introduces new definitions such as "Reference Salary" and "Employer’s Superannuation Contribution." It ensures that office holders accrue four weeks of paid recreation leave for each completed 12 months of service, to be paid at their normal weekly salary, and maintains provisions for carrying over unused leave credits from other Commonwealth employment. The application of this Determination does not affect the rights of any person to their disadvantage, nor does it impose any liability on them, as per subsection 12(2) of the Legislative Instruments Act 2003.
Key Provisions
The Remuneration Tribunal, in accordance with section 7(3AA) of the Remuneration Tribunal Act 1973, has made a determination regarding recreation leave entitlements for full-time public office holders of relevant offices. This determination supersedes previous ones, specifically Determination 2007/09, and it took effect on 1 July 2012. It does not apply to office holders covered by the Judicial and Related Offices Determination or to part-time office holders, as the Act restricts the Tribunal's authority for determining recreation leave to full-time positions.
The obligations under this Determination require that office holders accrue four weeks of paid recreation leave for every 12 months of completed service, calculated on a pro rata basis. This leave is to be paid at the office holder's normal weekly salary, which includes payments made during periods of recreation leave. Office holders are also permitted to carry over unused leave credits from other Commonwealth employment. The Determination maintains the administrative and approval processes for recreation leave as outlined in the previous Determination. Furthermore, the rate of remuneration used for calculating a payment in lieu of recreation leave is to be the office holder's Reference Salary, defined as Total Remuneration less the attributed value of the employer’s contribution to superannuation.
Breaching the provisions of this Determination could potentially lead to legal consequences. However, the explanatory statement does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. It is likely that any breach of the Remuneration Tribunal's determinations would be subject to the general legal consequences applicable to breaches of statutory provisions, which could include fines, penalties, or other legal remedies under the Remuneration Tribunal Act 1973 or relevant administrative law principles. The maximum penalties would depend on the specific nature of the breach and the jurisdiction in which it is adjudicated.