Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subregulation (6) and regulations 6 and 6A, in these
regulations —
"remuneration" means the monetary value,
determined by the Employer, of all payments, benefits and allowances that
—
(a) a
Member is entitled to in his or her capacity as a worker; and
(b)
the Employer, or a person authorised by the Employer, has certified that the
Member —
(i)
is likely to continue to be entitled to while the Member
continues to hold the job held at the time of the certification; or
(ii)
would be likely to continue to be entitled to if the
Member were to continue to hold that job,
other than amounts
excluded by subregulation (2) or (3).
(1a) The
“payments, benefits and allowances” referred to in the definition
of “remuneration” include a payment, benefit or allowance that is
payable only in particular circumstances if —
(a) it
will be paid to the Member whenever those circumstances arise; and
(b)
the Employer reasonably expects those circumstances to arise in relation to
the Member from time to time.
(2) The remuneration
of a Member does not include —
(a)
payments for overtime (but not payments instead of overtime);
(b)
bonuses;
(c)
payments in lieu of leave;
(d)
allowances for rent, accommodation, subsistence, travelling or expenses;
(e)
equipment allowances;
(f)
climatic allowances;
(g)
payments as a consequence of the termination of a job; or
(h)
payments, benefits or allowances that the Board determines are to be regarded
as not being part of the Member’s remuneration because they are of a
similar nature to those referred to in paragraphs (a) to (g).
(3) The remuneration
of a Gold State Super Member also does not include —
(a)
special allowances (as defined in regulation 12);
(b)
annual leave loading;
(c)
compensation in lieu of the opportunity for private practice;
(d)
benefits under the Act;
(e)
contributions to the Fund, other than contributions made under a
salary sacrifice agreement; or
(f)
payments, benefits or allowances that the Treasurer determines for the time
being are not part of a Member’s remuneration.
(4) A certificate for
the purposes of paragraph (b) of the definition of “remuneration”
may —
(a)
express the payment, benefit or allowance as a monetary amount or as a
percentage of all or part of the remuneration; and
(b) be
given in relation to one Member or a class of Members.
(5) A
determination —
(a)
under subregulation (3)(f); or
(b) by
an Employer as to the value of any non-money payment, benefit or allowance,
that would reduce the
remuneration of a person who was a Member at the time the determination was
made does not apply to the Member unless the Member gives notice to the Board
consenting to its application to the Member.
(6) If a
Member’s remuneration is reduced and the Board is satisfied that the
reduction is not attributable to —
(a) the
misconduct or inefficiency of the Member; or
(b) a
reduction in the number of hours worked by the Member,
the Board may
determine the Member’s remuneration to be —
(c) the
Member’s remuneration before it was reduced;
(d) an
amount representing the notional remuneration from time to time attributable
to the job held by the Member immediately before the reduction; or
(e) some
other notional remuneration that the Board considers appropriate.
(7) A determination
under subregulation (6) ceases to be in force if the Member’s actual
remuneration increases to more than the amount of remuneration specified in
the determination.
[Regulation 5 amended in Gazette 29 Jun 2001
p. 3080; 10 Dec 2004 p. 5895.]