Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) 1997 NO. 188

STATUTORY RULES 1997 No. 188

Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Salary) Regulations (Amendment)

The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme for Commonwealth employees called the Commonwealth Superannuation Scheme (CSS).

Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of that Act.

The Regulations will provide flexibility to employers and employees as allowed for under the Workplace Relations Act 1996 without affecting employees' accrued superannuation benefits.

Section 5 of the 1976 Act provides, among other things, that the regulations may prescribe that the annual rate of salary of an eligible employee on a particular day is an amount equal to such an amount as is worked out under the regulations. Regulations for the purposes of section 5 are contained in the Superannuation (CSS) Salary Regulations (the Principal Regulations). The rate of contribution payable under the Act by a member of the CSS is based on the member's annual rate of salary and the rate of pension payable generally is based on that salary.

The Workplace Relations Act 1996 provides for the making of certified agreements (CAs) and Australian workplace agreements (AWAs). Under these arrangements employers and employees may agree to vary terms and conditions of employment (including salary and allowances) applying in respect of an agency or an individual employee.

If no changes were made to the existing rules for determining the annual rate of salary of an employee for CSS purposes, the employee's annual rate of salary would be as ascertained under the 1976 Act and the Principal Regulations. This could limit the flexibility intended to be available to employers and employees under the workplace relations agreement making arrangements.

The Regulations will amend the Principal Regulations to provide additional flexibility to employers and employees to set an annual rate of salary for the purposes of the 1976 Act for a CS S member who is covered by a certified agreement or an Australian workplace agreement made under the Workplace Relations Act 1996. As not all CSS members will be employed under such agreements the proposed regulations will also apply to certain other employment agreements.

Employees accrued superannuation entitlements will not be affected by the Regulations.

Existing provisions in the 1976 Act ensure that accrued entitlements are maintained unless the member elects otherwise.

The Regulations will also delete the references to Airservices Australia and the Air Services Act 1995 from Schedule 1 to the Regulations, in accordance with a request from Airservices Australia, as these references will cease to be relevant when the proposed Regulations commence.

The Regulations commence on 1 July 1997. The details of the Regulations, are described in the attachment.

ATTACHMENT

SUPERANNUATION (CSS) SALARY REGULATIONS (AMENDMENT)

The details of the amending Regulations are as follows:

Clause 1

This provides that these Regulations commence on 1 July 1997.

Clause 2

This provides that the Superannuation (CSS) Salary Regulations (the Principal Regulations) are amended by these Regulations

Clause 3

This clause inserts Part 2EA after Part 2E of the Principal Regulations. Part 2EA is comprised of regulations 8QC and 8QD.

Regulation 8QC defines for the purposes of Part 2EA the meaning of the terms "agreement", "AWA", "certified agreement" and "relevant agreement".

Regulation 8QD provides for the setting of annual rate of salary for CSS purposes in respect of certain employees employed under an AWA, a certified agreement or a relevant agreement.

Subregulation 8QD(1) provides that, despite any other provision in the Principal Regulations, regulation 8QD applies to a CSS member who is a party to an agreement in which express provision is made that the annual rate of salary for CSS purposes is an amount mentioned in or ascertained under the agreement.

Subregulation 8QD(2) provides that the annual rate of salary on a particular day of an employee to whom regulation 8QD applies is an amount equal to the amount agreed, as referred to subsection 8QD(1).

Clause 4

This omits the reference to Airservices Australia at item 1 in Part 1 of Schedule 1 to the Principal Regulations, and the reference to the Air Services Act 1995 at item 2 in Part 2 of Schedule 1 to the Principal Regulations. The references are no longer required because Airservices Australia intend to make arrangements in accordance with the new regulation 8QD.