Advice is not required when complying with superannuation arrangements
Employers may be required to adjust an executive’s superannuation benefits to comply with the Superannuation Guarantee (Administration) Act 1992 (Cth). The Tribunal considers that its advice is not required where an employer is complying with statutory provisions regarding superannuation benefits. This includes cases where that adjustment to an executive’s superannuation benefits results in:
- an executive, for the first time, being paid above the maximum of the relevant remuneration band
- an executive, who is currently paid above the maximum of the relevant remuneration band, being paid further above the band.
Advice is not required in other circumstances
The Tribunal considers that an employer is not required to seek its advice where an executive has been reclassified under the Victorian Public Entity Executive Classification Framework during their contractual term, and this results in the executive being paid above the band.
The Tribunal considers that this does not constitute a “proposal” to pay above the remuneration band given contractual arrangements are already in effect.
An employer must seek the Tribunal's advice if it proposes to continue paying the executive above the maximum of the relevant band on reappointment of the executive or because of a mid-contract remuneration review or if there is a new appointment.
Updated