(1) This Policy governs the payment of remuneration for selected members of the Senate and an external chair of a Senate sub-committee. (2) This Policy applies to external members of the Senate appointed or elected pursuant to clauses 13.2(a), (b), (f) and (g) of the Constitution. It also applies to an external chair of a Senate sub-committee defined in section 8 of this Policy. (3) This Policy does not apply to: (4) In this Policy, the following words and expressions have the meanings listed below: (5) The provision for appropriate Senator remuneration, as set out in this Policy, recognises the important statutory duties that Senators have as Directors under the Corporations Act 2001 (Cth) and that Senators and any external chair of a Senate sub-committee have as Responsible Persons under the Australian Charities and Not-for-profits Commission Act 2012 (Cth). (6) Clauses 13.10(i) and 20.4(a)(viii) of the Constitution prohibit the Chancellor, Pro-Chancellor and certain Senators from receiving any profit from the Corporation without the prior leave of the Members of the Corporation in a general meeting. (7) In approving this Policy, the Senate recognises that a number of Senators will be required to declare a conflict of interest in the subject matter of the Policy. Accordingly, this Policy remains ineffective until the Members of the Corporation in general meeting either: (8) Remuneration in accordance with this Policy is to be paid to the categories of Senator and an external chair of a Senate sub-committee referred to in clause (2) of this Policy only. (9) Remuneration of Senate members is in recognition of all activities and functions related to Senate membership, including: (10) Remuneration of an external chair of a Senate sub-committee is in recognition of all activities and functions related to the sub-committee, including: (11) The rates of remuneration from time to time, and the basis for the determination of the rates of remuneration (including any external benchmark and the method of calculation) shall be included in Appendix 1 and shall be reviewed and indexed on an annual basis against CPI in accordance with the benchmark adopted for the determination of the remuneration rates. (12) Remuneration will be paid fortnightly via the ACU staff payroll system in the usual fortnightly pay run. (13) All payments will be made by ACU by direct deposit to an account nominated by the relevant Senate member or Senate sub-committee chair to the Chief People Officer via the Legal, Assurance and Governance Directorate. (14) Senate members and any Senate sub-committee chair may choose not to be remunerated or may choose to use the value of their remuneration as a contribution to the Giving to ACU program. This option shall be communicated by the relevant Senator in writing to the Chief People Officer via the Legal, Assurance and Governance Directorate. Should any Senator choose not to be remunerated, the full value of the remuneration outlined in Schedule 1, as indexed annually for CPI (excluding the equivalent of any PAYG taxation and superannuation that would have been deducted or paid if the remuneration had been paid to the relevant Senator directly), will be paid directly by ACU to the Giving to ACU program nominated by the Senate member or Senate sub-committee chair at the direction of the Chief People Officer. (15) In the event that a Senate member or any Senate sub-committee chair participates in the activities of the Senate or its sub-committees by an arrangement with their substantive employer that involves time-release without compensation to the Senator's or chair’s employer for the time contributed to ACU activities, the relevant Senator or sub-committee chair may, with written advice to the Chief People Officer via the Legal, Assurance and Governance Directorate: (16) Senate members and any Senate sub-committee chair who commence or retire during any pay period will be paid a pro-rata rate based on the number of weeks that they occupied their substantive role. (17) All remuneration detailed in Appendix 1 is expressed exclusive of superannuation but is superannuable at the prevailing rate for the Commonwealth Superannuation Guarantee (CSG). (18) PAYG taxation is payable on all remuneration payments made to Senate members and any Senate sub-committee chair and will be deducted from payments made by ACU. (19) Remuneration shall be paid to individual Senate members and any Senate sub-committee chair and will not be paid to companies or trusts. This exclusion does not apply where the remuneration is donated in accordance with clause (14) or paid to the substantive employer of a Senate member or Senate sub-committee chair upon receipt of a recipient created tax invoice. (20) If a Senate member or Senate sub-committee chair is absent from consecutive meetings of the Senate or relevant sub-committee of which due notice has been given in a period of six months without prior leave of the Senate, remuneration payments may be adjusted, reduced or suspended at the discretion of the Chancellor for that period. In the case of the Chancellor, the President of the Corporation shall determine any adjustment required. (21) The ACU Staff Enterprise Agreement does not apply to Senate members and any Senate sub-committee chair to whom this Policy applies. (22) Senate members and any Senate sub-committee chair to whom this Policy applies are not eligible to receive any of the leave or other entitlements outlined in the ACU Staff Enterprise Agreement. (23) Senate members and any Senate sub-committee chair are covered, at ACU’s cost, by ACU’s Directors and Officers Insurance Policy. (24) It is the responsibility of each individual Senate members and any Senate sub-committee chair to obtain financial, taxation and/or legal advice in relation to the payment of remuneration made in accordance with this Policy. (25) Where a Senate members and any Senate sub-committee chair accepts remuneration in accordance with this Policy and is entitled to choose their own superannuation fund, ACU shall provide the Senate member and any Senate sub-committee chair with a Standard Choice Form within 28 days of the date of commencement of this Policy or within 28 days of the date of commencement of the Senate member or Senate sub-committee chair, whichever occurs first. (26) Senate members and any Senate sub-committee chair remain responsible for obtaining any external approvals (including from their substantive employer, if relevant) that may be required before accepting remuneration from ACU. (27) ACU may, at its discretion, bestow additional, non-financial benefits on Senate members and any Senate sub-committee chair including travel, accommodation, technology (e.g. access to an iPad), training and development and reimbursement of all reasonable expenses incurred by the Senate member or any Senate sub-committee chair in fulfilling their duties to ACU outlined in clauses (9) and (10) of this Policy. (28) The Senate is the Approval Authority for this Policy and is responsible for approving this Policy and any amendments subject to clause (7). (29) The Senate Standing Committee, chaired by the Chancellor, is the Governing Authority for this Policy and is responsible for reviewing the principles of remuneration and the quantum of remuneration, including reviewing the benchmarked remuneration rates on an annual basis. (30) The Director, Legal, Assurance and Governance is the Responsible Officer for this Policy and is responsible for monitoring the implementation of the Policy and supporting the Governing Authority in reviewing and updating the Policy, as required, and advising the Governing Authority on updates to the rates of remuneration. (31) In line with the University's Policy Development and Review Policy, this policy is scheduled for review every year for the explicit purpose of reviewing the remuneration rates and principles outlined in Appendix 1. (32) Further assistance in relation to the application and operation of this Policy may be sought from the Director, Legal, Assurance and Governance. (33) The Remuneration Schedule comprises an aggregate based on sector benchmarking[1] using three comparable institutions (Charles Sturt University (NSW), RMIT (VIC) and James Cook University (QLD)). (34) The remuneration is calculated with reference to a cascading formula based on the Benchmark Rate for the Chancellor, two-thirds of the Benchmark Rate for the Pro-Chancellor and one-third of the Benchmark Rate for relevant Senators and any external sub-committee chair. (35) Remuneration rates are: (36) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Senate and Senate Sub-Committee Remuneration Policy
Section 1 - Purpose
Section 2 - Scope / Application
Top of PageSection 3 - Definitions
Top of Page
Term
Definition
Benchmark Rate
means the highest rate of remuneration payable to the Chancellor (Clause 13.2(a) of the Constitution) against which the remaining rates of remuneration are calculated in accordance with the Remuneration Schedule in Appendix 1
Constitution
means the Constitution of Australian Catholic University Limited (ACN 050 192 660)
Corporation
means Australian Catholic University Limited (ACN 050 192 660)
CPI
means the Consumer Price Index
CSG
means the Commonwealth Superannuation Guarantee determined from time-to-time by the Superannuation Guarantee (Administration) Act 1992 (Cth) or comparable legislation
Senate
means the governing authority of the Corporation in accordance with clause 13.1 of the Constitution made up of the board of directors of the Corporation in accordance with the definition in clause 32.1 of the Constitution.
Senate sub-committee
means the Governing Bodies listed in Statute 2.2 - Governing Bodies: The Finance and Resources Committee, Statute 2.3 - Governing Bodies: The Audit and Risk Committee, Statute 2.9 - Governing Bodies: The Honorary Awards Committee and Statute 2.10 - The Senate Standing Committee
Section 4 - Policy Statement and Principles
Remuneration and the Constitution
Remuneration Principles
Remuneration Payments
Enterprise Agreement
Insurance
Financial Advice
Choice of Superannuation Fund
External Approvals
Additional Benefits
Section 5 - Roles and Responsibilities
Approval Authority
Governing Authority
Responsible Officer
Section 6 - Review
Section 7 - Further Assistance
Section 8 - Appendix 1 – Remuneration Schedule
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Section 9 - Associated Information
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[1] Benchmarking conducted by the Association of Australian University Secretaries in June 2020.
Role
Authority for appointment or election
Remuneration
Chancellor
Clause 13.2(a) of the Constitution
$76,117
Pro-Chancellor
Clause 13.2(b) of the Constitution
$50,237
Elected Senator (‘State Chapter’)
Clause 13.2(f) of the Constitution
$25,119
Elected Senator(‘Panel’)
Clause 13.2(g) of the Constitution
$25,119
Sub-committee Chair
$25,119