University Governing Council Members No. 1 of 2024

PREAMBLE

Statutory context

(1)    In accordance with section 6(1)(ea) of the Salaries and Allowances Act 1975 (the Act), the Salaries and Allowances Tribunal (the Tribunal) is required to inquire into and determine, on an annual basis, the remuneration provided to members of University Governing Councils. These apply only to the four public universities based in Western Australia (namely, Curtin University, Edith Cowan University, Murdoch University and The University of Western Australia).

(2)    The Tribunal’s last Determination was issued on 21 November 2023.

Inquiry

(3)    The Tribunal has reviewed the operation of the previous Determination and invited submissions from the respective Universities.

(4)    The Council of Curtin University, Council of Edith Cowan University (ECU) and the Senate of Murdoch University each provided a submission. No submission was received from the University of Western Australia.

Conclusion

(5)    The Tribunal has determined to increase remuneration by 4% across all categories. This increase is consistent with the decisions made by the Tribunal across its other jurisdictions in 2024.

(6)    The Tribunal has also supported the requests by the Council of ECU and the Senate of Murdoch University to establish and maintain parity respectively with the rates provided to Curtin University. 

(7)    The Tribunal has re-affirmed its decision from past determinations not to support the Council of ECU’s request for equivalent remuneration for student and non-student members. Currently ECU remunerates student members at half of the non-student member rate. The Tribunal maintains the view that non-student members of the Council are remunerated for the greater depth of skills and external experience they bring to the Council, whereas it is unlikely that  student members will have an equivalent depth of capacity in these areas. Accordingly, the Tribunal has determined to maintain the 50% difference in remuneration between student and non-student members of the Council of ECU.

(8)    To ensure parity, the Tribunal has decided to increase the student remuneration rates for Curtin and Murdoch Universities from 33% to 50% of the equivalent non-student rate.

(9)    The Tribunal has also removed clauses from the determination relating to the requirement that members must make an annual application to the respective governing council to receive the remuneration determined. Members should now receive their determined remuneration automatically without the administrative requirement to apply for the remuneration.

(10)   The Tribunal acknowledges that, while it has the power to determine the remuneration for University Governing Council members, any remuneration must be met from within University existing budgets and must be for the fulfilment of University strategic objectives.

(11)   By necessity, any remuneration determined is done in consultation with each University. The Tribunal will continue to liaise with the sector to ensure the fee structure remains relevant for each University.

The determination will now issue.

PART 1    INTRODUCTORY MATTERS

1.1    Short Title

This Determination may be cited as the University Governing Board Members No. 1 of 2024.

1.2    Commencement

This Determination comes into operation on and from 1 January 2025.

1.3    Content and intent

(1)    Pursuant to section 6(1)(ea) of the Salaries and Allowances Act 1975 (‘the Act’) this determination provides for the salary, allowances and other benefits to be paid, provided or reimbursed to a person holding any of the following offices:

        (a)    Member of the Council of Curtin University;

        (b)    Member of the Kalgoorlie Campus Council of Curtin University;

        (c)    Member of the Council of Edith Cowan University;

        (d)    Member of the ECU South West Campus (Bunbury) Advisory Board;

        (e)    Member of the Advisory Board of the Western Australian Academy of Performing Arts (ECU);

        (f)    Member of the Senate of Murdoch University; or

        (g)    Member of the Senate of the University of Western Australia.

(2)    This Determination fulfils the Tribunal’s obligations under section 8 of the Act with respect to offices identified in section 6(1)(ea).

1.4    References to Dates

(1)    In this Determination, a reference to “a year” or “per annum” relates to a calendar year.

(2)    Where benefits or entitlements are provided with specific reference to “a year” or “per annum”, these cease on and from 31 December each year and, unless otherwise specified in this Determination, no unexpended amount can be carried over to later years.

1.5    Pro rata payments

The amount of a person’s entitlement to remuneration specified in this determination shall be apportioned on a pro rata basis according to the portion of a year that the person holds office.

1.6    Terms used

In this Determination, unless the contrary intention appears –

Committee Chairperson means Chairperson of a designated committee of a University Governing Council.

Committee Member means a Member of a designated committee of a University Governing Council.

remuneration means salary, allowances, fees, emoluments and benefits (whether in money or not).

Tribunal means the Salaries and Allowances Tribunal.

PART 2    REMUNERATION

2.1    Eligibility Criteria

(1)    Members are ineligible to receive any remuneration fees if they are:

        (a)    On the public payroll, including all current full time State, Commonwealth and Local Government employees, including Western Australian statutory authorities;

        (b)    Members of Parliament;

        (c)    Current and retired judicial officers;

        (d)    Former Member of Parliament and less than 12 months has passed since sitting in parliament.

(2)    Part time employees of State, Commonwealth and Local Government public services, including Western Australian statutory authorities are eligible for remuneration fees only if the member can clearly demonstrate that the work of the Governing Council will happen in their own time.

(3)    University Governing Councils may create Committees from within the membership of the Council, such as Audit and Compliance Committees, that are eligible for remuneration at the Committee Chairperson/Member rates described in Part 2.2. In doing so the Governing Council must:

        (a)    Designate each Committee as being eligible for remuneration at the higher level through the policies and procedures of the university; and

        (b)    Ensure that each Committee has sufficient scope and workload to justify the higher level of remuneration.

2.2    Remuneration

(1)    Members of certain University Governing Councils are eligible to receive remuneration fees specified in the Table below, subject to the eligibility criteria in Part 2.1.

(2)    Each member is entitled to the remuneration applicable to one category only, the remuneration levels are not cumulative.

(3)    If an eligible member has entered into an arrangement with an employer which provides that the remuneration payments are to be paid to the employer as part of the member’s conditions of employment, payment will be made to the employer.

(4)    Remuneration payments will be subject to PAYG tax under Australian Taxation Office legislation. Employer superannuation guarantee contributions, levies and payroll tax are additional to the amounts shown below and will be payable by the University. 

PART 3    EXPENSES

3.1    General

(1)    All members of a Governing Council may, upon application to the University, be reimbursed for reasonable out of pocket expenses for which they are not otherwise reimbursed.

(2)    The expenses must have been incurred while preforming Council approved duties.

(3)    Reimbursements should not be used so that a member receives any personal benefit from the reimbursement.

(4)    Each University should develop guidelines on what is considered an approved expense.

(5)    Any reimbursements must be approved by the Council or by an appropriate approving authority of the University.

(6)    All claims for reimbursement must be supported by documentation such as receipts.

3.2    Reimbursement of Expenses

(1)    Travel expenses to and from approved University events may be claimed, subject to the approval of the Governing Council, and shall not exceed the rates outlined in the reimbursement of travel expenses, located on the Public Sector Commission website under “Remuneration of Government Boards and Committees”.

(2)    A University may approve professional development expenses for members to be covered/reimbursed subject to the approval of the University Governing Council.

(3)    Any other reasonable out of pocket expenses may be approved subject to the relevant approvals of the University Governing Council.

Signed on 21 November 2024