AN120058 – Boarding House Staff (Independent Schools) (State) Award 2004
(i) This clause shall apply to those individual schools wishing to facilitate the provision of salary and benefit packages to individual members of staff covered by this award.
(ii) For the purposes of this clause:
(a) "Benefits" means the benefits nominated by the employee from the benefits provided by the school and listed in paragraph (c) of subclause (iv) of this clause.
(b) "Benefit Value" means the amount specified by the school as the cost to the school of the Benefit provided, including Fringe Benefit Tax, if any.
(c) "Fringe Benefit tax" means tax imposed by the Fringe Benefits Tax Act 1986.
(iii) Conditions of Employment
Except as provided by this clause, employees must be employed at a salary based on a rate of pay, and otherwise on terms and conditions, not less than those prescribed by this award.
(iv) Salary Packaging
The school may offer to provide and the employee may agree in writing to accept:
(a) the Benefits nominated by the employee; and
(b) a salary equal to the difference between the benefit value and the salary which would have applied to the employee or under subclause (iii) of this clause, in the absence of an agreement under this subclause.
(c) The available benefits are those made available by the school from the following list:
(1) superannuation;
(2) childcare provided by the school;
(3) other benefits offered by the school.
(d) The school must advise the employee in writing of the benefit value before the agreement is entered into.
(v) During the currency of an agreement under subclause (iv) of this clause:
(a) Any employee who takes paid leave on full pay shall receive the benefits and salary referred to in paragraphs (a) and (b) of subclause (iv) of this clause.
(b) If a employee takes leave without pay the employee will not be entitled to any benefits during the period of leave.
(c) if an employee takes leave on less than full pay he or she shall receive:
(1) the benefits; and
(2) an amount of salary calculated by applying the formula:
A = S x P% - [(100% -P%) x B], where:
S = the salary determined by paragraph (b) of subclause (iv) of this clause.
P = the percentage of salary payable during the leave.
B = benefit value.
A = amount of salary.
(d) Any other payment under this award, calculated by reference to the employee's salary, however described, and payable:
(1) during employment; or
(2) on termination of employment in respect of untaken paid leave; or
(3) on death, shall be at the rate of pay which would have applied to the employee under subclause (iii) of this clause, in the absence of an agreement under paragraphs (a) and (b) of subclause (iv) of this clause.
