Document ID: chunk:federal_register_of_legislation:C2024C00345:section:323m
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 323M
Character Range: 529327–531273

323M  Administrator's remuneration etc.
 (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.
 (2) The remuneration is to be paid from the funds of the CFMEU.
 (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.
 (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:
 (a) the period during which the work is likely to be performed by the administrator; and
 (b) the complexity (or otherwise) of the work likely to be performed by the administrator; and
 (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and
 (d) any other matters the General Manager considers relevant.
 (5) Nothing in paragraph (4)(c) requires the administrator to keep timesheets or other records of hours worked.
 (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.
 (7) A determination made under subsection (3) is not a legislative instrument.
 (8) To avoid doubt:
 (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and
 (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.

Division 2—Persons removed from office etc. as a result of scheme for administration