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Division 5: Salary non-reduction provisions

3.2.48 Purpose

This Division sets out the way a member's salary rate can be preserved for a period when it would otherwise be reduced.

Note: This Division does not apply to an other rank member on appointment and commissioning.

See:DFRT Determination No. 2 of 2017, Salaries, Division B.2 section B.2.5, Rate of salary on advancement from Other rank

3.2.49 Definitions

This table defines terms used in this Division.

Definitions
Term Definition

Relevant employment category

Means an employment category listed in either of the following for the purposes of salary non-reduction.

  1. Subsection 3.2.52.3 column A of table item 2.
  2. Column B of the following Annexes.
    1. Annex 3.2.B – Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower
    2. Annex 3.2.D – Salary non-reduction – Officers

3.2.50 Member this Division applies to

This Division applies to a member whose salary would otherwise reduce in one of the following circumstances.

  1. The member's Service transfers them from one employment category to another employment category.

  2. The employment category the member holds is transferred to a lower pay grade by the DFRT.

  3. The employment category the member holds is restructured.

  4. The specialist career structure that the member is paid under is restructured.

  5. The member is promoted from the rank of Colonel to Brigadier, and the member was formerly in any of the following classes.

    1. The member was formerly paid a salary for pay grade 9 or 10, derived from Part 1 or 2 of Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.

      See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.3, Officer salary rates

    2. The member's salary was formerly derived from Schedule B.6 of DFRT Determination No. 2 of 2017, Salaries.

      See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.6, Specialist Officer – Dental Officer

    3. The member's salary was formerly derived from Schedule B.7 of DFRT Determination No. 2 of 2017, Salaries.

      See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.7, Specialist Officer – Legal Officer

    4. The member's salary was formerly derived from Schedule B.8 of DFRT Determination No. 2 of 2017, Salaries.

      See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.8, Specialist Officer – Medical Officer

3.2.51 Member this Division does not apply to

This Division does not apply to a member whose salary would reduce in any of the following circumstances.

  1. The member's performance of duty is not satisfactory.

  2. The member is subject to disciplinary action.

  3. The member is subject to administrative sanction.

  4. The member chooses to transfer to another employment category.

  5. The member is reduced in rank.

  6. The member ceases to hold a competency that exists under the specialist career structure, for which salary was previously payable to the member.

  7. The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that would provide salary non-reduction for the member.

3.2.52 Salary non-reduction period

  1. Salary is payable to a member at the rate of salary payable to them immediately before they became eligible under this Division, for a period set out in subsection 3. This is known as a salary non-reduction period.

  2. A member's non-reduction salary rate may be adjusted in accordance with the following conditions if applicable.

    1. The member may continue to be paid an annual increment of salary. The incremental rate is payable as if the pay grade or specialist career structure for which the member's salary non-reduction is payable had continued to operate.

    2. The preserved rate (if applicable) payable to the member is adjusted in the same proportion as any general salary increase determined from time to time for the ADF by the Defence Force Remuneration Tribunal.

      See: Division 3, Increments

    3. A specialist officer may be taken to continue to hold a salary under a scale of rates that has previously been preserved for the specialty, if express transition or conversion arrangements are not made for the officer.

  3. For subsection 1, the salary non-reduction period applies to a member who meets the conditions in column A of the following table for the period starting on the date in column B and ending on the date in column C.

    Relevant period
    Item

    Column A

    Conditions

    Column B

    Start date

    Column C

    End date

    1.

    A Warrant Officer Class 1 or lower who is in a pay grade in column A of Part 1 or Part 2 of Annex 3.2.B and holds a relevant employment category and meets any conditions specified for that category in column B.

    The date listed in column C of the relevant Part of Annex 3.2.B.

    The earlier of the following.

    1. The date listed in column D of the relevant Part of Annex 3.2.B.
    2. The day the member ceases to meet a condition specified for the relevant category.
    3. An officer who is in a pay grade in column A of Annex 3.2.D and holds a relevant employment category in column B. The date listed in column C of Annex 3.2.D. The date listed in column D of Annex 3.2.D.
    4. Not described in table item 1, 2 or 3. The day the member becomes eligible under section 3.2.50.

    he later of the following days.

    1. After 18 months.
    2. A day later than 18 months decided by the CDF.
  4. A member's salary non-reduction period ends if the salary payable to the member under schedule B.3, B.10 or B.12 of DFRT Determination No. 2 of 2017, Salaries, increases to a rate higher than the rate that is payable to the member under subsection 1.

    See: Part 1
    Schedule B.3, Officer salary rates
    Schedule B.10, Warrant Officer Class 1 salary rates
    Schedule B.12, Other Rank salary rates

3.2.52A Salary non-reduction - Air Force Flight Test Engineer

  1. A member of the Air Force who was in pay grade 7 on 3 May 2006 is eligible for the rate of salary that was payable to them immediately before this Division applied to them if they meet all of the following.

    1. The member holds the rank of Squadron Leader.

    2. They are an Aeronautical Engineer with Flight Test Engineer qualifications.

    3. They are posted to or are in a designated flying position or flying-related position.

  2. The member's salary non-reduction period ends on the earlier of the following.

    1. Three years after the day the member ceases to be employed as a Flight Test Engineer in a designated flying position or flying-related position

    2. The day the member ceases to be qualified for a designated flying position or flying-related position.

    3. The day the member’s liability to fly has been withdrawn.

    4. The day the earlier of any of the following occurs.

      1. The member is promoted to Wing Commander.

      2. The member's service in the Permanent Force ends.

3.2.53 Service during salary non-reduction period to count for certain purposes

  1. The member's service during a period of salary non-reduction is to be treated as service for determining rank and incremental advancement.

  2. This section does not apply if the member's rank or pay grade has been reduced for reasons other than those listed in section 3.2.50.

    See: Section 3.2.50, Member this Division applies to

3.2.55 Retention of pay grade

A member who ceases to be eligible for a pay grade may continue to be paid, at the rate applicable for the member's rank and increment in that pay grade, if all of the following circumstances are met.

  1. The CDF determines the member remains liable to serve in the employment category and (if relevant) the classification that the pay grade related to.

  2. The CDF approves the payment at that pay grade if it is reasonable having regard to the following.

    1. For an other rank member – whether the member holds qualifications otherwise required for payment at that pay grade, for a period of up to three years.

    2. For a Warrant Officer Class 1 – any relevant instruction or direction made under sections 9 and 10 of the Defence Act 1903.

    3. For an officer – any relevant instruction or direction made under sections 9 and 10 of the Defence Act 1903.

Persons who can make the decisions under paragraph 3.2.55.a and paragraph 3.2.55.b on behalf of the CDF:
Director Navy People Career Management Agency
Director General Navy People
Head Navy People Training and Resources
Director Soldier Career Management – Army
Director Officer Career Management – Army
Director General Army People Capability
Director Personnel – Air Force
Director General Personnel – Air Force

3.2.56 Non-reduction supplement for Other Rank members

  1. A non-reduction supplement is to be paid to a member who meets both the following conditions.

    1. On any day after 23 December 2008 and before 1 July 2009, the member is paid salary at a rate higher than that payable under schedule B.10 or B.12 of DFRT Determination No. 2 of 2017, Salaries, as amended from time to time.

    2. See: Part 1
      Schedule B.10, Warrant Officer Class 1 salary rates
      Schedule B.12, Other Rank salary rates

    3. The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 2 of 2017, Salaries, on 24 December 2008.

  2. The rate of non-reduction supplement is the difference between the rate described in paragraph 1 .a and the rate payable to the member under DFRT Determination No. 2 of 2017, Salaries, paid to the member as both the following amounts.

    1. A one-off payment for the period 24 December 2008 to 27 February 2009 .

    2. A fortnightly payment.

  3. This section ceases to apply to a member from the earliest of the following days.

    1. The day that the rate of salary payable to the member under DFRT Determination No. 2 of 2017, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this section.

    2. The day that there is a subsequent change of circumstances of the member that would end or vary the entitlement to the rank and pay grade on which the non-reduction supplement was based.

      Example: The member is reduced in rank or voluntarily changes employment category to work in a new trade.

    3. The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT.

3.2.57 Non-reduction supplement for Other Rank members of the Reserves

  1. A non-reduction supplement is to be paid to a member of the Reserves who meets both the following conditions.

    1. On any day after 23 December 2008 and before 30 September 2009, the member is paid salary at a daily rate higher than that payable to the member under schedule B.10 or B.12 of DFRT Determination No. 2 of 2017, Salaries, as amended from time to time.

    2. See: Part 1
      Schedule B.10, Warrant Officer Class 1 salary rates
      Schedule B.12, Other Rank salary rates

    3. The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 2 of 2017, Salaries, on 24 December 2008.

  2. The rate of non-reduction supplement is the difference between the daily rate described in paragraph 1 .a and the daily rate payable to the member under DFRT Determination No. 2 of 2017, Salaries.

  3. This section ceases to apply to a member from the earliest of the following days.

    1. The day that the rate of salary payable to the member under DFRT Determination No. 2 of 2017, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this section.

    2. The day that there is a subsequent change of circumstances of the member that would end or vary the entitlement to the rank and pay grade on which the non-reduction supplement was based.

      Example: The member is reduced in rank or voluntarily changes employment category to work in a new trade.

    3. The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT.

3.2.58 Movements between Reserve service and continuous full-time service

  1. This section applies to a member in receipt of a non-reduction supplement who moves between Reserve service and continuous full-time service.

  2. For a period of continuous full-time service the member is to be paid the non-reduction supplement at the same rate payable under section 3.2.56.

  3. For the period of Reserve service, the member is to be paid the non-reduction supplement at a daily rate worked out under section 3.2.57.

  4. Note: Continuous full-time service includes service by a member in the Permanent Forces.

    Note: In the total workforce model, the following arrangements apply.

    1. The Permanent Force may be said to comprise members in Service categories 6 and 7.

    2. The Reserves may be said to comprise members in Service categories 2, 3, 4 and 5. Reserve members on continuous full-time service are also on Service option C. A member on Service option C is not a member on Reserve service.

Application to Reservists: Yes, in certain circumstances.



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