Pay and Conditions

Division 4: Navy – Electronics Technical (junior sailor)

3.5.23 Purpose

This Division provides for a completion bonus scheme ("the scheme") for junior sailors in prescribed ranks in the Electronics Technical employment category in the Navy. The payment is designed to encourage sailors to stay in this category.

3.5.24 Definition of effective service

1. For the purpose of this Division, effective service means service that meets all these conditions.

   1. It is continuous full time service.

   Note: In the total workforce model, continuous full-time service may be described as service in Service category 6 or 7. A member who is in Service category 3, 4 or 5 and on Service option C is also on continuous full-time service.

   2. It is paid.

      Exception: Unpaid leave of less than 21 days.

   3. It is not ineffective service under subsections 2 or 3.

2. Leave or other events may not be effective service. This table shows whether an event is effective or ineffective service.

   See: Section 3.5.31, Yearly completion bonus – ineffective service under subsection 3.5.24.2

   Effective service

   Item	Activity	Effect of service
   1.	Part time leave without pay	The unpaid component of a part-time leave without pay working pattern is not effective service.
   2.	Leave at full pay Examples: Recreation leave, full pay long service leave	The whole period is effective service.
   3.	Unpaid leave for less than 21 calendar days  Exception: Leave without pay (flexible service determination) Examples: Leave without pay for less than 21 calendar days, maternity leave without pay for less than 21 calendar days
   3A.	Leave without pay (flexible service determination)	The whole period is not effective service.
   4.	Unpaid leave for 21 calendar days or more Examples: Leave without pay, maternity leave without pay
   5.	Absence without leave
   6.	Imprisonment, detention or suspension from duty without pay
   7.	Any period when the member holds a commission as an officer. Related Information: Section 3.5.35, Yearly completion bonus – sailor who stops being an officer
   8.	Leave at half pay Example: Long service leave at half pay	Half the period of the leave is effective service.

3. The events listed in the table are always ineffective service, subject to the exceptions listed for each event.

   See: Section 3.5.32, Yearly completion bonus – ineffective service under subsection 3.5.24.3

   Ineffective service exemptions

   Item	Activity	Exceptions
   1.	An undertaking for further service, under the Military Superannuation and Benefits Act 1991.	None
   2.	Any period when the member is discharging another undertaking for further service.	An undertaking for further service associated with a promotion.
   3.	Any period when the member is discharging another return of service obligation.	A period when the member is discharging a return of service obligation, that is associated with relevant training. In this table, relevant training means professional or trade training that is directly relevant to the member's occupation. For this member, these periods are effective service. The period of the training. The period of the return of service obligation.

3.5.25 Member this Division applies to

This Division applies to a member who meets all the following conditions.

1. The member holds the rank of Able Seaman or Leading Seaman.

2. The member is entitled to salary under an Electronic Technician pay category in Schedule B.11 Part 1 of DFRT Determination No. 2 of 2017, Salaries, on one of the following dates.

   1. 1 November 2005.

   2. If the member is re-entering the pay category after an absence, any day after 1 November 2005.

      See: Part 1 Schedule B.11, Other Rank pay grades

3. The member has completed their initial minimum period of service.

   See: Chapter 1 Part 3 Division 3 section 1.3.29A, Initial minimum period of service

3.5.26 Member this Division does not apply to

This Division does not apply to a member who is in any of these situations.

1. They are serving an initial minimum period of service.

2. They are subject to a return of service obligation for an initial period of service.

3. A member who meets all these conditions.

   1. The member has previously been in the scheme.

   2. The member discharges while obliged to serve under the scheme.

   3. The member rejoins the Navy.

   Example: A member joins the scheme on 1 November 2005 and elects to serve for three years. On 1 February 2006 the member discharges. The member rejoins the Navy on 1 October 2006. The member is not eligible to be made an offer.

3.5.27 Member may be offered a bonus

1. The CDF may offer a completion bonus to an eligible member. This offer may only be made once.

2. The offer must be made using the form at Annex 3.5.D, Part A, to this Division.

3.5.28 Acceptance payment

1. The member may accept an offer by taking all of the following actions.

   1. Signing the form at Annex 3.5.D, Part B, within one of these periods.

      1. Up to four weeks after receiving the offer.

      2. If the member is deployed, up to six months after receiving the offer.

   2. Electing how the benefit is to be paid, using the form at Annex 3.5.J.

      See: Annex 3.5.J, Bonus payment election

   3. Providing the signed form to CDF.

2. The member must elect how many years they wish to serve in Electronics Technical pay category. They may elect whether to serve for one, two, three, four or five years.

3. The member is entitled to a $5,000 acceptance payment on acceptance of the offer.

4. If the member accepts, they are taken to have accepted the offer on the date the offer was made.

3.5.29 Entitlement to yearly completion bonus

1. A member is entitled to a yearly completion bonus on the anniversary of joining the scheme.

   See:
   Section 3.5.30, Yearly completion bonus – full year of service
   Section 3.5.31, Yearly completion bonus – ineffective service under subsection 3.5.24.2
   Section 3.5.32, Yearly completion bonus – ineffective service under subsection 3.5.24.3

2. The yearly completion bonus can only be paid for each of the years the member has agreed to serve under this Division.

   Example: A member agreed to serve for three years. The member is entitled to three yearly completion bonus payments. There is no payment on the fourth year even if a member is still in the job.

3. A member may choose to make a fresh election about how each bonus is to be paid, using the form at Annex 3.5.J.

   See: Annex 3.5.J, Bonus payment election

3.5.30 Yearly completion bonus – full year of service

A member who had a full year of effective service in the previous 12 months is entitled to an amount of completion bonus worked out using this table.

Amount of completion bonus

Item	If the member's rank when they accepted was...	the member is entitled to...	and...
1.	Able Seaman	$5,000 on completion of the first year	$10,000 for completion of each later year.
2.	Leading Seaman	$5,000 on completion of the first year	$10,000 for completion of each later year.

Example: A member accepts an offer to join the scheme on 1 November 2005. They join for two years, and have no ineffective service. The member is entitled to these payments.

Example

Item	Date	Action
1.	1 November 2005	Member joins scheme. The member is entitled to a $5,000 acceptance payment.
2.	1 November 2006	Member is entitled to a $5,000 yearly completion bonus, for the first year of service.
3.	1 November 2007	Member is entitled to a $10,000 yearly completion bonus, for the second year of service.
4.	1 November 2008	Member is not entitled to a payment. (Had the member joined for three years they would have been entitled to a further $10,000 yearly completion bonus.)

3.5.31 Yearly completion bonus – ineffective service under subsection 3.5.24.2

1. This section applies to a member who had days that were not effective service in the year before each anniversary of joining the scheme.

   See: Section 3.5.24, Definition of effective service

2. Not all ineffective service is treated the same way.

   See: Section 3.5.32, Yearly completion bonus – ineffective service under subsection 3.5.24.3

3. This subsection describes the treatment of ineffective service that is listed in subsection 3.5.24.2. The member's yearly completion bonus is adjusted to reflect periods that were not effective service. This table shows how the payment is worked out.

   Adjustment calculation

   Step	Action
   1.	Add up the number of days that were not effective service in the later of these periods. The 12 months after the member elected to join the scheme. The 12 months after the member's last yearly completion bonus.
   2.	Subtract the outcome of Step 1 from 365.
   3.	Divide the outcome of Step 2 by 365.
   4.	Multiply the outcome of Step 3 by the amount of yearly completion bonus the member would have earned for a full year of service. First completion bonus – $5,000 Later completion bonuses – $10,000.
   5.	The member may be paid the outcome of Step 4.
   	Example: A member is due to receive their second yearly completion bonus. In the last 12 months the member had this leave pattern. Unpaid leave – 1 March to 30 April Part-time leave without pay – 1 May to 30 June, working Mondays to Wednesdays Step 1 1 March to 30 April = 61 days ineffective service 1 May to 30 June = 61 days x 2/5 = 24.4 days ineffective service Total = 85.4 days Step 2 – 365 - 85.4 = 279.6 Step 3 – 279.6/365 = 0.766027 Step 4 – 0.766027 days x $10,000 = $7,660.27 Step 5 – The member may be paid $7,660.27.

3.5.32 Yearly completion bonus – ineffective service under subsection 3.5.24.3

1. This section applies to a member who had days that were not effective service in the year before each anniversary of joining the scheme.

   See: Section 3.5.24, Definition of effective service

2. Not all ineffective service is treated the same way.

   See: Section 3.5.31, for ineffective service listed under subsection 3.5.24.2

3. This subsection describes the treatment of ineffective service that is listed in subsection 3.5.24.3. The period of the member is required to serve to meet the terms of their agreement is extended by any period of ineffective service under subsection 3.5.24.3.

3.5.33 Yearly completion bonus – both kinds of ineffective service

A member who has both kinds of ineffective service in a year is covered by the provisions of sections 3.5.31 and 3.5.32.

Example: A member takes a month of leave without pay in a year. In that same year, the member spends a month discharging a return of service obligation. The member's yearly bonus is adjusted under section 3.5.31 for the month of leave without pay. The period the member is required to serve is extended under section 3.5.32 to reflect the month of discharging a return of service obligation.

3.5.34 Yearly completion bonus – commissioned officer

1. This section applies to a member who is commissioned as an officer.

2. The member is entitled to a part payment of their yearly completion bonus. This table shows how it is worked out.

   See: Section 3.5.37, End of entitlement to completion bonus

   Part payment calculation

   Step	Action
   1.	Add up the number of days of effective service in this period. The period starts when the member became entitled to their last payment under the scheme. The period ends when the member became a commissioned officer. Note: Effective service excludes periods of ineffective service under subsections 3.5.24.2 and 3.5.24.3.
   2.	Divide the outcome of Step 1 by 365.
   3.	Multiply the outcome of Step 2 by the amount of yearly completion bonus the member would have earned for a full year of service. First completion bonus – $5,000 Later completion bonuses – $10,000.
   4.	The member may be paid the outcome of Step 3.
   	Example: A member joined the scheme on 1 December 2005, and is due to receive their first yearly completion bonus. On 1 March they become a commissioned officer. Step 1 – 1 December to 1 March = 90 days effective service Step 2 – 90/365 = 0.247 Step 3 – 0.247 days x $5,000 = $1,232.88 Step 4 – The member may be paid $1,232.88.

3. Subsection 2 may have the effect that the member is not entitled to the full amount they accepted an offer for.

3.5.35 Yearly completion bonus – sailor who stops being an officer

1. This section applies to a member who meets all these conditions.

   1. The member accepted an offer to join the scheme.

   2. The member was later commissioned as an officer.

      Related Information: Section 3.5.34, Yearly completion bonus – commissioned officer

   3. The member is no longer a commissioned officer.

      Example: A member is commissioned as a Midshipman and studies at RMIT University. The member fails the course and resigns their commission. They re-enlist in their former trade category and rank.

   4. The member rejoins the scheme.

2. The member's time as an officer is not effective service for the purposes of this scheme.

   See: Subsection 3.5.24.2, Definition of effective service

3. The member's next yearly completion bonus is paid on the anniversary of the member first joining the scheme.

4. This table shows how the member's next yearly completion bonus is worked out.

   Next yearly bonus calculation

   Step	Action
   1.	Add up the number of days of service in this period. The period starts when the member is no longer a commissioned officer. The period ends on the member's anniversary of joining the scheme.
   2.	Subtract any periods that are not effective service, of a kind listed in subsection 3.5.24.2.
   3.	Divide the outcome of Step 2 by 365.
   4.	Multiply the outcome of Step 3 by the amount of yearly completion bonus the member would have earned for a full year of service. First completion bonus – $5,000 Later completion bonuses – $10,000.
   5.	The member may be paid the outcome of Step 4.

5. Later yearly completion bonuses are paid in accordance with whichever of sections 3.5.30, 3.5.32 and 3.5.33 apply to the member's circumstances.

3.5.36 Payment instead of completion bonus

1. A member who meets any of the following circumstances is not eligible to be offered a bonus under this Division.

   1. The member dies.

   2. The member's service is terminated for medical reasons.

   3. The member's service ends because they have reached their retirement age.

   4. The member's service is terminated because the member cannot usefully serve because of redundancy.

2. This is how a part payment is worked out.

   Part payment calculation

   Step	Action
   1.	Work out the number of days of service the member has given, since their last completion bonus payment.
   2.	Subtract any periods that were not effective service. Note: Effective service excludes periods of ineffective service under subsections 3.5.24.2 and 3.5.24.3.
   3.	Divide the outcome of Step 2 by 365.
   4.	Multiply the answer in Step 3 by the next yearly completion bonus the member was due.
   5.	The member may be paid the outcome of Step 4.
   	Example: The member earned their last yearly completion bonus on 1 November. On 1 February the member reaches compulsory retirement age. The member had no ineffective service. Step 1 – The member had given 93 days of effective service. Step 2 – There was no ineffective service. Step 3 – 93/365 = 0.2548 Step 4 – The member would have earned $10,000 if they had completed the year. 0.2548 x $10,000 = $2,548 Step 5 – The member is entitled to $2,548.

3. If the member has died payment may be made to their legal personal representative.

3.5.37 End of entitlement to completion bonus

1. A member who stops serving in an Electronics Technical employment category is not entitled to any further completion bonuses.

2. A member who becomes commissioned as an officer has stopped serving in the Electronics Technical employment category.

   Exception: Section 3.5.35, Yearly completion bonus – sailor who stops being an officer