From DFRT Determination No. 12 of 2012
This Determination is DFRT Determination No. 12 of 2012, Officer Aviation Remuneration Structure Allowance.
This Determination may also be cited as DFRT Determination No. 12 of 2012.
This Determination commences on 1 January 2013.
The purpose of this Determination is to create a seniority-based allowance for identified Officer Aviation members, to regulate workforce flow and distribution through career and specialist streams.
This table defines terms used in this Determination.
|Aviation specialist||Has the same meaning prescribed by section A.1.12 (Specialist officers) of DFRT Determination No. 2 of 2017, Salaries, as in force from time to time.
See: Chapter 3 Part 1 Part B Division 2, Specialist officer
|Career stream||The competency-based salary progression system introduced in DFRT Determination No. 4 of 2009, Officer Aviation Remuneration Structure, as amended from time to time.|
|CDF||Means the Chief of the Defence Force.|
|Fast jet pilot||Means a member of the pilot specialisation or related specialist structure who has completed a conversion to F35, F/A18, F111 or foreign equivalent.|
|Fixed wing pilot||Means a member of the pilot specialisation or related specialist structure who has successfully attained an operational captaincy on a fixed wing platform and is not a fast jet pilot.|
|Flexible service determination||Means a determination made under subsection 23(2) of the Defence Act 1903.|
Includes any member who, before 1 October 2009:
See: Chapter 3 Part 1 Part A Division 1, Specialist officer
|Nonworking period||A nonworking period under a flexible service determination that applies to a member that is not the member’s pattern of service.|
|Pattern of service||Means the hours of duty or the periods of duty prescribed under a flexible service determination.|
|Officer Aviation||Means a member in any of the following employment categories.
For the purposes of this determination, effective service means service that meets all these conditions:
it is service in the Permanent Air Force;
Note: In the total workforce model, a member of the Permanent Air Force may be described as an Air Force member in Service category 6 or 7.
it is paid; and
it is not counted as a period of ineffective service under subclause 5.2 of this Determination.
The table below lists a range of leave types and activities and sets out how a period of leave or activity affects determination of a period of effective service.
|1.||Leave at full pay.
Example: Annual leave, full pay long service leave.
|The period of the leave counts as effective service.|
|2.||Part-time leave without pay, long service leave at half pay.||The paid component counts as effective service.|
Example: Leave without pay, maternity leave without pay.
|The period does not count as effective service.|
|4.||A period when the member is discharging a period of service determined by the Service Chiefs under the Defence Regulation 2016, as in force from time to time, which a member must complete in relation to initial employment training in their current specialisation.||The period counts as effective service.|
|5.||A period when the member is performing an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 Defence Legislation Act (No. 1) 2005).|
|6.||Any period when the member is discharging:
a. a return of service obligation; or
b. an undertaking for service associated with any bonus schemes determined under section 58B of the Defence Act 1903.
Note: The service towards the bonus described in paragraph 7(c) of this determination can never count as service because the member is not eligible.
|7.||Absence without leave.||The period does not count as effective service.|
|8.||Imprisonment, detention or suspension from duty without pay.|
|9.||A nonworking period||The period does not count as effective service.|
This allowance applies to an Officer Aviation member of the Permanent Air Force who is a fast jet or fixed wing pilot.
For any period when the member holds a combination under paragraph (a) and meets a set of circumstances under paragraph (b), and is not performing a period of service agreed toward a bonus listed in paragraph (c), that member is eligible for the Officer Aviation Remuneration Structure allowance:
the Defence Aviation Safety Regulation:
a fast jet pilot with Proficient (category C) status; or
a fixed wing pilot with Proficient (category C) status.
The member is in either of the following sets of circumstances:
The member is in either the Officer Aviation Career or Legacy Stream, and is in the first forty-eight months as either a substantive Squadron Leader or Wing Commander based on their recognised seniority date; or
The member is in their fourth, fifth or sixth year as an aviation specialist.
The RAAF Officer Aviation Remuneration Structure transitional bonus authorised by the Chief of Air Force under Chapter 3 Part 5 Division 2 of Defence Determination 2016/19, Conditions of Service, made under section 58B of the Defence Act 1903.
Eligibility for Officer Aviation Remuneration Structure allowance ceases for a member from the day on which any of the following apply to the member:
The member ceases to be eligible under clause 7 of this Determination;
The member leaves the Officer Aviation Remuneration Structure, including when a member resigns from the Permanent Forces or transfers to the Reserves;
Note: In the total workforce model, the Reserves may be said to comprise members in Service categories 2, 3, 4 and 5.
The member is issued with a notice of termination of service on disciplinary or administrative grounds (other than medical reasons);
The member initiates training as part of a voluntary transfer of employment category.
Exception: It is not a cessation event if the training relates to a transfer to or from the Officer Aviation Specialist Stream.
The annual rate of allowance is $25,000.
The amount of allowance is calculated for each calendar year and is payable annually after each year ends.
The member is not eligible for annual or pro-rata payment of the allowance for a year in which any of the circumstances in paragraphs 8(b), 8(c) and 8(d) apply to the member.
Periods of ineligibility (other than a period to which clause 11 applies) reduce the amount of the allowance on a pro-rata basis.
Periods that do not count as effective service under clause 5 reduce the amount of the allowance on a pro-rata basis.
For a member on part-time leave without pay, the method for calculating the pro-rata payment of allowance is set out in clause 3.2.8 of Defence Determination 2016/19, Conditions of Service.
See: Chapter 3 Part 2 Division 1, About salaries
This clause applies if a member does not render effective service in relation to the payment of the Officer Aviation Remuneration Structure Allowance due to any of the following circumstances:
the member dies; or
the CDF considers that the member's eligibility ceased for any of the following reasons:
The member has reached compulsory retirement age; or
The member is medically unfit.
The member (or if the member has died, the member's legal personal representative) is eligible for a pro-rata payment for the period of effective service provided by the member, payable as soon as practicable after the event.
To avoid doubt, this allowance is not part of a member's salary.
|4.||Amended by: DFRT No. 2 of 2017; DFRT Nos. 1 and 3 of 2018.|
|7.||Amended by: DFRT No. 5 of 2012; DFRT No. 1 of 2018.|
|12.||Amended by: DFRT No. 5 of 2016.|
FOOTNOTE – 12 OF 2012