Division 1: About salaries

3.2.3    Purpose
3.2.4    Salary not payable
3.2.5    Time for payment of salary for a member of the Permanent Forces
3.2.6    Method of payment of salary for a member of the Permanent Forces
3.2.7    Working out fortnightly and daily rates
3.2.8    Salary and allowances (member on part-time leave without pay)
3.2.9    Death or presumed death of member
3.2.10   Service with the United Nations or multi-national force
3.2.11   Working out a day for Reserve Service
3.2.12   Excess Reserve service
3.2.13   Reserve member taken to be attending for duty
3.2.13A   Reserve member attending for duty in special circumstances
3.2.14   Member to keep records of Reserve days
3.2.15   Working out when Reserve salary must be paid 

3.2.3    Purpose

 

The purpose of this Division is to explain the principles for administration of salaries set by the DFRT.

3.2.4    Salary not payable

 

A member is not entitled to salary or any allowance determined by the DFRT for any period where the member meets any of the following conditions.

 

a.

The member is on leave without pay (except part-time leave without pay).

 

b.

The member forfeits their salary under the Part XIII of the Defence Force Regulations 1952.

 

c.

The member's remuneration is suspended under the Defence Force Discipline Act 1982.

 

d.

The member is undertaking service for a period under clause 3.2.10.

3.2.5    Time for payment of salary for a member of the Permanent Forces

 

Subject to clause 3.2.4, the salary of a member starts on the day on which the member begins continuous full-time service and ends on midnight on whichever of the following days is relevant to the member's situation.

 

a.

For an officer — on the day on which the member resigns, retires, or their appointment or services are terminated.

 

b.

For Warrant Officer Class 1 and an other rank member — on the day on which the member is discharged, retired or terminated.

 

c.

In the case of a member who is seconded for service with another Government department or civil employment, the day before the member starts the secondment.

 

d.

In the case of a member who transfers to the Reserves, the day immediately before the transfer.

 

3.2.6    Method of payment of salary for a member of the Permanent Forces

1.

Salary is worked out on the basis of a seven-day week.

2.

Salary may be paid to members every 14 days (a fortnight).

 

Note: This kind of service is sometimes called continuous full-time service.

3.2.7    Working out fortnightly and daily rates

1.

The fortnightly rate of salary or allowance is worked out by the following steps.

 

Step

Action

1.

Find the annual rate of salary or allowance payable to the member.

2.

Multiply that figure by fourteen.

3.

Divide the result of Step 2 by 365.

4.

The result of Step 3 is the fortnightly rate of salary or allowance that applies to the member.

 

2.

The daily rate of salary or allowance payable to a member is either of the following rates.

 

a.

In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

 

b.

In any other case — one fourteenth of the fortnightly rate.

3.

Fortnightly and daily totals may be rounded to the nearest cent.

4.

The rounded daily rate is not used to calculate an amount for two or more days. The unrounded figure is used instead.

3.2.8    Salary and allowances (member on part-time leave without pay)

1.

The CDF may grant a member part-time leave without pay.

See: Chapter 5 Part 8 Division 2, Part-time leave without pay

2.

A member's salary and allowances will be reduced on a pro rata basis if the member takes part-time leave without pay.

3.

This table sets out the way a member's salary and allowances are worked out during a period of part-time leave without pay.

 

If the member's part-time leave without pay each fortnight is…

then for any period where they are not absent from duty on part-time leave without pay…

between 5 and 13 days

the member is entitled to salary and any applicable allowance determined by the DFRT.

3.2.9    Death or presumed death of member

 

If a member dies or is missing and presumed dead, the member may be taken to have ceased continuous full-time service.

Related Information: Clause 1.6.5, Effect of death on eligibility for salary and allowances

3.2.10   Service with the United Nations or multi-national force

1.

The CDF may approve a member entering into a contract with a United Nations or other multi-national force approved by the CDF, to perform services for a specified period at a location overseas.

2.

In giving approval under subclause 1, the CDF must have regard to the following factors.

 

a.

Australia's obligations to the United Nations or other multi-national force.

 

b.

The interests and operational capability of the Defence Force.

 

c.

The interests and likely career progression of the member.

 

d.

Any other factor relevant to the agreement with the other force.

3.

For the period of the approval under subclause 1, the member is remunerated by the other force and not under DFRT Determination No. 15 of 2008, Salaries.

 

See: Chapter 12 Part 4 clause 12.4.8, Conditions paid by the UN, for other employment conditions for members in this situation. (This reference is policy guidance)

 

Persons who can make the decision under subclause 3.2.10.1 on behalf of the CDF:

Director General Navy People

Head Navy People and Reputation

Director General Personnel – Army

Director General Personnel – Air Force

3.2.11   Working out a day for Reserve Service

1.

Salary is to be paid to a member for each day or part day that the member meets both of the following conditions.

 

a.

The member is required to attend for duty.

 

b.

The member attends for that duty.

2.

If a member is required to attend for duty for less than six hours on a day, they are entitled to a proportion of the daily rate, worked out under this table.

 

Item

If a member attends for duty for this amount of time…

the rate of salary is...

1.

three hours but less than six hours

half the daily rate.

2.

two hours but less than three hours

one third of the daily rate.

3.

for a member in an approved category – at least one hour, but less than two hours

one sixth of the daily rate.

 

 

Note: Current approved categories are medical, dental and legal officers and chaplains.

3.

A day for a Reserve member who performs duty under a shift roster, is the period of 24 hours, beginning when the member first commences a shift on the day.

Example: A member who attends for duty between six and 24 hours is entitled to one day's pay. This applies even if members of the Reserves are normally required to work the same daily routine as members of the Permanent Forces in the same area. Note that the six hour duty period (excluding meal breaks) is the minimum qualifying time for one day's Reserve pay, it is not the length of the Reserve working day.

3.2.12   Excess Reserve service

1.

In this clause, excess service means any day of duty that is above the number of days approved in the member's annual training commitment.

2.

A Reserve member is not entitled to salary for any period of excess service.

3.

The member's salary for the approved days is worked out using the whole period of approved and excess service.

 

a.

If the same rate of pay applies through the whole period, payment for approved days is made at that rate of pay.

 

b.

If the rate of pay increases during the period of approved days, the member is to be paid the higher rate of pay for all approved days that fall on or after the date of the change.

 

c.

The member is to be paid at the rate that attracts the highest rate of salary in the whole annual period of service, up to the number of approved days.

 

d.

The following table shows how to calculate salary under paragraph c. for approved days when the rate of pay changes during a period of excess service.

 

Step

Action

1.

Count the number of days of excess service in the following period.

a. The period starts on the day of the change in the rate of pay ('the new pay rate').

b. The period ends on the last day of excess service at the new pay rate.

2.

Count back in time from the first day of the Reserve member's excess service, by the number of days in Step 1. Only count days the member worked.

3.

The member may be paid the difference between the rate that was previously payable for the approved days and the new pay rate, from the date worked out under Step 2.

 

 

Example: A member is approved to work for 20 days, Monday to Friday, 1 to 26 March. The member works her 20 approved days, but continues the arrangement for two more weeks, so she actually works 30 days, until 9 April. On Monday 5 April there is a pay rise.

 

Step

Action

1.

The member gave 5 days of excess service between the change of the pay rate (5 April) and the last day of her excess service (9 April).

2.

Counting back 5 working days from the first day of the Reserve member's excess service (29 March) gives 22 March.

3.

The member may be paid the new pay rate from 22 March.

3.2.13   Reserve member taken to be attending for duty

 

A member is taken to be on duty in the circumstances and corresponding periods described in the table.

 

Item

If a member is...

they will be taken to be on duty for the period starting...

and ending...

1.

directed to attend away from their normal place of duty

at the start of the journey from where the member normally lives

when the member commences duty in the other location.

2.

returning to the place they normally live after attending for duty away from it

at the start of the return journey to the place where the member normally lives

when the member arrives at the place they normally live.

Example: A member of the Reserves travels from Canberra to Melbourne for a training course. While travelling to Melbourne they are taken to be on duty. While on the course they are on duty. While travelling home they are on duty.

3.

admitted to hospital while parading for approved duty

the day when they are admitted to hospital

on the earlier of the following days:

a. the day when they are discharged from hospital; or

b. the first day that one of dates in item 4 occurs.

4.

ill or convalescing under PERS DI(G) 16-21, Absence due to illness and absence for convalescence

 

the day that the  Commanding Officer approves as the first day of the period of illness or convalescence

on the earlier of the following days:

a. the day:

i. the period of illness or convalescence authorised under PERS DI(G) 16-21 has passed; and

ii. the member has been cleared for duty by a service medical officer;

b. the day the Department of Veterans Affairs' commences payment to the member;

c. the day the member starts civilian employment or receives sick leave payment from civilian employer;

d. a day for which sick leave is payable by the member's employer;

e. the day the member receives unemployment or a similar benefit from Centrelink;

f. the day the member has recovered from their injury and parades with their unit; or

g. the day the Department of Veterans Affairs' notifies the member that it has rejected the claim.

3.2.13A   Reserve member attending for duty in special circumstances

1.

This clause applies to a member on Reserve service.

2.

The CDF may deem a member to be required and attending for duty while they are recuperating following a period of intense activity associated with an exercise, operation or deployment.

 

Example: On return from an exercise all members on continuous full-time service are granted a period of short leave to physically recover. A Reserve member is not eligible for the leave, but may be deemed to be on duty for an equivalent period.

 

Persons who can make the decision under subclause 3.2.13A.2 on behalf of the CDF:

Deputy Director Reserves, Navy People Career Management Agency

Commanding Officer not below the rank of MAJ(E) or a person in the member’s line of supervision not below the rank of LTCOL(E)

 

3.

The CDF may deem a member to be required and attending for duty when they are required to be away from their home location over a non-working day in order to perform duties during the days immediately before or after. For this subclause a non-working day is a weekend, a public holiday or a rostered day off.

 

Example: A Reserve member from Melbourne performs two weeks' duty in Townsville but is only required to attend for duty from Monday to Friday each week. The decision-maker deems the member to be required and attending for duty for the Saturday and Sunday instead of being returned to their home location.

 

Note: A member deemed under subclauses 2 or 3 is eligible for remuneration at their daily rate of salary.

See: Part 1, Salaries

 

Exception: This exception applies to a member who performs duty for another employer while deemed to be required and attending for Reserve duty. If the member is paid for that duty the member is not eligible for payment under this clause. A member who is on paid leave from another employer is eligible for payment under this clause.

 

Persons who can make the decision under subclause 3.2.13A.3 on behalf of the CDF:

Commanding Officer not below the rank of MAJ(E) or a person in the member’s line of supervision not below the rank of LTCOL(E)

3.2.14   Member to keep records of Reserve days

1.

A member in a category of the Reserves listed in regulation 5 of the Defence (Personnel) Regulations 2002 must keep a diary as evidence of the duty for which salary may be paid.

2.

The diary must show the following facts.

 

a.

The hours of duty.

 

b.

The place and nature of the duty.

 

c.

The authority for the performance of the duty.

 

d.

Certification from the member's immediate commander that the member efficiently performed the duty.

3.2.15   Working out when Reserve salary must be paid

1.

Salary may be paid to a Reserve member every 14 days (a fortnight).

2.

A Commanding Officer may approve a salary payment outside of the regular pay cycle, if the Reserve member can demonstrate exceptional circumstances or hardship.

 

PACMAN                                                       AL15 (February 2012)                                Chapter 3 – Part 2 Division 1 – 1