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This Division sets out the way a member's salary rate can be preserved for a period when it would otherwise be reduced. |
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Note: This Division does not apply to an other rank member on appointment and commissioning. See: DFRT Determination No. 15 of 2008, Salaries, clauses B.2.4 and B.2.5 |
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This table defines terms used in this Division. |
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Term |
Definition |
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Date of effect |
For a relevant employment category, means the date of effect specified for that category in either of column 2 of Annex 3.2.A or column 2 of Annex 3.2.B. |
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Relevant employment category |
Means an employment category listed in either of column 1 of Annex 3.2.A or column 1 of Annex 3.2.B for the purposes of salary non-reduction. |
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This Division applies to a member whose salary would otherwise reduce in one of the following circumstances. |
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a. |
The member's Service transfers them from one employment category to another employment category. |
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b. |
The employment category the member holds is transferred to a lower pay grade by the DFRT. |
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c. |
The employment category the member holds is restructured. |
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d. |
The specialist career structure that the member is paid under is restructured. |
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e. |
The member is promoted from the rank of Colonel to Brigadier, and the member was formerly in any of the following classes. |
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i. |
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. 15 of 2008. See: DFRT Determination No 15 of 2008, Salaries, Schedule B.3: Officer salary rates |
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ii. |
The member's salary was formerly derived from Schedule B.6 of DFRT Determination No 15 of 2008. See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.6: Specialist Officer – Dental Officer |
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iii. |
The member's salary was formerly derived from Schedule B.7 of DFRT Determination No 15 of 2008. See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.7: Specialist Officer – Legal Officer |
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iv. |
The member's salary was formerly derived from Schedule B.8 of DFRT Determination No 15 of 2008. See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.8: Specialist Officer – Medical Officer |
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This Division does not apply to a member whose salary would reduce in any of the following circumstances. |
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a. |
The member's performance of duty is not satisfactory. |
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b. |
The member is subject to disciplinary action. |
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c. |
The member is subject to administrative sanction. |
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d. |
The member chooses to transfer to another employment category. |
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e. |
The member is reduced in rank. |
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f. |
The member ceases to hold a competency that exists under the specialist career structure, for which salary was previously payable to the member. |
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g. |
The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that would provide salary non-reduction for the member. |
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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 subclause 3. This is known as a salary non-reduction period. |
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2. |
A member's non-reduction salary rate may be adjusted in accordance with the following conditions if applicable. |
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a. |
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. |
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b. |
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. |
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See: Division 3, Increments |
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c. |
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. |
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3. |
For subclause 1, the salary non-reduction period applies to a member for the relevant period set out in the following table. |
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Item |
For a member... |
the salary non-reduction period begins... |
and ends... |
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1. |
with the rank of Warrant
Officer Class 1 or lower who occupies a relevant employment category and
meets any conditions specified for that category in column 1 of Annex 3.2A |
on the day listed in
column 2 of Annex 3.2A |
on the earlier of the
following days. a. The day listed in
column 3 of Annex 3.2A. b. The day the member
ceases to meet a condition specified for the relevant category. |
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2. |
who is an officer and
occupies a relevant employment category listed in column 1 of Annex 3.2B |
on the day listed in
column 2 of Annex 3.2B |
on the day listed in column
3 of Annex 3.2B. |
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3. |
not described in table
item 1 or 2 |
on the day the member
becomes eligible under clause 3.2.41 |
on the later of the
following days. |
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a. |
After 18 months. |
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b. |
A day later than 18 months
decided by the CDF. |
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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. 15 of 2008, Salaries increases to a rate higher than the rate that is payable to the member under subclause 1. |
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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 |
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1. |
The member's service during a period of salary non-reduction is to be treated as service for determining rank and incremental advancement. |
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2. |
This clause does not apply if the member’s rank or pay grade has been reduced for reasons other than those listed in clause 3.2.41. |
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1. |
A member who is posted as a Recruit Instructor to the Army 1st Recruit Training Battalion is to be paid the rate of salary they held immediately before the posting for the period of the posting. |
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2. |
This clause ceases to apply if the member would be in a higher pay grade in the recruit instructor employment category. |
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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. |
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a. |
The CDF determines the member remains liable to serve in the employment category and (if relevant) the classification that the pay grade related to. |
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b. |
The CDF approves the payment at that pay grade if it is reasonable having regard to the following. |
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i. |
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. |
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ii. |
For a Warrant Officer Class 1 – any relevant instruction or direction made under sections 9 and 9A of the Defence Act 1903. |
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iii. |
For an officer – any relevant instruction or direction made under sections 9 and 9A of the Defence Act 1903. |
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Persons who can make the decisions under p Director Navy People Career Management Agency Commanding Officer, Soldier Career Management Agency Director Officer Career Management – Army Director Personnel – Air Force Director General Navy People Head Navy People and Reputation Director General Personnel – Army Director General Personnel – Air Force |
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1. |
A non-reduction supplement is to be paid to a member who meets both the following conditions. |
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a. |
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. 15 of 2008, Salaries, as amended from time to time. |
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b. |
The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 15 of 2008, Salaries, on 24 December 2008. |
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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.15 of 2008, Salaries, paid to the member as both the following amounts. |
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a. |
A one-off payment for the period 24 December 2008 to the day this Determination commences. |
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b. |
A fortnightly payment. |
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3. |
This clause ceases to apply to a member from the earliest of the following days. |
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a. |
The day that the rate of salary payable to the member under DFRT Determination No. 15 of 2008, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this clause. |
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b. |
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 changes employment category to work in a new trade. |
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c. |
The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT. |
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1. |
A non-reduction supplement is to be paid to a member of the Reserves who meets both the following conditions. |
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a. |
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. 15 of 2008, Salaries, as amended from time to time. See: Part
1 |
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b. |
The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 15 of 2008, Salaries, on 24 December 2008. |
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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.15 of 2008, Salaries. |
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3. |
This clause ceases to apply to a member from the earliest of the following days. |
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a. |
The day that the rate of salary payable to the member under DFRT Determination No. 15 of 2008, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this clause. |
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b. |
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 changes employment category to work in a new trade. |
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c. |
The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT. |
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1. |
This clause applies to a member who is in receipt of a non-reduction supplement and who changes the way they serve in any of following ways. |
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a. |
The member is a Reserve who performs a period of continuous full-time service. |
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b. |
The member transfers between Permanent Force and Reserve Force service. |
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2. |
For any period of continuous full-time or Permanent Force service, the member is to be paid the non-reduction supplement at an annual rate, as if clause 3.2.47 applied to the member. |
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3. |
For the period of Reserve service, the member is to be paid the non-reduction supplement at a daily rate worked out under clause 3.2.48. |
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