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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 column 1 in any of the following locations for the purposes of salary non-reduction.

  1. Annex 3.2.B – Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower
  2. Annex 3.2.C – Salary non-reduction – Flight test engineers
  3. 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 for the relevant period set out in the following table.

    Relevant period
    Item For a member... the salary non- reduction period begins... and ends...

    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 either Part 1 or Part 2 of Annex 3.2.B

    on the day listed in column 2 of the relevant Part of Annex 3.2.B

    on the earlier of the following days.

    1. The day listed in column 3 of the relevant Part of Annex 3.2.B.
    2. The day the member ceases to meet a condition specified for the relevant category.
    2. who is an officer and occupies a relevant employment category listed in column 1 of Annex 3.2.C on the day listed in column 2 of Annex 3.2.C on the day listed in column 3 of Annex 3.2.C.
    3. who is a specialist officer described in column 1 of Part 1 Annex 3.2.D on the day listed in column 2 of Part 1 Annex 3.2.D on the day listed in column 3 of Part 1 Annex 3.2.D.
    4. who is an officer and occupies a relevant employment category listed in column 1 of Part 2 Annex 3.2.D on the day listed in column 2 of Part 2 Annex 3.2.D on the day listed in column 3 of Part 2 Annex 3.2.D.
    5. not described in table item 1, 2, 3 or 4 on the day the member becomes eligible under section 3.2.50

    on the 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

3.2.53 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

3.2.54 Salary non-reduction for a member posted as Recruit Instructor

  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.

  2. This section ceases to apply if the member would be in a higher pay grade in the recruit instructor employment category.

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 and Resources
Director Soldier Career Management – Army
Director Officer Career Management – Army
Director General Personnel – Army
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 therate 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- reductionsupplement 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 any period of continuous full-time, the member is to be paid the non-reduction supplement at an annual rate, as if section 3.2.56 applied to the member.

  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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