Defence Determination 2009/22

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 26March 2009
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

1

1
/
Citation
This Determination is Defence Determination 2009/22, Higher duties allowance and specialist competencies.
2
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Commencement
This Determination commences on the day it is signed.
3
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
4
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Clause 3.2.19 (Salary on change of pay grade)
insert at the end
3.2.19A
/
Salary on ceasing to be a specialist officer
1. / This clause applies to a member who ceases to perform duty as a specialist officer.
2. / The member is to be paid the salary rate for the new pay grade that corresponds to the rank increment the member held in their former specialist officer competency level.
Exception 1: The CDF may approve a salary above the minimum incremental rate for a member because of their experience, qualifications and skills.
5
/
Subclause 3.2.34.3(Specialist officers – increment advancement and promotion)
insert at the end
Exception:For a member who becomes a specialist officer, the CDF may approve a salary above the minimum incremental rate in a competency levelofficer because of the member's relevant experience, qualifications and skills.
6
/
Clause 4.1.18A (Amount of higher duties allowance – exception for member acting in Brigadier position)
insert at the end
4.1.18B
/
Amount of higher duties allowance – transitional for other rank members
1. / In this clause, the later rate is an amount of higher duties allowance that could be paid to a member for a period, based on salary rates determined by the DFRT on or after 24 December 2008 and before 1 July 2009.
2. / This clause applies to a member to whom higher duties allowance is payable between 4September 2008 and 1 July 2009.
3. / The following table sets out transitional benefits relating to a period of higher duties allowance performed by the member.
Item / If a rate ofhigher duties allowance paid to the member in this period... / differs from the later ratebecause it is... / then the member is to be paid...
1. / 4September 2008 and 23December 2008 / lower than the later rate / the difference between the rate actually paid and the later rate, for the period of the higher duties.
2. / 4September 2008 to 23December 2008 / higher than the later rate / no additional amount is payable and the member retains the amount actually paid for the higher duties.
3. / 24 December to30 June 2009 / lower than the rate that would have been payable to the member if salary structure and rates had not changedin the period / the difference between the rate actually paid and the later rate, for the period of the higher duties.
4. / 24 December to30 June 2009 / higher than the rate that would have been payable to the member if salary structure and rates had not changed in the period / no additional amount is payable and the member retains the amount actually paid for the higher duties.
5. / commencing before 1 July 2009 and continuing until any day after 1July 2009 / lower than the rate that would have been payable to the member if salary structure and rates had not changed in the period before 1 July / the difference between the rate actually paid and the later rate, until the end of the period for which higher duties allowance is approved.
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2009/1 and see also Defence Determinations 2009/2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.

1

EXPLANATORY STATEMENT

Defence Determination 2009/22

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter3 of the Principal Determination sets out provisions dealing with administration of salary and chapter 4 deals with allowances for members of the Australian Defence Force (ADF).

The purpose of this Determination is to:

  • provide guidance about the interaction between salary structures, for the purpose of the movement and advancement of members changing between general employment categories and the specialist officer competency-based structures.
  • provide a transitional arrangement to members of the ADF who perform higher duties inadvance of the formal roll-out of a new pay structure which was determined by the DFRT on 24December 2008, in amendments to DFRT Determination No. 15 of 2008, Salaries.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides that the Determination commences on the day on which it is made, as provided by subsection 58B(4) of the Act.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 inserts a new clause 3.2.19A into the Principal Determination. The new clause permits a member transferring from the specialist officer career structure into the generalist structure to have their rank increment preserved, rather than being placed on the lowest incremental rate for their new pay grade.

Clause 5 inserts an exception to subclause 3.2.34.3 into the Principal Determination. The exception provides discretion for CDF to approve a member to be paid salary at a rate above the base incremental rate for a rank when the member transfers from a generalist employment category into the specialist career structure. This flexibility is available in order to allow recognition of a member's experience in their rank, and allows preservation of an incremental rate.

Clause 6 inserts a new clause 4.1.18B into the Principal Determination, which deals with higher duties allowance. Higher duties allowance is often approved for periods of 3 months and so any change to salary rates and structures may have an effect on the amount of allowance payable to a member. The new clause provides for higher duties allowance payments during the period of transition to the new graded Other Ranks pay structure, which is to be implemented across the ADF prior to the end ofthe 2008/2009 financial year.

The graded Other Ranks pay structure was created by the DFRT on 24 December 2008 and reformed thesalary structure for ADF members who are not officers. Among the many changes, some rank incrementpoints at the Warrant Officer Class 1 and 2 ranks ceased to exist, and some employment categories werereassessed for the purpose of placement against a pay grade. The transitional arrangement set out in the table:

  • makes clear that higher duties allowance paid under an arrangement approved before the introduction of new salary rates are not affected by the new salary rates and structure (items 2 and 4).
  • permits amember who commences performance of higher duties related to a combination of employment category and pay grade or rank incrementthat has been removed or revised by the move to the current salary structure to continue to receive higher duties allowance at the previously applicable rate, for the period of the higher duties (items 1, 3 and 5). This transitional arrangement is set out separately for each of the periods for which slightly different salary structural arrangements may apply to a member.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

The retrospective application of the transitional provision in this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Authority: Section 58B of the
Defence Act 1903