Document ID: chunk:federal_register_of_legislation:F2018L01808:clause:2_1
Version: federal_register_of_legislation:F2018L01808
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 5144–13224

1   Salary non-reduction – transitional provision
1.  This section applies to a member to whom all the following applied on 16 November 2016.
    a.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member held the rank sergeant.
    b.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member's employment category was either of the following.
    i.                                                                                                                                                                                                                                                                                                                                                                                                                                                        Manager Operations Ground Based Air Defence.
    ii.                                                                                                                                                                                                                                                                                                                                                                                                                                                       Manager Operations Offensive Grade 2.
    c.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member was in receipt of salary at pay grade 6.
2.  For the period 17 May 2018 to the commencement of this Determination, the member is eligible to be paid the rate of salary payable to the member on 16 November 2016 (adjusted in accordance with subsection 3), payable under Schedule B.12 of DFRT Determination No. 15 of 2008, Salaries, as amended to 3 April 2017, and from 4 April 2017 the rate of salary under Schedule B.12 of DFRT Determination No. 2 of 2017, Salaries, as amended to date.
3.  The rate of salary used in subsection 2 may be adjusted by either of the following.
    a.                                                                                                                                                                                                                                                                                                                                                                                                                                                        An increment advancement owed to the member under Defence Determination 2016/19, Conditions of service Chapter 3 Part 2 Division 5, during the period described in subsection 2.
    b.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The rate of a general salary increase determined by the Defence Force Remuneration Tribunal that applied to a period described in subsection 2.
4.  This section ceases to apply to a member whose salary is affected by any of the following.
    a.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member's performance of duty being unsatisfactory.
    b.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member being subject to disciplinary action.
    c.                                                                                                                                                                                                                                                                                                                                                                                                                                                        An administrative sanction.
    d.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member choosing to transfer to another employment category.
    e.                                                                                                                                                                                                                                                                                                                                                                                                                                                        Reduction in rank.
    f.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The member ceasing to hold a competency required by the specialist career structure for which salary was previously payable to the member.
    g.                                                                                                                                                                                                                                                                                                                                                                                                                                                        The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that includes salary non-reduction period for the member.