Document ID: chunk:federal_register_of_legislation:F2023L00811:clause:2_7:p2
Version: federal_register_of_legislation:F2023L00811
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 2/3)
Character Range: 5956–8862

(7), the rate of an Employee's salary will be increased by 3% on 17 August 2023, as described in Column 3 of Table 1 in Schedule 1.
         (5)    The adjustment of an Employee's salary under subsection (4) is to be calculated based on the Employee's salary immediately before the adjustment.
         (6)    Subsection (4) does not apply to an Employee:
               1. who is excluded from receiving pay rises by clause G2.3 of the Defence Agreement as applied by this Determination;
               2. to whom clause G3.3 of the Defence Agreement as applied by this Determination applies; or
               3. to whom clause G3.3 of the Defence Agreement applied on 30 June 2023.
         (7)    If:
               1. either:
                       1. clause G3.3 of the Defence Agreement as applied by this Determination applies to an Employee; or
                       2. clause G3.3 of the Defence Agreement applied to an Employee on 30 June 2023; and
               2. the Employee's salary would be below the maximum salary for their classification as provided in subsection (3) on 17 August 2023,
          the Employee's salary is increased to the maximum salary for their classification on 17 August 2023.
         (8)    The terms of Annex D of the Defence Agreement (as applied by operation of subsection (1)) are amended for each allowance described in Schedule 2 of this Determination, by:
               1. omitting the rate or rates of the allowance and any reference to the date from which that rate will apply;
               2. substituting that rate and the reference to the date from which that rate will apply with:
                       1. the rate specified in column 2 of Schedule 2 for that allowance, from commencement of this Determination; and
                       2. the rate specified in column 3 of Schedule 2 for that allowance, from 17 August 2023.
       Salary rates under this instrument if increased by a determination under section 24(1) of the Act
         (9)    If a determination under section 24(1) of the Act provides for an increased rate of salary for an Employee, the Employee's rate of salary under this Determination does not apply in respect of that Employee during the period that the determination is in effect.
         (10)  If a determination under subsection 24(1) of the Act provides for a different salary scale for a classification set out in Schedule 1 to this Determination in relation to an Employee, the salary scale in Annex C as applied by this Determination for that classification does not apply in relation to the Employee during the period that the determination is in effect.
       Allowance rates under this instrument if increased by a determination under section 24(1) of the Act
         (11)  If a determination under section 24(1) of the Act is made which:
            1. applies to an Employee to whom this Determination