Document ID: chunk:federal_register_of_legislation:F2020L00418:reg:7
Version: federal_register_of_legislation:F2020L00418
Segment Type: reg
Provision Reference: reg 7
Character Range: 3552–6265

7  Kinds of increases in salary and allowances that will be deferred etc.

Kinds of increases in salary and allowances that will be deferred
 (1) For the purposes of paragraph 6(a), the kinds of increases are as follows:
 (a) an increase in the salary for the non‑SES employee's classification;
 (b) an increase in an allowance for the non‑SES employee's classification that takes effect on the same day, and at the same rate, as an increase in the salary for the non‑SES employee's classification;
 (c) an increase in the non‑SES employee's salary that takes effect under an individual flexibility arrangement agreed with the non‑SES employee that, because of paragraph 202(2)(b) of the Fair Work Act 2009, is a term of an enterprise agreement that applies to the non‑SES employee;
 (d) an increase in an allowance for the non‑SES employee that:
 (i) takes effect under an individual flexibility arrangement agreed with the non‑SES employee that, because of paragraph 202(2)(b) of the Fair Work Act 2009, is a term of an enterprise agreement that applies to the non‑SES employee; and
 (ii) takes effect on the same day, and at the same rate, as an increase in the non‑SES employee's salary under that enterprise agreement.
 (2) To avoid doubt, the kinds of individual flexibility arrangements covered by paragraphs (1)(c) and (d) include each of the following:
 (a) an individual flexibility arrangement agreed to before the qualifying period;
 (b) an individual flexibility arrangement for which paragraph 7(2)(d) of the Public Service (Terms and Conditions of Employment) (Services Australia—Non‑SES Employees) Determination 2020 applies.
Note: An increase under these individual flexibility arrangements will only be covered if the increase would (apart from this instrument) take effect during the qualifying period.

Kinds of increases in salary and allowances that will not be deferred
 (3) Subsection (1) does not cover any of the following kinds of increases:
 (a) an increase in the non‑SES employee's salary that takes effect because of a variation of a rate of salary set out in an award;
 (b) an increase in the non‑SES employee's salary or allowances that takes effect because the non‑SES employee starts performing duties on a temporary or ongoing basis:
 (i) at a higher classification; or
 (ii) at a classification mentioned in any of paragraphs 5(a) to (e);
 (c) an increase in the non‑SES employee's salary or allowances that takes effect because of a performance‑based progression within the non‑SES employee's classification;
 (d) an increase in the non‑SES employee's salary or allowances that takes effect because of the completion of a training program or the obtaining of a qualification.