Defence Determination 2013/28, Salary non-reduction and rent ceilings– amendment
I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.Dated 11 June 2013
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group
PAGE INTENTIONALLY LEFT BLANK
1
/Citation
1. / This Determination is Defence Determination 2013/28, Salary non-reduction and rent ceilings – amendment.2. / This Determination may also be cited as Defence Determination 2013/28.
2
/Commencement
This Determination commences onthe date of signature.3
/Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.4
/Annex 3.2.A (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1
substitutethe Part set out in the Schedule
5
/Annex 3.2.B (Salary non-reduction – Flight test engineers)
omit, wherever occurring7 August 2013
insert
13 August 2016
6
/Annex 7.B (Rent ceilings), Part 1.1
entry forExmouth/Learmonth, omit479
7
/Annex 7.B (Rent ceilings), Part 1.2
entry forExmouth/Learmonth, omit809
8
/Annex 7.B (Rent ceilings), Part 2
entry forExmouth/Learmonth, omit809
9
/Annex 7.B (Rent ceilings), Part 3
entry forExmouth/Learmonth, omit405
10
/Annex 7.B (Rent ceilings), Part 4
entry forExmouth/Learmonth, omit300
11
/Annex 7.B (Rent ceilings), Part 5
entry forExmouth/Learmonth, omit247
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2013/1 and amendments made by Defence Determinations 2013/1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27.
SCHEDULE
Part 1: Members with the rank of Warrant Officer Class 1
Item / Column 1Relevant pay grade, employment category and conditions (if any) / Column 2
Salary non-reduction begins on ... / Column 3
and ends on ...
AIR FORCE
Pay grade 3
1. / Security Police Grade 1 – Military Working Dog Handler on 3July2013 / 4 July 2013 / 3 July 2016.
2. / Security Police Grade 1 – Security and Law Enforcement on 3July2013 / 4 July 2013 / 3 July 2016.
Pay grade 4
3. / Security Police Grade 2 – Security and Law Enforcement on 3July2013 / 4 July 2013 / 3 July 2016.
Pay grade 5
4 / Flight Engineer on pay grade5 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
5. / Security Police Grade 3 – Service Investigator on 3July2013 / 4 July 2013 / 3 July 2016.
Pay grade 6
6. / Flight Engineer on pay grade6 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
7. / Security Police Grade 4 – Service Investigator on
3 July2013 / 4 July 2013 / 3 July 2016.
Pay grade 7
8. / Flight Engineer on pay grade7 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
Pay grade 8
9. / Flight Engineer on pay grade8 the day prior to remuster to another Airmen Aircrew mustering / date of remuster to another Airmen Aircrew mustering / the day five years from the date of remuster to another Airmen Aircrew mustering.
EXPLANATORY STATEMENT
Defence Determination 2013/28
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 salaries and bonuses for members of the Australian Defence Force (ADF). Chapter7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).
This Determination has the following purposes.
- To include a salary non-reduction period for Warrant Officer Flight Engineers who remuster to another Airmen Aircrew mustering.
- To extend the salary non-reduction period for members of the Flight Test Engineer employment category.
- To remove rent ceilings for Exmouth and Learmonth from Annex 7.B.
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 date of signature.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4amends Part 1 of Annex 3.2.Aof the Principal Determination, which lists the employment categories and conditions for salary non-reduction for members who hold the rank of Warrant Officer Class 1. This amendment inserts Warrant Officer Class 1 Flight Engineers into the table in Part 1. These members are to be covered by the salary non-reduction provisions set out in Chapter 3 Part 2 Division 5 of the Principal Determination for five years from the date of remuster to another Airmen Aircrew mustering. This will provide enough time for them to undertake further training to enter a new employment category with a pay grade that provides a salary rate that is at least equal to their current salary rate in Schedule B.2 of Defence Force Remuneration TribunalDetermination No. 15 of 2008, Salaries, as amended.
Clause 5amends Annex 3.2.B of the Principal Determination, which lists salary non-reduction periodsfor Flight Test Engineers.This amendment protects a Flight Test Engineer's rate of salary as that employment category has been restructured. The amendment extends the period of salary non-reduction to 13 August 2016. This will provide enough time for them to enter an employment category or speciality field that has a salary rate that is at least equal to their current salary rate in Schedule B.2 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, as amended.
Clauses 6 to 11 amend Annex 7.B of the Principal Determination which lists rent ceiling amounts. The amendment removes the rent ceilings listed in column4 ofPart 1.1 to Part 5 of Annex7.B for Exmouth/Learmonth. Defence Determination 2013/3, Review of housing contributions and allowances – amendment, implemented an annual review of housing contributions which included rent ceilings. At that time weekly rent ceilings were included for Exmouth and Learmonth,providing the weekly rent ceiling for members at the rank of Major, Lieutenant and Colonel.These amounts are not used and so they are being removed from the tables. No members will be disadvantaged by this change as there are no members at these levels in Exmouth or Learmonth.
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.
Authority: Section 58B of the
Defence Act 1903
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Defence Determination 2013/28, Salary non-reduction and rent ceilings – amendment
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
This Determination provides salary non-reduction provisions to ensurecurrent members' salaries are not reducedas a consequence of therestructure of their employment category.It also removes rent ceilings for Exmouth and Learmonth from Annex 7.B.
Human rights implications
This Determination engages the following human rights:
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, particularly remuneration and equal opportunity to be promoted to a higher level.
Legitimate objective:This Determination advances the specific rights in articles 7(a) and 7 (c). It ensures that ADF members are remunerated for equal work of equal value without distinction of any kind, and are promoted based on their seniority and their professional qualifications.
Reasonable, necessary and proportionate:The requirement to serve a specified period of time and gain certain qualifications to be eligible for salary advancement or promotion is consistent with the remuneration right provided by articles 7(a) and 7(c) of this covenant. This Determination preserves the rate of salary for ADF members for a specified period of time after their employment category has been restructured. The extended period of salary non-reduction allows the member to undertake further training to up-skill or recategorise to an employment category and pay grade at or above their previous pay rate. At the conclusion of the training, their new employment category or pay grade will provide a salary rate that is equal to or greater than their current salary rate.
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising to this effect the essential importance of an adequate standard of living, this includes housing.
Legitimate objective: Defence members are required to live in various posting locations throughoutAustralia. This could cause a member and their family financial hardship or low housing standards if theyare required to live in a high cost rental location.
Reasonable, necessary and proportionate:Members may receive rent allowance to assist with the cost of rental accommodation at their posting location.The purpose of the rent ceilings is to reflectanominalamount of rent in the posting location,whichwould allow a member to rent a suitable home for them and their family. The members arerequired to make contributions towards their rental accommodation. The subsidythe Commonwealth provides is approximately 50% of the cost of the rental accommodation up to the rent ceiling.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
Christon Scott Chamley, Acting Director General People Policy and Employment Conditions