Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to clarify the eligibility period for executive vehicle allowance for members who have been directed to act at a star rank and members who have been directed to perform higher duties of a star rank, to amend the eligibility period for evacuation assistance, to clarify the reunion travel provisions for members, to allow members to use multiple reunion travel benefits at one time to offset the cost of travel for multiple dependants to visit the member at their duty location, to provide salary non-reduction provisions for members of the Air Force who transfer to a Network Technician employment category, to provide salary non-reduction provisions for members of the Navy who transfer to a Maritime Human Resource Officer employment category, to remove employment categories from the salary non-reduction provisions when the non-reduction period has expired and to remove expired transitional provisions for members of the Reserves.
Administered by: Defence
Registered 08 Jan 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment (Omnibus) Determination 2020 (No. 1)

I, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 7 January 2020

Michael Ian McCulloch

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Executive vehicle allowance and evacuation assistance                       2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Reunion travel for members amendments                                           3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Salary non-reduction amendments                                                       8

Defence Determination 2016/19, Conditions of service                                                                8

Schedule 4—Transitional provision                                                                          15

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Omnibus) Determination 2020 (No. 1).

2  Commencement

 

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

 

Column 1

Column 2

Provisions

Commencement

1. Sections 1 to 4, Schedule 1, Schedule 3 and Schedule 4

9 January 2020

2. Schedule 2

6 February 2020

 

 

Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

 

 

Schedule 1—Executive vehicle allowance and evacuation assistance

Defence Determination 2016/19, Conditions of service

1
Paragraph 4.6.6.2.b (Executive vehicle allowance)

 

Omit the paragraph, substitute:

 

b.

They have been directed to act at a star rank under paragraph 13(1)(b) of the Regulation for a continuous period of four weeks or more.

 

c.

They have been directed to perform higher duties of a star rank for a continuous period of three months or more.

2
Subsection 7.11.3.1 (Period of evacuation assistance)

 

Omit the subsection, substitute:

1.

A member is eligible for evacuation assistance from one of the following times.

 

a.

If the evacuation order included a start time, that time.

 

b.

If no start time was included in the evacuation order, the time the evacuation order was issued.

Schedule 2—Reunion travel for members amendments

Defence Determination 2016/19, Conditions of service

1
Section 6.5.23 (Overseas personal location), see notes

 

Omit the see notes.

2
Chapter 9 Part 3 Division 4 (Reunion travel for members)

 

Omit the Division, substitute:

Division 4: Reunion travel for members

9.3.28    Purpose

 

The purpose of reunion travel is to reunite a member with their dependants who do not accompany the member to their posting location. Travel is provided at Commonwealth expense for either of the following.

 

a.

For the member to visit their dependants.

 

b.

For the dependants to visit the member.

9.3.29    Member this Division applies to

 

This Division applies to the following members performing duty within Australia.

 

a.

A member with dependants (unaccompanied).

 

b.

A member with dependants posted to a seagoing ship or seagoing submarine.

9.3.30    Reunion travel credits general

1.

This section applies to a member who is not on a flexible service determination.

2.

A member is eligible for the following number of reunion travel credits.

 

a.

If they are expected to be separated from their dependants for 12 months — six credits.

 

b.

If they are expected to be separated from their dependants for less than 12 months one credit for each two month period of expected separation.

3.

A member who is separated from their dependants for two months or less is not eligible for a reunion travel credit.

 

 

9.3.31  Reunion travel credits member on a flexible service determination

1.

This section applies to a member on a flexible service determination.

2.

A member is eligible for the following number of reunion travel credits.

 

a.

If the member is expected to be separated from their dependants for 12 months — the number calculated under subsection 3.

 

b.

If the member is expected to be separated from their dependants for more than two months and less than 12 months a pro rata amount of the number calculated under subsection 3.

 

c.

If the member is expected to be separated from their dependants for two months or less — zero.

3.

The number of reunion travel credits for a member's percentage of full-time duty in column A of the following table, calculated under subsection 4, is the number in column B in the same item.

 

Item

Column A

Percentage of full time duty

Column B

Maximum number of credits a year

1.

Less than 25%

two

2.

25% to 50%

three

3.

More than 50% and less than 75%

four

4.

75% to less than 100%

five

 

4.

For the purpose of subsection 3, the percentage of full time duty is calculated using the following formula.

 

 

Where:

 

A

is the number of full days of duty in the member's pattern of service over the duration of the flexible service determination.

 

B

is the sum of the combination of part days of duty in a fortnight that add up to eight hours, over the duration of the flexible service determination.

 

Days

is the total number of days over the duration of the flexible service determination.

5.

If a member’s pattern of service is varied, the number of reunion travel credits is to be recalculated in accordance with subsection 2 to subsection 4.

Note: A recalculation is not undertaken if the variation is for 28 or less continuous days.

6.

If a member's flexible service determination is ended for Service reasons with at least three months remaining in the 12 month period beginning the day the separation period began, the member is eligible for six reunion travel credits in that 12 month period.

7.

If a member ends their flexible service determination with at least six months remaining in the 12 month period beginning the day the separation period began, the member is eligible for six reunion travel credits in that 12 month period.

9.3.32    Crediting and expiry of reunion travel credits

1.

Reunion travel credits are credited to the member on one of the following days.

 

a.

If the separation period occurs immediately after the member was living with their dependants — the day the separation period commences.

 

b.

If the separation period is expected to continue for more than two months immediately after the member's reunion travel credits have expired under subsection 2 — the day after the reunion travel credits expire.

2.

Reunion travel credits expire on one of the following days.

 

a.

If the expected period of separation is 12 months or more — the day that is 12 months after they were credited.

 

b.

If the expected period of separation is less than 12 months — the day that is the last day of the expected period of separation.

3.

The period under subsection 2 may be extended if the following apply.

 

a.

The CDF is satisfied the member could not use the credits due to Service reasons.

 

b.

The member continues to be separated from their dependants after their reunion credits would have expired.

 

Note: Credits may be used at any time during the period of separation, subject to section 9.3.33A.

9.3.33    Benefit for each reunion travel credit

1.

Subject to subsection 2, a reunion travel credit is door-to-door travel, including a return economy class airfare, between a location in paragraph a and a location in paragraph b.

 

a.

One of the following.

 

 

i.

The member's duty location.

 

 

ii.

If the member is posted to a seagoing ship or seagoing submarine, any port in Australia.

 

b.

One of the following.

 

 

i.

If the dependants live in Australia, the location of the dependant's home.

 

 

ii.

If the dependants do not live in Australia, the nearest international terminal in Australia to the member's duty location that has flights to or from the country where the dependant’s live.

 

Note: Door-to-door travel is defined in section 9.1.12.

2.

If a member uses a reunion travel credit for a dependant to travel to the member’s location and the travel is not booked by Defence, a reunion travel credit is the lesser of the following amounts.

 

a.

The value of benefit provided under subsection 1, calculated under section 9.1.8.

 

b.

The total cost of door-to-door travel for the dependants travelling on the reunion travel credit.

 

Notes:

 

1.

A member may use a reunion travel credit under subsection 2 for more than one dependant to travel.

 

2.

The benefit under subsection 2 is paid by reimbursement.

3.

If the travel is by a means of transport other than air, the member is eligible for an amount up to the normal departmental liability under section 9.1.7 that would have been payable.

9.3.33A    Using reunion travel credits

1.

A member's reunion travel credits may be used by the member or by the member's dependants.

2.

If the member is to be absent from duty during a period to which the use of the reunion travel credit relates, the member must be on one of the following to use a reunion travel credit.

 

a.

A form of leave.

 

b.

A nonworking period.

 

Note: A member does not need leave approved for their dependants to travel to the member's location if the member is not going to be absent from duty.

3.

A member's reunion travel credits are reduced by all the following.

 

a.

One of the following.

 

 

i.

One credit for each person who travels using the member’s reunion travel credits under subsection 9.3.33.1.

 

 

ii.

The number of credits used by the member under subsection 9.3.33.2.

 

b.

One credit for each time all of the following apply.

 

 

i.

The member serves on temporary duty in the same location as their dependants.

 

 

ii.

The member is not required for duty for two or more days in a row.

 

 

Note: The member is expected to use the free time for the purpose of reuniting with their family.

 

c.

One credit for each person who travels using a reunion travel credit if all the following apply.

 

 

i.

The member’s dependant is a member.

 

 

ii.

The dependant has reunion travel credits.

 

 

ii.

The dependant’s reunion travel credits are used to reunite with the member.

 

Note: Section 9.4.4A limits the number of recreation leave travel, reunion travel, and remote location leave travel trips to a combined total of seven in a 12 month period.

9.3.33B    Using multiple reunion travel credits

 

A member may use more than one reunion travel credit at the same time if all the following apply.

 

a.

The CDF is satisfied that the use of more than one reunion travel credit at a time is reasonable.

 

b.

Two or more of the member’s dependants are travelling to the member’s duty location.

 

c.

The member has the required number of reunion travel credits.

3
Section 9.4.4 (CDF approval of closest relative)

 

After the section, insert:

9.4.4A    Interaction with other travel and reunion benefits

 

The combined total number of the following travel must not exceed seven in the same 12 month period under subsection 9.3.30.1.

 

a.

Recreation leave travel under Division 1.

 

b.

Remote location leave travel under Division 4.

 

c.

Reunion travel for members under Part 3 Division 4.

 

Note: For the purpose of counting the number of trips, one reunion travel credit is equal to one trip.

4
Subsection 9.4.8.5 (Number of recreation leave travel trips)

 

Omit the subsection, substitute

 

Note: Section 9.4.4A limits the number of recreation leave travel, reunion travel, and remote location leave travel trips to a combined total of seven in a 12 month period.

5
Section 9.4.23 (Purpose), Notes

 

After note 2, insert:

 

3. Section 9.4.4A may limit a member’s remote location leave travel benefits.

6
Section 9.4.39 (Schemes A and B – interaction with other travel benefits)

 

Omit the section.

 

 

 

Schedule 3Salary non-reduction amendments

Defence Determination 2016/19, Conditions of service

1
Section 3.2.2 (Contents)

 

Omit the entries for Annex 3.2.A and Annex 3.2.C.

2
Section 3.2.31 (2 July 2015 transition for reserves)

 

Omit the section.

3
Section 3.2.32 (Placement under new increment structure on 2 July 2015)

 

Omit the section.

4
Section 3.2.49 (Definitions), table

 

Omit the table, substitute:

 

Term

Definition

Relevant employment category

Means an employment category listed in either of the following for the purposes of salary non-reduction.

a.

Subsection 3.2.52.3 column A of table item 2.

b.

Column B of the following Annexes.

 

i.

Annex 3.2.B – Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

 

ii.

Annex 3.2.D – Salary non-reduction – Officers

 

5
Paragraph 3.2.50.e (Member this Division applies to)

 

After the paragraph, insert:

 

 

f.

The member is in the Air Force in a Communications Electronic Technician employment category and volunteers to transfer to a Network Technician employment category between 25 June 2020 and 24 June 2025.

 

6
Paragraph 3.2.51.d (Member this Division does not apply to)

 

After the paragraph, insert:

 

 

Note: This paragraph does not apply if paragraph 3.2.50.f applies.

7
Subsection 3.2.52.3 (Salary non-reduction period), table

 

Omit the subsection, substitute:

 

3.

For subsection 1, the salary non-reduction period applies to a member who meets the conditions in column A of the following table for the period starting on the date in column B and ending on the date in column C.

 

 

Item

Column A

Conditions

Column B

Start date

Column C

End date

1.

A Warrant Officer Class 1 or lower who is in a pay grade in column A of Part 1 or Part 2 of Annex 3.2.B and holds a relevant employment category and meets any conditions specified for that category in column B.

The date listed in column C of the relevant Part of Annex 3.2.B.

The earlier of the following.

a.

The date listed in column D of the relevant Part of Annex 3.2.B.

b.

The day the member ceases to meet a condition specified for the relevant category.

2.

An officer in the Air Force who is in pay grade 7 and holds a Flight Test Engineer employment category.

9 August 2007

12 August 2020

3.

An officer who is in a pay grade in column A of Annex 3.2.D and holds a relevant employment category in column B.

The date listed in column C of Annex 3.2.D.

The date listed in column D of Annex 3.2.D.

4.

Not described in table item 1, 2 or 3.

The day the member becomes eligible under section 3.2.50.

The later of the following days.

a.

After 18 months.

b.

A day later than 18 months decided by the CDF.

 

8
Annex 3.2.A (Transitional increment conversion table for Reservists)

 

Omit the Annex.

9
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower)

 

Omit the Annex, substitute:

Annex 3.2.B: Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

Part 1: Members with the rank of Warrant Officer Class 1

Item

Column A

Pay Grade

Column B

Employment category and conditions (if any)

Column C

Start date

Column D

End date

 

ARMY

1.

Pay Grade 4

Musician Grade 2

7 March 2019

7 March 2024

2.

Pay Grade 5

Musician Grade 3

7 March 2019

7 March 2024

3.

Pay Grade 5

Pipe Major

7 March 2019

7 March 2024

4.

Pay Grade 6

Manager Surveillance Target Acquisition (Reserves)

27 December 2018

31 December 2020

5.

Pay Grade 6

Musician Grade 3

7 March 2019

7 March 2024

6.

Pay Grade 7

Manager Surveillance Target Acquisition (Reserves)

27 December 2018

31 December 2020

7.

Pay Grade 8

Manager Surveillance Target Acquisition (Reserves)

27 December 2018

31 December 2020

8.

Pay Grade 8

Musician Grade 3

7 March 2019

7 March 2024

 

AIR FORCE

9.

Pay Grade 5

Flight Engineer on pay grade 5 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.

10.

Pay Grade 6

Flight engineer on pay grade 6 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.

11.

Pay Grade 6

Network Technician Supervisor (Tier A)

25 June 2020

24 June 2025

12.

Pay Grade 7

Flight Engineer on pay grade 7 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.

13.

Pay Grade 7

Network Technician Technical Manager (Tier A)

25 June 2020

24 June 2025

14.

Pay Grade 7

Network Technician Warrant Officer Networks (Tier A)

25 June 2020

24 June 2025

15.

Pay Grade 8

Flight Engineer on pay grade 8 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.

Part 2: Members with the rank of Warrant Officer Class 2 or lower

Item

Column A

Pay grade

Column B

Employment category and conditions (if any)

Column C

Start date

Column D

End date

 

NAVY

1.

Pay grade 3

Maritime Logistics Personnel Operations – Grade 2

8 March 2018

7 March 2021

2.

Pay grade 8

Electronic Warfare Submarines – SM Skill Grade 2

24 January 2019

23 January 2021

 

ARMY

3.

Pay grade 2

Operator Radar Grade 1 (Reserve)

1 January 2016

31 December 2020

4.

Pay grade 3

Musician Grade 1

7 March 2019

7 March 2024

5.

Pay grade 3

Operator Radar Grade 2 (Reserve)

1 January 2016

31 December 2020

6.

Pay grade 3

Operator Radar Grade 3 (Reserve)

1 January 2016

31 December 2020

7.

Pay grade 3

Operator Radar Grade 5 (Reserve)

1 January 2016

31 December 2020

8.

Pay grade 3

Piper Drummer and Bugler Grade 1

7 March 2019

7 March 2024

9.

Pay grade 4

Carpenter Grade 2

28 November 2019

27 November 2024

10.

Pay grade 4

Electrician Grade 2

28 November 2019

27 November 2024

11.

Pay grade 4

Geomatic Technician Grade 2

1 July 2018

30 June 2021

12.

Pay grade 4

Musician Grade 2

7 March 2019

7 March 2024

13.

Pay grade 4

Operator Radar Grade 4 (Reserve)

1 January 2016

31 December 2020

14.

Pay grade 4

Operator Radar Grade 7 (Reserve)

1 January 2016

31 December 2020

15.

Pay grade 4

Piper Drummer and Bugler Grade 2

7 March 2019

7 March 2024

16.

Pay grade 4

Plumber

28 November 2019

27 November 2024

17.

Pay grade 5

Drum Major

7 March 2019

7 March 2024

18.

Pay grade 5

Geomatic Technician Grade 4

1 July 2018

30 June 2021

19.

Pay grade 5

Musician Grade 3

7 March 2019

7 March 2024

20.

Pay grade 5

Operator Radar Grade 6 (Reserve)

1 January 2016

31 December 2020

21.

Pay grade 5

Operator Radar Grade 8 (Reserve)

1 January 2016

31 December 2020

22.

Pay grade 5

Pipe Major

7 March 2019

7 March 2024

23.

Pay grade 6

Geomatic Technician Grade 6

1 July 2018

30 June 2021

24.

Pay grade 6

Manager Operations Ground Based Air Defence on 16 November 2016 at the rank of Sergeant

27 December 2018

17 November 2020

25.

Pay grade 6

Manager Operations Offensive Grade 2 on 16 November 2016 at the rank of Sergeant

27 December 2018

17 November 2020

26.

Pay grade 6

Manager Surveillance Target Acquisition on 16 November 2016 at the rank of Sergeant (Permanent Forces)

27 December 2018

17 November 2020

27.

Pay grade 6

Manager Surveillance Target Acquisition (Reserves)

27 December 2018

31 December 2020

 

AIR FORCE

28.

Pay grade 3

Network Technician Grade 1

25 June 2020

24 June 2025

29.

Pay grade 4

Network Technician Grade 2

25 June 2020

24 June 2025

30.

Pay grade 5

Flight Engineer on pay grade 5 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.

31.

Pay grade 5

Network Technician Advanced

25 June 2020

24 June 2025

32.

Pay grade 6

Flight Engineer on pay grade 6 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.

33.

Pay grade 6

Network Technician Supervisor

25 June 2020

24 June 2025

34.

Pay grade 7

Flight Engineer on pay grade 7 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.

35.

Pay grade 7

Network Technician Technical Manager

25 June 2020

24 June 2025

36.

Pay grade 8

Flight Engineer on pay grade 8 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.

 

10
Annex 3.2.C (Salary non-reduction – Flight test engineers)

 

Omit the Annex.

11
Annex 3.2.D (Salary non-reduction – Officers)

 

Omit the Annex, substitute:

Annex 3.2.D: Salary non-reduction – Officers

 

Item

Column A

Pay grade

Column B

Specialist employment category, level, and conditions (if any)

Column C

Start date

Column D

End date

1.

Pay grade 3

Engineer Officer – Engineering Officer Grade 3 on 30 June 2018 and compulsorily transferred by their Service

1 July 2018

1 July 2021

2.

Pay grade 4

Engineer Officer – Engineering Officer Grade 4 on 30 June 2018 and compulsorily transferred by their Service

1 July 2018

1 July 2021

3.

Pay grade 4

Management Executive Tier 1 – Specialist

30 June 2020

29 June 2025

4.

Pay grade 5

Engineer Officer – Engineering Officer Grade 5 on 30 June 2018 and compulsorily transferred by their Service – Combat Control Officer on 26 March 2015

1 July 2018

1 July 2021

5.

Pay grade 5

Management Executive Tier 2 – Strategic Specialist

30 June 2020

29 June 2025

6.

Pay grade 6

Engineer Officer –Engineering Officer Grade 6 on 30 June 2018 and compulsorily transferred by their Service – Combat Control Officer on 26 March 2015

1 July 2018

1 July 2021

7.

Pay grade 6

Management Executive Tier 3 – Senior Strategic Specialist

30 June 2020

29 June 2025

8.

Pay grade 7

Engineer Officer –Engineering Officer Grade 7 on 30 June 2018 and compulsorily transferred by their Service

1 July 2018

1 July 2021

9.

Pay grade 8

Management Executive Shore Command

30 June 2020

29 June 2025

Schedule 4—Transitional provision

1
Transitional – Evacuation assistance

 

A member who was evacuated from a Defence establishment between 12 December 2019 and the commencement of this Determination is eligible for evacuation assistance under Chapter 7 Part 11 of Defence Determination 2016/19, Conditions of service, had Schedule 1 section 2 of this Determination applied.