Defence Determination 2016/27, Salary Non-Reduction Amendment

Defence Determination 2016/27, Salary non-reduction – amendment

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 30 June 2016

L A ARNOLD

Acting Assistant Secretary People Policy and Employment Conditions Defence People Group

Ref253

1 Citation 1. This Determination is Defence Determination 2016/27, Salary non-reduction – amendment.

2. This Determination may also be cited as Defence Determination 2016/27.

2 Commencement This Determination commences on 1 July 2016.

3 Amendment Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination.

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

the Annex set out in the Schedule

NOTE 1. Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determination 2016/23, 24, 25 and 26.

2 SCHEDULE Annex 3.2.C: Salary non-reduction – Flight test engineers

Column 1 Column 2 Column 3

Relevant employment Date of effect Date of cessation category

NAVY Pay grade 7 Flight Test Engineer 9 August 2007 13 August 2019

AIR FORCE Pay grade 7 Flight Test Engineer 9 August 2007 13 August 2019

Pay grade 9 Flight Test Engineer 9 August 2007 13 August 2019

Pay grade 10 Flight Test Engineer 9 August 2007 13 August 2019

EXPLANATORY STATEMENT Defence Determination 2016/27

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

In making this Determination, the rule-maker has taken the Caretaker Conventions into account. The amendments made to the Principal Determination do not represent major policy decisions that are likely to commit an incoming government, and do not commit the government to major contracts or undertakings. The amendments use existing funding and adjustment methodologies that increase the efficiency of administration of benefits. As such, the amendments are consistent with the continued observance of the Caretaker Conventions.

Chapter 3 of the Principal Determination sets out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).

The purpose of this Determination has the following purposes.

 To extend the salary non-reduction provisions for Navy and Air Force Flight Test Engineers employment category.

 To remove the Army Flight Test Engineers employment category.

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 1 July 2016.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 amends Annex 3.2.C of the Principal Determination, which lists salary non-reduction periods for members who previously held the employment category of Flight Test Engineer. On 9 August 2007, the employment category of Flight Test Engineers ceased to be an employment category as determined by the Defence Force Remuneration Tribunal. The affected members were given the opportunity to retrain for a new employment category or trade. However, a salary non-reduction provision was provided to ensure that their rate of salary was maintained for the period of their retraining in the new employment category. This amendment extends the salary non-reduction period to 13 August 2019 for those few remaining former Navy and Air Force Flight Test Engineers to finish their retraining for their new employment category.

Former Army Flight Test Engineers have been removed from Annex 3.2.C as all the affected members completed their new employment category training and are on the salary rate applicable to that pay grade and category. This provision is now redundant.

Consultation

Navy, Army and Air Force were consulted and agreed to the changes made by this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the amendment is of a minor or machinery nature and does not substantially alter existing arrangements.

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 2016/27, Salary non-reduction – 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 ensure current members' salaries are not reduced as a consequence of the restructure of their employment category.

Human rights implications

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 who were formerly categorised as Flight Test Engineers maintain their level of remuneration based on their qualifications and skills. 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. On 9 August 2007, the employment category of Flight Test Engineers ceased to be an employment category as determined by the Defence Force Remuneration Tribunal. This determination extends the salary non-reduction period to 13 August 2019 for former Navy and Air Force Flight Test Engineers. This will provide enough time for these members to enter an employment category or speciality field that has a salary rate that is at least equal to the salary rate they received as Flight Test Engineers. Former Army Flight Test Engineers have been removed from Annex 3.2.C as these members have now reached an equal or higher salary rate. Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions