{"id":"F2018L01808","name":"Defence Determination, Conditions of Service Amendment (Salary non-reduction) Determination 2018 (No. 42)","slug":"defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98448,"registerId":"commonwealth-F2018L01808-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of Service Amendment (Salary non-reduction) Determination 2018 (No. 42)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![](image.001.png)\n\nDefence Determination, Conditions of Service Amendment (Salary non-reduction) Determination 2018 (No. 42)\n\nI, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 17 December 2018\n\nF L McSPEERIN\n\nAssistant Secretary  People Policy and Employment Conditions  Defence People Group\n\n \n\n \n\n \n\nContents\n\n1 Name...............................................2\n\n2 Commencement.........................................2\n\n3 Authority.............................................2\n\n4 Schedules.............................................2\n\nSchedule 1—Salary non-reduction amendments 3\n\nDefence Determination 2016/19, Conditions of service \n\n \n\nSchedule 2—Salary non-reduction transitional provision 6\n\nDefence Determination 2016/19, Conditions of service \n\n \n\n1  Name\n\n  This instrument is Defence Determination, Conditions of Service Amendment (Salary non-reduction) Determination 2018 (No. 42).\n\n2  Commencement\n\n  This instrument commences on 27 December 2018.\n\n3  Authority\n\n  This instrument is made under section 58B of the Defence Act 1903.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\nSchedule 1— Salary non-reduction amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | 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, table item 6 |\n| --- | --- |\n|  | Omit the table item, substitute: |\n\n\n \n\n| 6. | Manager Surveillance Target Acquisition (Reserves) | 27 December 2018 | 31 December 2020. |\n| --- | --- | --- | --- |\n\n\n \n\n| 2 | 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, table item 10 |\n| --- | --- |\n|  | Omit the table item, substitute: |\n\n\n \n\n| 10. | Manager Surveillance Target Acquisition (Reserves) | 27 December 2018 | 31 December 2020. |\n| --- | --- | --- | --- |\n\n\n \n\n| 3 | 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, table item 14 |\n| --- | --- |\n|  | Omit the table item, substitute: |\n\n\n \n\n| 14. | Manager Surveillance Target Acquisition (Reserves) | 27 December 2018 | 31 December 2020. |\n| --- | --- | --- | --- |\n\n\n \n\n| 4 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 10, column 3 |\n| --- | --- |\n|  | Omit \"2018\", substitute \"2020\". |\n| 5 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 17, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n\n\n \n\n\n\n\n \n\n| 6 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 18, column 3 |\n| --- | --- |\n|  | Omit \"2018\", substitute \"2020\". |\n| 7 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 19, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n| 8 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 24, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n| 9 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 25, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n| 10 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 31, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n| 11 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 32, column 3 |\n|  | Omit \"2018\", substitute \"2020\". |\n\n\n \n\n\n\n\n| 12 | Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 36 |\n| --- | --- |\n|  | Omit the table item, substitute: |\n\n\n \n\n| 36. | Manager Operations Ground Based Air Defence on 16 November 2016 at the rank of Sergeant | 27 December 2018 | 17 November 2020. |\n| --- | --- | --- | --- |\n| 36A. | Manager Operations Offensive Grade 2 on 16 November 2016 at the rank of Sergeant | 27 December 2018 | 17 November 2020. |\n| 36B. | Manager Surveillance Target Acquisition on 16 November 2016 at the rank of Sergeant (Permanent Forces) | 27 December 2018 | 17 November 2020. |\n| 36C. | Manager Surveillance Target Acquisition (Reserves) | 27 December 2018 | 31 December 2020. |\n\n\n \n\n \n\n \n\nSchedule 2— Salary non-reduction transitional provisions\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Salary non-reduction – transitional provision\n- 1. This section applies to a member to whom all the following applied on 16 November 2016.\n- a. The member held the rank sergeant.\n- b. The member's employment category was either of the following.\n- i. Manager Operations Ground Based Air Defence.\n- ii. Manager Operations Offensive Grade 2.\n- c. The member was in receipt of salary at pay grade 6.\n- 2. For the period 17 May 2018 to the commencement of this Determination, the member is eligible to be paid the rate of salary payable to the member on 16 November 2016 (adjusted in accordance with subsection 3), payable under Schedule B.12 of DFRT Determination No. 15 of 2008, Salaries, as amended to 3 April 2017, and from 4 April 2017 the rate of salary under Schedule B.12 of DFRT Determination No. 2 of 2017, Salaries, as amended to date.\n- 3. The rate of salary used in subsection 2 may be adjusted by either of the following.\n- a. An increment advancement owed to the member under Defence Determination 2016/19, Conditions of service Chapter 3 Part 2 Division 5, during the period described in subsection 2.\n- b. The rate of a general salary increase determined by the Defence Force Remuneration Tribunal that applied to a period described in subsection 2.\n- 4. This section ceases to apply to a member whose salary is affected by any of the following.\n- a. The member's performance of duty being unsatisfactory.\n- b. The member being subject to disciplinary action.\n- c. An administrative sanction.\n- d. The member choosing to transfer to another employment category.\n- e. Reduction in rank.\n- f. The member ceasing to hold a competency required by the specialist career structure for which salary was previously payable to the member.\n- g. The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that includes salary non-reduction period for the member.\n\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment remains tightly scoped to its original purpose of salary protection for specific Defence Force employment categories. While it extends timeframes and adds specific roles, it does not expand beyond the core mechanism of preventing salary reduction for members transitioning between ranks or roles."},"complexity_factors":["Highly specific targeting: only applies to members who held exact rank (Sergeant) on exact date (16 November 2016) in specific employment categories","Multiple nested conditions in Schedule 2: requires satisfaction of three cumulative criteria (rank, employment category, pay grade) plus seven separate termination triggers","Cross-references to external instruments: DFRT Determination No. 15 of 2008 and No. 2 of 2017, Defence Determination 2016/19","Date arithmetic: multiple specific dates (16 November 2016, 17 May 2018, 27 December 2018, 31 December 2020, 17 November 2020) that must be tracked","Amendment structure: modifies existing Annex 3.2.B through substitution and omission operations rather than standalone text"],"plain_english_summary":"This change extends Defence pay non-reduction protections to the end of 2020, adds certain operational roles (including Manager Surveillance Target Acquisition) for both permanent and reserve members, and prevents salary cuts when members move roles or ranks. \n\nIt also creates a transitional back-pay rule for sergeants who held a specified pay grade on 16 November 2016, ensuring they receive the higher rate for the May 2018–effective date period. It chiefly affects Warrant Officers and lower-ranked specialists in critical operational trades."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument amends the existing Defence Determination 2016/19 by altering Annex 3.2.B entries to extend or set new salary non‑reduction end dates and by adding new table items for specified roles (Schedule 1). It also creates a transitional entitlement for members meeting the historical criteria on 16 November 2016 and prescribes the pay basis and allowable adjustments (Schedule 2, subsections 1–3). The employer (Defence) is required to apply historic pay rates per the DFRT schedules for the period 17 May 2018 to commencement (Schedule 2, subsection 2). Entitlement can cease on a range of events listed in Schedule 2, subsection 4, and the instrument is made under section 58B of the Defence Act 1903 (section 3)."},"complexity_factors":["Multiple targeted amendments to tabular entries across Annex 3.2.B (Schedule 1) requiring precise role, rank and date changes rather than a single formulaic change.","Cross‑references to other instruments and pay schedules (DFRT Determination No. 15 of 2008 and No. 2 of 2017; Schedule B.12) for calculating transitional pay (Schedule 2, subsection 2).","Different effective and expiry dates for different table items (e.g. 31 December 2020 vs 17 November 2020) increasing administrative complexity (Schedule 1 replacements).","Eligibility is historical and granular: applies only to members who held specified rank, employment category and pay grade on 16 November 2016 (Schedule 2, subsection 1).","Calculation adjustments allowed for increments and general salary increases create look‑back and pro‑rata accounting requirements (Schedule 2, subsection 3).","Multiple cessation triggers (unsatisfactory performance, disciplinary action, administrative sanctions, voluntary transfer, rank reduction, loss of competency, or separate DFRT transitional determination) require case‑by‑case entitlement assessments (Schedule 2, subsection 4).","Authority and commencement mechanics are administrative (made under s58B of the Defence Act 1903; commences 27 December 2018) creating deadlines for payroll implementation (instrument, sections 2–3).","Potential for interpretive issues from re‑numbered and newly inserted table items and mixed references to Permanent Forces vs Reserves (Schedule 1 table edits)."],"plain_english_summary":"This Determination changes Defence’s Conditions of Service to preserve earlier salary rates for specific warrant officers and sergeants in named specialist roles by altering table entries and extending non-reduction date protections. It also creates a transitional pay entitlement covering 17 May 2018 to commencement, sets how that pay is calculated, and lists events that end the entitlement. It affects members in the listed ranks and roles and matters because it determines whether Defence pays historic salary rates and for how long."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42","history":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-salary-non-reduction-determination-2018-no-42/documents"}}