Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)
1Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)
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Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)
I, FIONA LOUISE McSPEERIN Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 4 March 2020
FIONA McSPEERIN
Assistant Secretary People Policy and Employment Conditions Defence People Group
Defence Determination 2016/19, Conditions of service
Schedule 2—Consequential amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Transitional provisions
1 Name
This Determination is the Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4).
2 Commencement
This Determination commences on 5 March 2020.
3 Authority
This Determination is made under section 58B of the Defence Act 1903.
4 Schedules
Each determination that is specified in a Schedule to this determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.
Defence Determination 2016/19, Conditions of service
1
Chapter 3 Part 2 Division 4A (Specialist Officer – Aviation – increment placement, progression and transfer)
Omit the Division, substitute:
Division 4A: Specialist Officer – Aviation – increment placement, progression and transfer
3.2.47A Purpose
This Division provides for the increment placement, progression and transfer through the Officer Aviation Pay Structure for an Officer Aviation member.
Section 1 - Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4) - Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4) | Zoe
3.2.47B Definitions
The following table provides a list of terms and their meanings that apply in this Division.
Term
Definition
Aviation specialist
Has the same meaning as prescribed in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.
Means any of the following Navy employment categories under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.<br>a. Maritime Aviation Warfare Officer Competency Progression.<br>b. Maritime Aviation Warfare Officer Competency Progression ADQUAL.<br>c. Maritime Aviation Warfare Officer Time Progression.<br>d. Maritime Aviation Warfare Officer Time Progression ADQUAL.
Officer Aviation member
Has the same meaning as prescribed in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.
Officer Aviation Pay Structure
Means the salary structure under Part B Division 3 sections B.3.7 to B.3.10 of DFRT Determination No. 2 of 2017, Salaries.
Pilot employment category
Means the following under Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.<br>a. For a member of the Navy, any of the following employment categories.<br>i. Pilot Competency Progression.<br>ii. Pilot Competency Progression ADQUAL.<br>iii. Pilot Time Progression.<br>iv. Pilot Time Progression ADQUAL.<br>b. For a member of the Army, any of the following employment categories.<br>i. Pilot — Competency Progression.<br>ii. Pilot — Time Base Progression.
Promoted
Means a member promoted under paragraph 13(1)(a) of the Regulation.
Rank
Means the rank that the member was appointed to or last promoted to under paragraph 13(1)(a) of the Regulation. It does not include a higher rank that the member has been directed to act in under paragraph 13(1)(b) of the Regulation.
Regimental Officers Basic Course – Program (aviation)
Means the completion on Army's junior officer aviation pilot training program, which includes the following.<br>a. Conversion to operational type aircraft.<br>b. Regimental Officer Basic Courses (aviation).
Relevant military service
Means service that meets all of these conditions.<br>a. The service was in the ADF or a foreign military force.<br>b. The service is relevant to the work that the officer is appointed to do.<br>c. The service was performed at a rank equivalent to the rank the officer is appointed to, or at a higher rank.
Years in rank
Means the years in rank under Annex B.3.A to Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the number of years of experience a member has at their rank, unless otherwise stated.
3.2.47C Member this Division does not apply to
This Division does not apply to a member who meets any of the following.
a. The member is an aviation specialist in the Air Force and has not reached the maximum aviation specialist experience level set out in their aviation specialist agreement.
b. The member is an aviation specialist in the Navy or Army and the member's aviation specialist agreement has not expired or been cancelled for Service reasons.
c. The member holds aviation qualifications but ceases to be an Officer Aviation member.
3.2.47D Entry placement – general
Subject to sections 3.2.47E to 3.2.47M, a member has the minimum Officer Aviation increment for their rank, pathway and competency stream when the member becomes an Officer Aviation member.
3.2.47E Entry placement – member who is an aviation specialist
When a member in the Navy or Air Force who is an aviation specialist transfers to the Officer Aviation Pay Structure, the member has an Officer Aviation increment as set out in the conversion table in Annex 3.2.E. The member is placed in the relevant pathway and competency stream.
Subsection 3 applies to a member in the Army who is an aviation specialist and one of the following occurs.
a. The member's aviation specialist agreement expires.
b. The member's aviation specialist agreement is terminated or ceased by Army.
c. The specialist officer salary structure for aviation officers ceases.
The member is placed in the Officer Aviation Pay Structure in the Rotary Wing Pilot competency stream at an Officer Aviation increment within the increment range for their rank that is decided by the CDF, taking into consideration both of the following.
a. The member's experience, qualifications and skills.
b. The member's previous military service.
Note: Transfer from the salary structure for aviation specialists to the Officer Aviation Pay Structure on the Specialist Pathway does not affect or change the member’s increment advancement date.
3.2.47F Entry placement – Other Rank member transfers to the Officer Aviation Pay Structure
1.
This section applies to an Other Rank member who transfers to the Officer Aviation Pay Structure and their salary immediately before the transfer is higher than the rate of salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream.
2.
The member retains the rate of salary payable immediately before the transfer until the salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream is equal to or greater than the retained rate of salary.
3.2.47G Entry placement – Navy Aviation Officers
For the purpose of this section, a member in the Navy who meets the applicable conditions set out in this section is placed in the Command Pathway and one of the following competency streams.
a. If the member is in a Pilot employment category or is undertaking training as a rotary wing pilot — Rotary Wing Pilot competency stream.
b. If the member is in a Maritime Aviation Warfare Officer employment category or undertaking training as an aviation warfare officer — Aviation Warfare Officer competency stream.
A member is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA0 on the day they meet either of the following.
a. The member completes studies at the Australian Defence Force Academy and is promoted to Sub Lieutenant.
b. The member is a direct entry officer and meets either of the following.
i. The member has completed the new entry officer course and is promoted to Acting Sub Lieutenant.
ii. The member has completed officer training and is promoted to Sub Lieutenant.
Despite subsection 2, a member is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA1 on the day they meet either of the following.
a. The member meets all of the following.
i. The member was undertaking study at the Australian Defence Force Academy on 30 June 2019.
ii. The member has completed officer training.
iii. The member has graduated from the Australian Defence Force Academy.
b. The member meets both of the following.
i. The member was undertaking officer training as a direct entry officer on 30 June 2019.
ii. The member has completed officer training.
A member who holds the rank of Sub Lieutenant or Lieutenant has Officer Aviation increment OA9 on the day that they meet all of the following.
a. The member has completed operational flying training as a pilot on a military aircraft.
b. The member has 12 months experience on the aircraft following operational flying training.
c. The member has completed four and a half years of service since one of the following.
i. The member graduated from the Australian Defence Force Academy.
ii. The member completed officer training.
A member who holds the rank of Sub Lieutenant or Lieutenant has an Officer Aviation increment OA8 on the day that the member meets all of the following.
a. The member has completed operational flying training as an aviation warfare officer on a military aircraft.
b. The member has 12 months experience on the aircraft following operational flying training.
c. The member has completed four and a half years of service since one of the following.
i. The member graduated from the Australian Defence Force Academy.
ii. The member completed officer training.
Subsections 7 to 9 apply to a member in the Navy who holds a rank between Lieutenant and Captain and who meets both of the following.
a. The member is in a Pilot or Maritime Aviation Warfare Officer employment category.
b. The Director Navy People Career Management Agency decides that this subsection applies to the member.
A member who holds the rank of Lieutenant has an Officer Aviation increment that corresponds to the member's years of experience, after completing 12 months experience after operational flying training, as provided in Annex B.3.A Part 1 of DFRT Determination No. 2 of 2017, Salaries.
A member who holds the rank of Lieutenant Commander has an Officer Aviation increment that corresponds to the member's years in rank as provided in Annex B.3.A Part 1 of DFRT Determination No. 2 of 2017, Salaries.
A member who holds the rank of Commander on 1 July 2019 the member has an Officer Aviation increment between OA27 and OA29 that has a corresponding salary that is equal to or next higher than the rate of salary on the day immediately before they enter the Officer Aviation Pay Structure.
A member who holds the rank of Captain on 1 July 2019 the member has an Officer Aviation increment between OA35 and OA37 that has a corresponding salary that is equal to or next higher than the rate of salary on the day immediately before they enter the Officer Aviation Pay Structure.
3.2.47H Entry placement – Army Aviation Officers – Generalist pathway
If this section applies, the member is placed in the Generalist Pathway and the Rotary Wing Pilot competency stream.
A member has an Officer Aviation increment OA1 on the day they meet both of the following.
a. The member completes the First Appointment Course.
b. The member is promoted to the rank of Lieutenant or Second Lieutenant.
A direct entry member has an Officer Aviation increment OA0 on the day they meet both of the following.
a. The member completes the First Appointment Course.
b. The member is promoted to the rank of Lieutenant or Second Lieutenant.
A member in the Army Aviation Corps has an Officer Aviation increment between OA1 and OA4, that corresponds to the member's years in rank as a Second Lieutenant, on the day they meet all of the following.
a. The member is an Army Aviation Specialist Service Officer undertaking the Regimental Officers Basic Course – Program (aviation) on 30 June 2019.
b. The member is promoted to the rank of Lieutenant.
c. The member completes the Regimental Officers Basic Course – Program (aviation).
Subsection 6 applies to a member in the Army Aviation Corps who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.
a. The member is in a Pilot employment category.
b. The member is in the generalist stream of the Army Aviation Officer Employment Specification.
c. The member is promoted to the rank of Lieutenant.
d. The member has completed the Regimental Officers Basic Course – Program (aviation).
The member has the higher of the following Officer Aviation increments.
a. The Officer Aviation increment that corresponds to the member's years in rank under Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries.
b. The Officer Aviation increment that has a corresponding rate of salary that is equal to the rate payable immediately before the member's transfer into Officer Aviation Pay Structure, or the next above.
Subsection 8 applies to a member in the Army Aviation Corps who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.
a. The member is promoted to a rank between Captain and Colonel.
b. The member is in a Pilot employment category.
c. The member has not held an aviation troop command, sub-unit command or unit command appointment.
d. The member is in the generalist stream of the Army Aviation Officer Employment Specification.
The member has the relevant of the following Officer Aviation increments.
a. For a member promoted to the rank of Captain — the member has Officer Aviation increment OA8.
b. For a member promoted to the rank of Major — the member has Officer Aviation increment OA21.
c. For a member promoted to the rank of Lieutenant Colonel — the member has Officer Aviation increment OA27.
d. For a member promoted to the rank of Colonel — the member has Officer Aviation increment OA35.
Subsections 10, 11 and 12 apply to a member in the Army who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.
a. The member holds a rank between Captain and Colonel.
b. The member is in a Pilot employment category.
c. The member is in the generalist stream of the Army Aviation Officer Employment Specification.
d. The member's rate of salary calculated under subsections 10, 11 or 12 is equal to, or higher than, the member's salary immediately before transfer into Officer Aviation Pay Structure.
For a member without aviation troop command, sub-unit command or unit command, the member has the relevant of the following Officer Aviation increments.
a. For a member at the rank of Captain — the member has an Officer Aviation increment that corresponds with the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, after the completion of the Regimental Officers Basic Course – Program (aviation), up to a maximum Officer Aviation increment of OA17.
b. For a member at the rank of Major — the member has an Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, up to a maximum of Officer Aviation increment OA23.
c. For a member at the rank of Lieutenant Colonel — the member has an Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, up to a maximum of Officer Aviation increment OA28.
For a member with aviation troop command, sub-unit command or unit command, the member has the relevant of the following Officer Aviation increments.
a. For a member at the rank of Captain who holds, or has previously held, aviation troop command and who has completed six or more years at rank — the member has Officer Aviation increment OA19.
b. For a member at the rank of Major who holds, or has previously held, aviation sub-unit command the member has the relevant of the following Officer Aviation increments.
i. If the member has held, or previously held, the aviation sub-unit command appointment for less than 12 months — the member has Officer Aviation increment OA24.
ii. If the member has held, or previously held, the aviation sub-unit command appointment for 12 months or more — the member has Officer Aviation increment OA25.
c. For a member at the rank of Lieutenant Colonel who holds, or has previously held, Aviation unit command the member has the relevant of the following Officer Aviation increments.
i. If the member has held, or previously held, the aviation unit command appointment for less than 12 months — the member has Officer Aviation increment OA29.
ii. If the member has held, or previously held, the aviation unit command appointment for 12 months or more — the member has Officer Aviation increment OA30.
For a member at the rank of Colonel — the member has the Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries.
3.2.47I Entry placement – Army Aviation Officers – Specialist pathway without previous command appointment
If this section applies, the member is placed in the Specialist Pathway and the Rotary Wing Pilot competency stream.
This section applies to a member in the Army who meets all of the following.
a. The member meets one of the following.
i. The member is a Captain who has held the rank of Captain for five years or more.
ii. The member holds the rank of Major or Lieutenant Colonel.
b. The member is one of the following.
i. The member is in the Pilot – Competency Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.
ii. The member is in the Pilot – Time Based Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries, and agrees to transfer to the Officer Aviation Pay Structure.
c. The member meets either of the following.
i. The member is a qualified test pilot or flight instructor.
ii. The member has been selected by the Personnel Capability Management Board as a regimental pilot.
d. The member meets either of the following.
i. The member has not held a troop command, sub-unit command or unit command appointment.
ii. The member held the rank of Captain for less than six years and held a troop command appointment in the generalist stream of the Army Aviation Officer Employment Specification.
e. The member is in the specialist stream of the Army Aviation Officer Employment Specification.
f. The member's rate of salary for the relevant Officer Aviation increment as calculated in the applicable of subsections 3 to 7, is equal to or greater than the member's rate of salary immediately before their transfer into the Officer Aviation Pay Structure.
For a member who has held the rank of Captain for five years or more, the Officer Aviation increment is either of the following.
a. If the member has less than 12 months experience as a test pilot, flight instructor or regimental pilot — the member has Officer Aviation increment OA17.
b. If the member has 12 months or more experience as a test pilot, flight instructor or regimental pilot — the member will advance one increment from Officer Aviation increment OA17 for each 12 months completed as a Captain after their sixth year, up to a maximum of OA23.
For a member who holds the rank of Major and qualified as a test pilot or flight instructor or was selected as a regimental pilot when they held the rank of Captain, the Officer Aviation increment is calculated below, up to the maximum of OA28.
a. The member's Officer Aviation increment calculated under paragraph 3.b.
b. For the member’s promotion to the rank of Major, the relevant of the following applies.
i. If the member’s Officer Aviation increment under paragraph a. is below OA21 — the member's Officer Aviation increment is OA21.
ii. If the member's Officer Aviation increment under paragraph a. is OA21 or above — the member's Officer Aviation increment is increased by one increment.
c. The member's Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA28, for each 12 months completed at the rank of Major.
For a member who holds the rank of Major and who qualified as a test pilot or flight instructor while holding the rank of Major, the member's Officer Aviation increment is calculated using the applicable of the following.
a. If the member qualified within their first three years at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA21, up to the maximum of OA28, for each 12 months completed at the rank of Major.
b. If the member qualified in or after their fourth year at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA23, up to the maximum of OA28, for each 12 months completed after they qualified.
For a member who holds the rank of Lieutenant Colonel and qualified as a test pilot or flight instructor when they held the rank of Captain has the Officer Aviation increment calculated using all of the following.
a. The member's Officer Aviation increment calculated for a Major under subsection 4.
b. For the member’s promotion to the rank of Lieutenant Colonel, the relevant of the following applies.
i. If the member’s Officer Aviation increment under paragraph a. is below OA27 — the member's Officer Aviation increment is OA27.
ii. If the member's Officer Aviation increment under paragraph a. is OA27 or above — the member's Officer Aviation increment is increased by one increment.
c. The member’s Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA30, for each 12 months completed at the rank of Lieutenant Colonel.
For a member who holds the rank of Lieutenant Colonel and qualified as a test pilot or flight instructor when they held the rank of Major has the Officer Aviation increment calculated using all of the following.
a. The member's Officer Aviation increment for the rank of Major is the relevant of the following.
i. If the member qualified within the first three years at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA21 for each 12 months completed at the rank of Major, up to the maximum of OA28.
ii. If the member qualified in or after their fourth year at the rank of Major — the member's Officer Aviation increment is increased by one increment from OA23 for each 12 months completed after they qualified, up to the maximum of OA28.
b. For the member’s promotion to the rank of Lieutenant Colonel, the member’s Officer Aviation increment under paragraph a. is increased by one increment.
c. The member’s Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA30, for each 12 months completed at the rank of Lieutenant Colonel.
3.2.47J Entry placement – Army Aviation Officers – Specialist pathway with previous command appointment
For the purpose of this section, anniversary occurs every 12 months after the member's most recent promotion date.
If this section applies to a member, the member is placed in the Specialist Pathway and the Rotary Wing Pilot competency stream.
This section applies to a member in the Army who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.
a. The member holds a rank between Captain and Lieutenant Colonel.
b. The member is one of the following.
i. The member is in the Pilot – Competency Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.
ii. The member is in the Pilot – Time Based Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries, and agrees to transfer to the Officer Aviation Pay Structure.
c. The member meets either of the following.
i. The member is a qualified test pilot or flight instructor.
ii. The member has been selected by the Personnel Capability Management Board as a regimental pilot.
d. The member has held one of the following appointments in the generalist stream of the Army Aviation Officer Employment Specification.
i. Aviation troop command for 12 months or more.
ii. Aviation sub-unit command.
iii. Aviation unit command.
e. The member is in the specialist stream of the Army Aviation Officer Employment Specification.
f. The member's rate of salary for the relevant Officer Aviation increment, as calculated in the applicable of subsections 4 to 7, is equal to or greater than the member's rate of salary immediately before their transfer into the Officer Aviation Pay Structure.
Subsection 5 applies to a member who meets all of the following conditions.
a. The member has held the rank of Captain for six or more years.
b. The member has held an aviation troop command appointment.
c. The member qualified as a test pilot or flight instructor or was selected as a regimental pilot after they met the conditions in paragraphs a. and b.
The relevant of the following Officer Aviation increments applies to the member.
a. If the member has less than 12 months experience as a test pilot, flight instructor or regimental pilot — the member has Officer Aviation increment OA19.
b. If the member has 12 months or more experience as a test pilot, flight instructor or regimental pilot, their Officer Aviation increment increases by one increment from Officer Aviation increment OA19, up to the maximum increment of OA23, each anniversary after qualifying as a test pilot, flying instructor or regimental pilot.
For a member who holds the rank of Major the relevant of the following increments applies.
a. If the member has less than 12 months experience as a test pilot or flight instructor — the member has Officer Aviation increment OA24.
b. If the member has 12 months or more experience as a test pilot or flight instructor their Officer Aviation increment increases by one increment from Officer Aviation increment OA24 for each 12 months after the member's anniversary, up to the maximum increment of OA28.
For a member who holds the rank of Lieutenant Colonel the relevant of the following increments applies.
a. If the member has less than 12 months experience as a test pilot or flight instructor — the member has Officer Aviation increment OA29.
b. If the member has 12 months or more experience as a test pilot or flight instructor — the member has Officer Aviation increment OA30.
3.2.47K Entry placement – member in the Air Force who is not an aviation specialist
This section applies to a member in the Air Force who is not an aviation specialist and any of subsections 3 to 6 applies to them.
On the day after the applicable of subsections 3 to 6 applies, the following apply
a. The member is placed in the relevant pathway and competency stream.
b. The member has an Officer Aviation increment in the relevant of the following that has a corresponding salary that is equal to, or greater than, the rate of salary payable to the officer immediately before their placement.
i. For a member of the Permanent Forces — DFRT Determination No. 2 of 2017, Salaries, Schedule B.14 Part 3.
ii. For a member of the Reserves — DFRT Determination No. 2 of 2017, Salaries, Schedule B.14 Part 4.
A member in an air traffic control employment category becomes an Officer Aviation member on the day after they meet both of the following.
a. The member has been promoted under paragraph 13(1)(a) of the Defence Regulation to a rank between Flight Lieutenant and Group Captain.
b. The member has completed their initial minimum period of service or return of service obligation that was applied for their initial air traffic control training.
Subsections 5 and 6 apply to a member in any of the following employment categories.
a. Air Battle Management.
b. Airborne Electronics Officer.
c. Air Mobility Officer.
d. Fast Jet Pilot.
e. Fixed Wing Pilot.
f. Maritime Patrol and Response Officer.
g. Weapons Systems Officer.
A member who holds an employment category listed in subsection 4 becomes an Officer Aviation member on the day after they meet both of the following.
a. The member has been promoted under paragraph 13(1)(a) of the Defence Regulation to a rank between Flight Lieutenant and Group Captain.
b. The member meets the conditions for a relevant item in the table below.
Column 1Item Column 2An officer who is promoted to the rank of... Column 3and who is paid at this increment in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries... Column 4and is in either of the following relevant pay grades in Part 4 of Schedule B.2 of DFRT Determination No. 2 of 2017, Salaries.
Flight Lieutenant O3 – 5 a. For legacy employment categories — pay grade 10. See: Meaning of ‘legacy employment category’ in section A.1.12 of DFRT Determination No. 2 of 2017, Salaries. b. For competency progression employment categories — between pay grade 5 and pay grade 9, inclusive.
Squadron Leader O4 – 2
Wing Commander O5 – 1
Group Captain O6 – 1
Exception: A member who meets all of the following.
a. The member is not in an air traffic control employment category.
b. The member has been promoted from Flight Lieutenant to Squadron Leader.
c. The member was paid an increment between O3 – 0 and O3 – 4, inclusive, in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries, immediately before being promoted to Squadron Leader.
d. The member is in a competency progression employment category between pay grade 5 and pay grade 9, inclusive, in Part 4 of Schedule B.2 of DFRT Determination No. 2 of 2017, Salaries.
A member in an employment category listed in subsection 4, or in an air traffic control employment category, who meets either of the following.
a. The member is paid at increment O3 – 3 in Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries.
b. The member’s rate of salary is administered by table item 1.c, 2.a.ii, or 2.b.ii in section B.2.5 of DFRT Determination No. 2 of 2017, Salaries, and the member’s salary under Schedule B.14, Part 3 or Part 4, of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the member’s rank, pathway, competency stream and increment would be equal to or greater than the rate of salary than that determined by any of the table items, as adjusted from time to time.
Despite subsection 3 to 6, the CDF may decide to transfer a member to the Officer Aviation Pay Structure at any time before the member meets the relevant conditions.
3.2.47L Entry placement – Officer transferring from other salary structures
This section does not apply to a member transferring into Officer Aviation Pay Structure from the salary structure for aviation specialists.
An officer of the Navy is placed in the Command Pathway, Rotary Wing Pilot competency stream at Officer Aviation increment OA9 on the day that the member meets both of the following.
a. The member has completed operational flying training as a pilot on a military aircraft.
b. The member has 12 months experience on the aircraft following operational flying training.
An officer of the Navy is placed in the Command Pathway, Aviation Warfare Officer competency stream at Officer Aviation increment OA8 on the day that the member meets both of the following.
a. The member has completed operational flying training as an aviation warfare officer on a military aircraft.
b. The member has 12 months experience on the aircraft following operational flying training.
An officer of the Army who holds the rank of Lieutenant is placed in the Generalist Pathway, Rotary Wing Pilot competency stream at the relevant of the following Officer Aviation increments on the day that the member completes the Regimental Officers Basic Course – Program (aviation).
a. If the member has less than 12 months experience as a Lieutenant — the member's Officer Aviation increment is OA1.
b. If the member has 12 months or more experience as a Lieutenant — the member's Officer Aviation increment of OA1 is increased by one for each 12 months completed as Lieutenant, up to a maximum increment of OA4.
An officer of the Army who holds the rank of Captain or above is placed in the Generalist Pathway, Rotary Wing Pilot competency stream at the relevant of the following Officer Aviation increments on the day that the member completes the Regimental Officers Basic Course – Program (aviation).
a. If the member has less than 12 months experience as an aviation officer — the member's Officer Aviation increment is the minimum increment for their rank.
b. If the member has 12 months or more experience as an aviation officer — the member's Officer Aviation increment is the minimum increment for their rank that is increased by one increment as set out in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, for each 12 months completed as an aviation officer, up to the maximum increment for their rank but not including the command increment levels.
An officer of the Air Force who transfers from an employment category is not specified in section 3.2.47K or from the air traffic control employment category is placed in the Command Pathway, the relevant competency stream for their qualifications and the minimum Officer Aviation increment for their rank on the day they are awarded a Category D qualification or Air Traffic Controller primary endorsement.
Subsection 8 applies to an officer who meets both of the following on the day immediately before their transfer into Officer Aviation Pay Structure.
a. Their rate of salary was administered by section B.2.5 table item 1.c, 2.a.ii or 2.b.ii of DFRT Determination No. 2 of 2017, Salaries.
b. Their rate of salary immediately before their transfer is higher than the rate of salary payable for the member's Officer Aviation increment for their rank pathway and competency stream
The member retains the rate of salary payable immediately before the transfer until the salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream is equal to or greater than the retained rate of salary.
3.2.47M Entry placement – CDF discretions
This section does not apply to an Officer Cadet.
When a member enters the Officer Aviation Pay Structure the CDF may decide to place the member on an Officer Aviation increment that is between the minimum and maximum Officer Aviation increment for the member’s rank, pathway and competency stream.
The CDF must consider the following when making a decision under subsection 2.
a. The member’s experience, qualifications and skills.
b. The member’s previous relevant military service.
c. The Officer Aviation increment the member would otherwise have been placed on in the Officer Aviation Pay Structure.
d. If an officer is reappointed — whether the qualifications, skills or training requirements for the rank have changed since the member last served.
e. If a member was reduced in rank — the reason for the reduction in rank.
f. If a member was reduced in rank and is later promoted to the rank they held previously before the reduction in rank — the periods of the member's service at the higher rank.
g. Any other matters relevant to the periods of service for increment advancement.
3.2.47N Increment placement – Navy Sub Lieutenant and Lieutenant
A member in the Navy at the rank of Sub Lieutenant or Lieutenant in the Rotary Wing Pilot competency stream has Officer Aviation increment OA9 on the day they meet both of the following.
a. The member has completed operational flying training as a pilot on a military aircraft.
b. The member has 12 months experience as a pilot on the military aircraft following operational flying training.
A member in the Navy at the rank of Sub Lieutenant or Lieutenant in the Aviation Warfare Officer competency stream has Officer Aviation increment OA8 on the day they meet both of the following.
a. The member has completed operational flying training as an aviation warfare officer on a military aircraft.
b. The member has 12 months experience as an aviation warfare officer on the military aircraft following operational flying training.
3.2.47O Increment on promotion
This section does not apply to the following members.
a. A member in the Navy who is promoted to Acting Sub Lieutenant, Sub Lieutenant or Lieutenant.
b. A member in the Army who is promoted to Second Lieutenant or Lieutenant.
c. A member in the Air Force who is promoted to Pilot Officer or Flying Officer.
On the day that an Officer Aviation member is promoted, the member has the lowest Officer Aviation increment for their rank, pathway and competency stream.
Despite subsection 2, the member may be placed on a higher Officer Aviation increment for their rank, pathway and competency stream that is decided by the CDF when the member has a period of service that meets all of the following.
a. The service was performed by the member at the rank the member is promoted to, or a higher rank.
b. The service was performed by the member at the standard of competence expected for the member's pathway and competency stream for the rank the member is promoted to, or a higher rank.
c. The service was performed by the member was for either of the following.
i. For a member in the Navy or Air Force — the service is performed for a cumulative period of at least 12 months and the CDF is satisfied it is relevant to the member's ability to contribute to capability at the rank to which the member is promoted.
ii. For a member of the Army— the service was performed at the rank the member is promoted to or at a higher rank for a continuous period of at least 12 months.
On the day that a member in the Army Specialist Pathway is promoted, the relevant of the following applies.
a. If the member is promoted to a rank below Colonel and their increment before the promotion is below the lowest increment for their promoted rank — the member has the minimum Officer Aviation increment for their promoted rank.
b. If the member is promoted to a rank below Colonel and their increment before the promotion is equal to or above the lowest increment for their promoted rank — the member has an Officer Aviation increment that is one above the increment they held before their promotion.
c. If the member is promoted to Colonel — the member is transferred to the Generalist pathway and placed on Officer Aviation increment OA35.
3.2.47P Increment on Command appointment – Navy and Army
A member of the Navy has Officer Aviation increment OA29 on the day that they meet all of the following.
a. The member holds the rank of Commander.
b. The member is in the Command Pathway.
c. The member is Aviation Command qualified.
d. The member holds a Command appointment.
Subsection 3 applies to a member in the Army who meets all of the following.
a. The member is one of the following.
i. The member is a Captain and has held the rank six or more years.
ii. The member holds the rank of Major or Lieutenant Colonel.
b. The member is in the Generalist Pathway.
c. The member has graduated from the Regimental Officer Basic Course – Program (aviation).
d. The member holds an aviation troop command, sub-unit command or unit command appointment.
The member has the relevant of the following Officer Aviation increments.
a. A member holding the rank of Captain — the member's Officer Aviation increment is OA19.
b. A member holding the rank of Major has the Officer Aviation increment OA24.
c. A member holding the rank of Lieutenant Colonel has the Officer Aviation increment OA29.
3.2.47Q Increment on rank reduction
On the day that an Officer Aviation member is reduced in rank for a reason under the following, the CDF may decide the member's Officer Aviation increment for the lower rank, within the member’s pathway and competency stream.
a. For a member in the Navy or Army — subsection 14(1) of the Defence Regulation.
b. For a member in the Air Force — paragraph 14(1)(a), (b) or (c) of the Defence Regulation.
The CDF must take the following into consideration when making a decision under subsection 1.
a. The member’s previous service at the lower rank.
b. The member’s relevant service in the higher rank.
c. The circumstances of the reduction in rank.
Note: To avoid doubt, if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation, the member continues to hold the Officer Aviation increment the member held immediately before the reduction in rank.
3.2.47R Increment on loss of Command appointment
On the day that a Navy or Army Officer Aviation member loses their Command appointment for one of the following reasons, the CDF may decide the member's Officer Aviation increment within the increment range for the member's rank, pathway and competency stream, excluding the command increment levels.
a. The member was imposed with a censure or formal warning.
b. The member was convicted of either of the following.
i. An offence under the Defence Force Discipline Act 1982.
ii. A civilian criminal offence.
c. The member was suspended from duty.
The CDF must take the following into consideration when making a decision under subsection 1.
a. The member’s previous service.
b. The circumstances of the loss of the command appointment.
3.2.47S Increment advancement
For the purposes of subsections 3 and 4, the advancement period is any of the following periods of service.
a. For a member in the Permanent Forces — 12 months of service.
b. For a member in the Reserves (providing Reserve service and continuous full-time service) — 20 or more days of Reserve service in a 12 month period.
c. For a member who served in both the Permanent Forces and Reserves — 20 days of service in a 12 month period.
Notes: 1. The advancement period commences on the later of one of the dates set out in paragraph 4.b. 2. A day of Reserve service is calculated based on the proportion of the daily rate the member is paid for the duty under section A.1.5 of DFRT Determination No. 2 of 2017, Salaries.
For the purpose of calculating the advancement period under subsection 1, the advancement period is extended by any period when the member is on leave without pay or is absent without leave.
A member whose Officer Aviation increment is below the top increment for the member's rank, pathway and competency stream will advance to the next Officer Aviation increment within the member’s rank, pathway and competency stream at the end of the advancement period when one of the following is met.
a. Unless one of paragraphs b to d applies, the member has performed their duties at the standard of competence for the member’s rank, pathway and competency stream for 12 months commencing on the later of the following dates.
i. The day of the member's appointment as an officer.
ii. The day of the member's most recent promotion.
iii. The day of the member's last increment advancement in the Officer Aviation Pay Structure.
b. The member is in the Navy at the rank of Sub Lieutenant or Lieutenant and has completed both of the following on or after 1 July 2019 and has performed their duties for 12 months at the standard of competence for their rank, pathway and competency stream commencing on the day they completed both of the following.
i. Operational flying training on a military aircraft.
ii. 12 months experience on the aircraft following operation training.
c. The member is in the Navy Command pathway or the Army Generalist pathway with a command appointment and has performed their duties at the standard of competence for their rank, pathway and competency stream for 12 months commencing from the date of the member's command appointment.
d. The member is in the Air Force in the Specialist pathway and has performed their duties at the standard of competence for their rank, pathway and competency stream for 12 months commencing from the date of the member's transfer to the Specialist pathway.
e. The member is in the Air Force and holds the rank of either Pilot Officer or Flying Officer and has performed their duties at the standard of competence for their rank, pathway and competency stream for 12 months commencing on either of the following days.
i. The day they entered the Officer Aviation Pay Structure.
ii. The day of their last increment advancement in the Officer Aviation Pay Structure.
Note: Subsections B.3.8.5 and B.3.8.6 of DFRT Determination No. 2 of 2017, Salaries, limit the increment range for the following members and must be read in conjunction with these provisions. 1. A member in the Navy in the Command Pathway. 2. A member in the Army in the Generalist Pathway.
Despite subsection 3, if the member did not perform their duties at the standard of competence under paragraph 3.b and did not advance to the next Officer Aviation increment the following apply.
a. If the member performed their duties at the standard of competence during the four months immediately after the advancement period, the member is eligible for increment advancement for the 12 months under subsection 3.
b. If the member did not perform their duties at the standard of competence during the four months immediately after the advancement period both of the following apply.
i. The member is not eligible for increment advancement for the advancement period.
ii. The member's next advancement period commences from when paragraph 3.b would have applied.
Despite subsection 3, if a member transferred to the Air Force under section 3.2.47T and their Officer Aviation increment is above the minimum for the member's Air Force rank, pathway and competency stream under paragraph 3.2.47T.3.b, the member is not eligible for increment advancement until the earlier of the following.
a. The member's years of experience at their Air Force rank in the gaining pathway or competency stream corresponds to an Officer Aviation increment that is higher than the member's increment under paragraph 3.2.47T.3.b.
b. The member is promoted.
Subsection 7 applies to in the Air Force in either of the following.
a. The member transferred between pathways or competency streams under section 3.2.47U and their Officer Aviation increment is above the minimum for the gaining pathway and competency stream under paragraph 3.2.47U.2.b.
b. The member became an Officer Aviation member under section 3.2.47K and the member's Officer Aviation increment under paragraph 3.2.47.2.c is above the minimum for their rank, pathway and competency stream.
Despite subsection 3, the member is not eligible for increment advancement until the member's years of experience for the rank, gaining pathway or competency stream corresponds to an Officer Aviation increment that is higher than the member's increment under one of the following.
a. A member in the Air Force who was not an aviation specialist when they transferred into the Officer Aviation Pay Structure under paragraph 3.2.47K.2.b.
b. The member was one of the following before they transferred into the Officer Aviation Pay Structure under section 3.2.47M.
i. The member was a member of a foreign military force.
ii. The member transferred from another arm of the Defence Force under section 15 of the Regulation and was not an Officer Aviation member before their transfer.
c. The member transferred between pathways or competency streams and has an Officer Aviation increment above the minimum increment under paragraph 3.2.47U.2.b.
An Officer Aviation member may not receive more than one increment advancement under this section in any 12 month period.
3.2.47T Increment on transfer between Services
This section applies to an Officer Aviation member who transfers to another Service under section 15 of the Regulation as an Officer Aviation member.
The member’s Officer Aviation increment is the same as they held immediately before they transferred until they have completed the applicable of the following for their gaining Service, pathway and competency stream.
a. For a member transferring to Navy or Army — platform type conversion training.
b. For a member transferring to Air Force — training for Category D qualification or Air Traffic Controller primary endorsement.
For a member transferring to Navy or Air Force, on the completion of the applicable training in subsection 2, the following apply.
a. If the member’s Officer Aviation increment is below or equal to the minimum increment for their rank, gaining pathway and competency stream, their Officer Aviation increment is the minimum increment for their rank, pathway and competency stream.
b. If the member's Officer Aviation increment before transfer is above the minimum increment for their rank, gaining pathway and competency stream, their Officer Aviation increment remains the same.
c. If the member's Officer Aviation increment is above the maximum increment for their rank, gaining pathway and competency stream, their Officer Aviation increment is the maximum increment for their rank, gaining pathway and competency stream.
Despite paragraph 3.a, a member who transfers to Navy or Air Force may have an Officer Aviation increment above the minimum increment for their rank, pathway and competency stream that is decided by the CDF, taking into consideration the following.
a. The member’s experience, qualifications and skills.
b. The member’s previous relevant military service.
c. Any other matters relevant to the periods of service for increment placement.
For a member who transfers to Army, on the completion of type conversion training under paragraph 2.a, the member has an Officer Aviation increment for their pathway and competency stream that is decided by the CDF, having regard to the following.
a. The member’s rank.
b. The number of years the member was in their previous Service.
c. The member's qualifications and experience.
3.2.47U Increment on transfer between pathways and competency streams
This section does not apply to a member in the Army to whom section 3.2.47V applies.
On the day that an Officer Aviation member transfers to a different pathway or competency stream within their Service either of the following apply.
a. If the member’s Officer Aviation increment is below or equal to the minimum increment for the gaining pathway and competency stream, their Officer Aviation increment is the minimum increment for their rank, pathway and competency stream.
b. If the member's Officer Aviation increment before transfer is above the minimum increment for the gaining pathway and competency stream, the member continues to hold their Officer Aviation increment.
c. If the member's Officer Aviation increment is equal to or above the maximum increment for the member's rank, gaining pathway and competency stream, one of the following apply.
i. For a member in the Navy — the member has the highest Officer Aviation increment for their rank, gaining pathway and competency stream.
ii. For a member in the Army or Air Force — The member continues to hold their Officer Aviation increment.
Despite paragraph 2.a, a member may have an Officer Aviation increment above the minimum increment for their rank, pathway and competency stream that is decided by the CDF, taking into consideration the following.
a. The member’s experience, qualifications and skills.
b. The member’s previous relevant military service.
c. Any other matters relevant to the periods of service for increment placement.
3.2.47V Increment on transfer between Army Generalist and Specialist pathways on promotion
On the day that a member in the Army transfers from the Generalist Pathway to the Specialist Pathway on promotion, the member has the higher of the following increments.
a. The minimum Officer Aviation increment for the member's new rank in the Specialist Pathway.
b. One increment above the member's Officer Aviation increment they held immediately before their transfer.
On the day that a member in the Army transfers from the Specialist Pathway to the Generalist Pathway on promotion and appointment to an aviation sub-unit command or a unit command, subsections 3.2.47P.2 and 3.2.47P.3 apply.
Schedule 2—Consequential amendments
Defence Determination 2016/19, Conditions of service
1
Section 3.2.18A (Member this Division does not apply to)
Omit the section, substitute:
3.2.18A Member this Division does not apply to
This Division does not apply to a member who is paid salary as an Officer Aviation member under Division 4A.
2
Section 4.1.4 (Member this Part does not apply to)
Omit the section, substitute:
4.1.4 Member this Part does not apply to
This Part does not apply to the following members.
a. An aviation specialist.
b. A member in the Navy or Air Force in the Officer Aviation Pay Structure Specialist Pathway.
b. A member who is a trainee.
3 Section 4.1.5 (Definitions)
Omit the definition on "Specialist officer", substitute:
Specialist officer In this Part, a specialist officer is a member whose pay is set out in any of the following schedules of DFRT Determination No. 2 of 2017, Salaries.
a. Schedule B.5, Specialist Officer – Chaplain
b. Schedule B.6, Specialist Officer – Dental Officer
c. Schedule B.7, Specialist Officer – Legal Officer
d. Schedule B.8, Specialist Officer – Medical Officer
e. Schedule B.14, Specialist Officer salary rates – Aviation, Parts 3 and 4
f. Schedule B.15, Senior Officer Specialist – Medical Officer
g. Schedule B.16, Senior Officer – Dental Officer
h. Schedule B.17, Senior Officer – Legal Officer
4 Paragraph 4.1.13.c (Member ineligible to be directed to perform higher duties)
Omit the paragraph, substitute:
c. A member who is an aviation specialist.
ca. A member in the Navy or Air Force in the Officer Aviation Pay Structure Specialist Pathway.
This section applies to a member in the Navy or Army who would have entered the Officer Aviation Pay Structure between 1 July 2019 and the commencement of this Determination.
The member is eligible to be placed in the Officer Aviation Pay Structure and the following apply.
a. The member has the Officer Aviation increment for their Service, rank, pathway and competency stream as provided in Schedule 1 of this Determination from the date that they would have been eligible.
b. The member is eligible for a change to the Officer Aviation increment under paragraph a. in accordance with Schedule 1 if an event occurred that would have changed the member's Officer Aviation increment.
c. The member is eligible for the applicable Officer Aviation increment under section 3.2.47U of Schedule 1 if the member changed pathway or competency stream.
2 Army aviation specialist – transitional provision
This section applies to a member in the Army who is an aviation specialist and who volunteered to transfer to the Officer Aviation Pay Structure on 1 July 2019.
The member has an Officer Aviation increment set out in the conversion table at Annex 3.2.E of Defence Determination 2016/19, Conditions of service, that is equal to, or the next higher, than their Aviation Specialist increment before transfer.
3 Army aviation member – transitional provision
This section applies to a member in the Army who meets all of the following conditions.
a. The member transferred from the Air Force to the Army on 7 January 2015.
b. The member met both of the following conditions on 1 July 2019.
i. The member held the rank of Lieutenant.
ii. The member was in the Pilot – Time Base Progression employment category and pay grade 7.
c. The member will be promoted to Captain in January 2020.
d. The member will advance to pay grade 9 on 20 April 2020.
The member will transfer to the Officer Aviation Pay Structure when the earlier of the following occurs and the member will have the specified Officer Aviation increment for their pathway and competency stream.
a. The member has held the rank of Captain for six or more years and holds, or has held, an aviation troop Command appointment — the member has the Officer Aviation increment OA19.
b. The member is promoted to the rank of Major — the member has the Officer Aviation increment OA21.
c. The member's Pilot Time Based Progression employment category ceases — the member has an Officer Aviation increment that has a salary that is equal to, or the next higher, than their salary immediately before transfer.