Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4) - Legislation

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

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 (AI Act).

Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003 (the Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

For the purpose of adopting Defence Force Remuneration Tribunal (DFRT) determinations, being instruments other than a legislative instrument, section 58B(1A) of the Defence Act provides a contrary intention to section 14(2) of the Legislation Act. Section 58B(1A) of the Defence Act permits DFRT determinations, as in force from time to time, being adopted in this determination in accordance with section 14(1)(b) of the Legislation Act.

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 is to provide the placement, increment and movement provisions for Navy and Army Rotary Wing Pilots in the Officer Aviation Pay Structure administration provisions in Chapter 3 Part 2 Division 4A of the Principal Determination.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this determination commences on 5 March 2020.

Section 3 provides that this determination has authority under section 58B of the Defence Act.

Section 4 provides that each determination that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.

Schedule 1—Specialist Officer – Aviation – amendments

Section 1 omits and substitutes Chapter 3 Part 2 Division 4A of the Principal Determination which sets out the increment placement, progression and transfer of Air Force members through the Officer Aviation Pay Structure contained in the Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries. The new Division preserves the previous rules and provisions for Air Force Officer Aviation members and introduces the rules and provisions for Navy and Army rotary wing Officer Aviation members. Some previous rules and provisions now have tri-Service application and may have been reworded accordingly. The revised division provides the following.

Section 3.2.47A provides the purpose of the Division.

Section 3.2.47B sets out a table of the definitions for terms that are to apply in the Division.

Section 3.2.47C specifies which members the Division does not apply to.

Section 3.2.47D provides the general provision for entry placement in the officer Aviation Pay Structure.

Sections 3.2.47E to 3.2.47L set out the more specific eligibility conditions and placement methodologies that apply for entry placement in the Officer Aviation Pay Structure for a number of classes of ADF member.

Section 3.2.47E provides the eligibility conditions and entry placement methodologies for a member who was an aviation specialist.
Section 3.2.47F provides the entry placement methodology for an Other Rank member who transfer to the Officer Aviation Pay Structure.
Section 3.2.47G provides the eligibility conditions and entry placement methodologies for Navy aviation officers.
Section 3.2.47H provides the eligibility conditions and entry placement methodologies for Army aviation officers in the generalist stream of the Army Aviation Officer Employment Specification.
Section 3.2.47I provides the eligibility conditions and entry placement methodologies for Army aviation officer in the specialist stream of the Army Aviation Officer Employment Specification, who have not have previous command appointment.
Section 3.2.47J provides the eligibility conditions and entry placement methodologies for Army aviation officer in the specialist stream of the Army Aviation Officer Employment Specification, who have held previous command appointment.
Section 3.2.47K provides the eligibility conditions and entry placement methodologies for Air Force.
Section 3.2.47L provides the eligibility conditions and entry placement methodologies for an officer transferring from another salary structure.

Section 3.2.47M provides that CDF may decide a member’s entry placement in the Officer Aviation Pay Structure that is above the minimum and below the maximum Officer Aviation increment for the member’s rank, pathway and competency stream. A number of factors must be taken into consideration when making the decision.

Sections 3.2.47N to 3.2.47S set out the rules and administration for Officer Aviation members governing their movement within the Officer Aviation Pay Structure.

Section 3.2.47N provides the rules for increment placement for Navy Sub Lieutenants and Lieutenants who are Officer Aviation members.
Section 3.2.47O provides the rules for increment placement for Officer Aviation members when they are promoted.
Section 3.2.47P provides the rules for Navy and Army Officer Aviation members when they are given a command appointment.
Section 3.2.47Q provides the rules for Officer Aviation members when they are reduced in rank.
Section 3.2.47R provides the rules for Navy and Army Officer Aviation members when their command appointment is terminated due to the member receiving a censure or formal warning, convicted of an offence under the Defence Force Discipline Act 1982, a civilian criminal offense, or the member is suspended from duty.
Section 3.2.47S sets out the provisions for annual increment advancement, as well as setting out the conditions under which advancement will not occur.

Section 3.2.47T sets out the conditions and increment placement provisions which apply to an Officer Aviation member who transfers between Services.

Section 3.2.47U sets out the conditions and increment placement provisions which apply to an Officer Aviation member who transfers between pathways or competency streams within their Service.

Section 3.2.47V sets out the special conditions and increment placement provisions which apply to an Army Officer Aviation member who transfers between the Generalist Pathway and Specialist Pathway at the same time as their promotion.

Schedule 2—Consequential amendments

Section 1 omits and substitutes section 3.2.18A of the Principal Determination which sets out which members are not eligible for the provisions under Chapter 3 Part 2 Division 2. The previous section made reference to Air Force Officer Aviation members. The new section now applies to all Officer Aviation members in the ADF.

Section 2 omits and substitutes section 4.1.4 of the Principal Determination which provides which members are not eligible for higher duties allowance. The section is being amended to provide that aviation specialists and members in the Navy or Air Force in the Officer Aviation Pay Structure Specialist Pathways are not eligible for higher duties allowance.

Section 3 amends the table at section 4.1.5 of the Principal Determination which provides definitions for terms used in Chapter 4 Part 1. The definition of 'specialist officer' has been amended to include a reference to Schedule B.14, Specialist Officer salary rates – Aviation, Parts 3 and 4. A note that provided that Specialist officers – Aviation were not included as a part of the definitions of 'specialist officer' has been removed, this provision has been included in section 4.1.4.

Section 4 amends section 4.1.13 of the Principal Determination which listed the classes of members in the ADF who are ineligible to be directed to perform higher duties. Paragraph 4.1.13.c is being amended to correctly refer to a member who is an aviation specialist. A new paragraph 4.1.13.ca has been added to include members in the Navy and Air Force Officer Aviation Pay Structure Specialist Pathways.

Schedule 3—Transitional provisions

Section 1 sets out the transition provisions for members of the Navy and Army who would have entered the Officer Aviation Pay Structure between 1 July 2019 and the commencement of this Determination. It provides that the member is eligible to be placed in the Officer Aviation Pay Structure on the day they met the conditions as set out in Schedule 1 of this Determination. It also provides that the member is eligible for a change to their pathway, competency stream or increment on the day they met the relevant conditions set out in Schedule 1.

Section 2 provides that a member in the Army who was an aviation specialist and who volunteered to transfer to the Officer Aviation Pay Structure on 1 July 2019, has an Officer Aviation increment set out in the conversion table at Annex 3.2.E of the Principal Determination that is equal to, or the next higher, than their Aviation Specialist increment before transfer. Section 3.2.47E of the Principal Determination applies to those Army aviation specialists who chose not to transfer on 1 July 2019.

Section 3 provides a transitional provision for a member in the Army who has transitioned from Air Force. This provision will ensure that when the member meets the earliest condition that will transfer the member into the Officer Aviation Pay Structure that the member will not be financially disadvantaged.

Attachment A provides a provision-by-provision description of the operation of the Schedules in this Determination.

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Criteria are provided for the exercise of discretion under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.

Consultation

The Defence Force Remuneration Tribunal, Navy, Army and Air Force were consulted in the making of this Determination. The rule maker was satisfied that further external consultation was not required.

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, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

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 makes amendments to Defence Determination 2016/19, Conditions of service.

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, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

On 1 July 2019, rotary wing aviation officers in Navy and Army have access to the Officer Aviation Pay Structure as provided under the DFRT Determination. The issues that the Navy and Army are facing in relation to their aviation officer workforce are intended to be resolved by moving this workforce into the Officer Aviation Pay Structure. From 1 July 2019, rotary wing aviation officers in Navy and Army will be gradually transferred into the Officer Aviation Pay Structure.

This Determination provides the increment placement, progression and transfer through the Officer Aviation Pay Structure for Navy and Army Officer Aviation members while preserving the increment placement, progression and transfer rules for Air Force Officer Aviation members. This will ensure that members who are transferred to the Officer Aviation Pay Structure will have the correct increment level within the pay structure throughout their career.

Conclusion

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

Fiona McSpeerin, Assistant Secretary People Policy and Employment Conditions

Attachment A – Provisions in Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

Schedule 1—Specialist Officer – Aviation – amendments

Section 1 of this Determination replaces Chapter 3 Part 2 Division 4A (Specialist Officer – Aviation – increment placement, progression and transfer) of the Principal Determination. The previous division, which set out the rules and provisions for Air Force Officer Aviation members, has been replaced with this division which preserves the previous rules and provisions for Air Force Officer Aviation members and introduces the rules and provisions for Navy and Army rotary wing Officer Aviation members. Some previous rules and provisions now have tri-Service application and may have been reworded accordingly.

Section 1 omits and substitutes Chapter 3 Part 2 Division 4A of the Principal Determination. The new Division 4A has been revised to include increment placement, progression and transfer through the Officer Aviation Pay Structure for Navy and Army Officer Aviation members, while retaining the provisions for Air Force Officer Aviation members. In general, where a rule in this Division is to apply to all members in the Officer Aviation Pay Structure, the term ‘Officer Aviation member’ is used; where a rule is to apply to members of a particular Service in the Officer Aviation Pay Structure, the Service name precedes the term, for example, ‘Air Force Officer Aviation member’.

Section 3.2.47A provides a purpose statement for this Division, which is to set out provisions for increment placement, progression and transfer through the Officer Aviation Pay Structure for a member who is an Officer Aviation member.

Section 3.2.47B sets out a table of the definitions for terms that are to apply in this Division. The terms ‘Aviation specialist’, and ‘Officer Aviation member’ are defined in DFRT Determination No. 2 of 2017. The meanings of these terms have been incorporated into this Determination by reference. The terms ‘Maritime Aviation Warfare Officer employment category’, ‘Officer Aviation Pay Structure’, and ‘Pilot employment category’, draw their meanings from the specified sections of DFRT Determination No. 2 of 2017.

The term ‘promoted’ means a member promoted under paragraph 13(1)(a) of the Defence Regulation 2016.

‘Regimental Officer Basic Course – Program (aviation)’ means the completion of all the Army courses and training specified in the list. ‘Operational Type Training’, as described to the DFRT, generally applies to training (leading to a qualification) for a specific operational military rotary wing platform. However, there are a very small number of Army pilots who do not hold a rotary wing qualification, but rather a fixed wing platform qualification (King Air). For the purpose of administration under this Division, the DFRT have agreed that these Army pilots are deemed to hold the same operational type qualification as Army rotary wing pilots.

The term ‘relevant military service’ is based on a similar provision at subsection 3.2.23.1 of the Principal Determination for the wider ADF community. However, the meaning of this term in this Division, is slightly broader in its scope, in that the service may be in the ADF or another military force, rather than confined to a defence force of another Commonwealth country or the United States as in subsection 3.2.23.1.

The term ‘years in rank’ has been added to the table of definitions so as to provide clarity that the reference to ‘years in rank’ in column 2 of Annex B.3.A to Annex B.3.D in DFRT Determination No. 2 of 2017 means the number of years of experience a member has at a rank, unless otherwise stated in the provisions set out in this Division. By way of example, a member with 8 months’ experience would have an increment in the column for 0 years in rank; a member with 3 years 4 months experience would have an increment in the column for 3 years in rank.

Section 3.2.47C describes the class of people to whom this Division does not apply.

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.
The member is an aviation specialist in Navy or Army and the member’s aviation specialist agreement has not expired or been cancelled for Service reasons. This applies to all ADF Officer Aviation members.
The member holds aviation qualifications but ceases to be an Officer Aviation member. This applies to all ADF Officer Aviation members.

Section 3.2.47D sets out the general provisions for entry placement in the Officer Aviation Pay Structure. Where a member cannot be covered by the eligibility conditions set out in sections 3.2.47E to 3.2.47M, this section provides that such a member can be placed in the Officer Aviation Pay Structure at the minimum Officer Aviation increment for their promoted rank, pathway and competency stream. A member may be given a higher Officer Aviation increment under section 3.2.47M.

Section 3.2.47E provides for entry placement in the Officer Aviation Pay Structure for an aviation specialist who transfers. Subsection 1 provides that if an aviation specialist in Navy or Air Force transfers to the Officer Aviation Pay Structure, the member has the equivalent Officer Aviation increment as set out in the conversion table at Annex 3.2.E of the Principal Determination (Chapter 3 Part 2). The member is placed in a relevant pathway and competency stream.

Subsection 2 provides the eligibility criteria for transfer of an Army aviation specialist. On the day that an Army aviation specialist meets any one of the following conditions, subsection 3 will apply.

The member’s aviation specialist agreement expires;
The member’s aviation specialist agreement is terminated or ceased by Army; or
The specialist officer salary structure for aviation officers ceases to operate.

An officer’s aviation specialist agreement may also be referred to as an agreement or contract under the Officer Aviation Specialist Structure. The specialist officer salary structure for aviation officers/specialists, or the Office Aviation Specialist Structure (OASS), is found in Schedule B.14 (Specialist officer salary rates – aviation), Part 1 and Part 2 of DFRT Determination No. 2 of 2017.

Subsection 3 provides that an eligible member is placed in the Officer Aviation Pay Structure, a pathway and the Rotary Wing Pilot competency stream with an Officer Aviation increment that falls within the increment range for their rank, pathway and competency stream, as decided by the CDF. CDF must take the following factors into consideration when making a decision:

The member’s experience, qualifications and skills; and
The member’s previous military service.

An administrative note has been included for this subsection. The note states that the date of transfer from the salary structure for aviation specialists to the Officer Aviation Pay Structure does not affect or change the member’s increment advancement date under section 3.2.47S.

Section 3.2.47F provides for the entry placement for Other Rank members who transfer to the Officer Aviation Pay Structure. Subsection 1 makes express that this section applies to a member who transfers to the Officer Aviation Pay Structure whose rate of salary immediately before transfer is higher than the rate of salary that corresponds to the member’s Officer Aviation increment for their rank, years in rank, pathway and competency stream.

Subsection 2 provides that the member retains the rate of salary payable immediately before the transfer to the Officer Aviation Pay Structure, until the rate of salary that corresponds to the member’s Officer Aviation increment for their promoted rank, pathway and competency stream is equal to or greater than the retained rate of salary.

Section 3.2.47G provides for the entry increment placement for five classes of Navy aviation officers. Subsection 1 makes express that for the purposes of this section, a member who has met the relevant eligibility conditions set out in this section is placed in the Command Pathway and placed in either of the competency streams described in paragraphs a. or b.

If the member was in a Pilot employment category immediately before transfer to the Officer Aviation Pay Structure, or is undertaking training as a rotary wing pilot, then the Officer Aviation member is placed in the Rotary Wing Pilot competency stream. If the member was in a Maritime Aviation Warfare Officer employment category immediately before transfer to the Officer Aviation pay Structure, or is undertaking training as an aviation warfare officer, then the Officer Aviation member is placed in the Aviation Warfare Officer competency stream.

Subsection 2 deals with the first class of Navy aviation officers. It provides that a member is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA0 on the day the member meets either of the conditions described in paragraphs a. or b.

Paragraph a. applies to a member who is undertaking studies at the Australian Defence Force Academy and is promoted to Sub Lieutenant. Paragraph b. applies to a direct entry officer and meets one of the following conditions:

The member has completed the Navy’s new entry officer course and is promoted to Acting Sub Lieutenant; or
The member has completed Navy’s officer training and is promoted to Sub Lieutenant.

OA0 is the minimum increment in the Command Pathway for both Rotary Wing Pilot and Aviation Warfare Officer competency streams for the increment range associated with Lieutenants, Sub Lieutenants and Acting Sub Lieutenants as found in Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 1 – Navy of DFRT Determination No. 2 of 2017. This increment reflects the start of their aviation specific training. To remove doubt, the increment range in the table that applies to this class of member is the bottom row of the table: Acting Sub Lieutenants, Sub Lieutenants and Lieutenants, OA0-OA4.

Subsection 3 deals with the second class of Navy aviation officers. It provides a unique set of conditions for officers undertaking study at the Australian Defence Force Academy and for direct entry officers undertaking officer training on 30 June 2019, who otherwise would have been subject to subsection 2. For this select class of member, one is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA1 on the day the member meets either of the conditions described in paragraphs a. or b.

Paragraph a. requires the member to meet all the conditions set out in subparagraphs i. to iii. The conditions are:

The member was undertaking study at the Australian Defence Force Academy on 30 June 2019;
The member has completed officer training; and
The member has graduated from the Australian Defence Force Academy.

Paragraph b. requires the member to meet both of the conditions set out in subparagraphs i. and ii. The conditions are:

The member was undertaking officer training as a direct entry officer on 30 June 2019; and
The member has completed from officer training.

Were it not for this higher Officer Aviation increment placement, these members who were in the ADFA and direct entry officer training pipeline on 30 June 2019, would otherwise be placed on Officer Aviation increment OA0 at the commencement of their aviation training in accordance with subsection 2 above. Such a placement would put these members at financial disadvantage for up to four years in comparison to the Graded Officer Pay Structure (provided under DFRT Determination No. 2 of 2017) competency system skill grade and pay grade advancements they are expecting to receive following completion of their ADFA/direct entry officer courses (as advised by the Department of Defence (or its representatives) during their recruitment process).

Subsection 4 deals with the third class of Navy aviation officers. It provides that a pilot who holds the rank of Acting Sub Lieutenant or Sub Lieutenant has the Officer Aviation increment OA9 on the day that the member meets both of the following:

The member has completed operational flying training as a pilot on a military aircraft;
The member has completed 12 months of experience on that aircraft following completion of their operational flying training; and
The member has completed four and a half years of service since either the member graduated from the Australian Defence Force Academy, or the member completed officer training (if the member was a direct entry officer).

OA9 is the minimum increment in the Command Pathway, Rotary Wing Pilot competency stream for the increment range associated with Lieutenants and Sub Lieutenants as found in Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 1 – Navy of DFRT Determination No. 2 of 2017. This increment reflects the start of their contribution to capability in the operational environment.

Subsection 5 deals with the fourth class of Navy aviation officers. It provides that a (maritime) aviation warfare officer who holds the rank of Acting Sub Lieutenant or Sub Lieutenant has the Officer Aviation increment OA8 on the day that the member meets both of the following:

The member has completed operational flying training as a (maritime) aviation warfare officer on a military aircraft;
The member has completed 12 months of experience on that aircraft following completion of their operational flying training; and
The member has completed four and a half years of service since either the member graduated from the Australian Defence Force Academy, or the member completed officer training (if the member was a direct entry officer).

OA8 is the minimum increment in the Command Pathway, Aviation Warfare Officer competency stream for the increment range associated with Lieutenants and Sub Lieutenants as found in Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 1 – Navy of DFRT Determination No. 2 of 2017. This increment reflects the start of their contribution to capability in the operational environment.

Subsection 6 deals with the fifth class of Navy aviation officers. It is a very small group of people for whom the transition protocols set out in the ADF’s submission would result in financial disadvantage to such a member, and this is at odds with the broader principle of avoiding such circumstances for this workforce. This class of officers have such varied personal and career factors, that developing a set of eligibility rules that would yield fair and equitable placement outcomes was, in most cases, unrealistically complicated, and for others, impossible. It was decided that the most appropriate method which would achieve the fair and equitable placement outcomes was to have a decision maker make an assessment as to whether the very simple placement rules (set out in subsection 7, 8 or 9) should apply to such a member. The primary principle to be applied in the assessment is whether a transfer to the Officer Aviation Pay Structure at a point in time would result in the member being no worse off (remuneratively) overall than in their current salary structure. Where this principle is upheld, the decision maker may decide that the relevant subsection (7, 8 or 9) should apply to the member. The assessment can be made at various points in the member’s career over the next five years, up until the Graded Officer Pay Structure time based progression and competency based progression systems are abolished for pilots and maritime aviation warfare officers by the Defence Force Remuneration Tribunal. This is expected to occur in 2023/2024.

Subsection 6 makes express that subsections 7, 8 or 9 will apply to members who meet the following two conditions:

The member is in either in a Pilot employment category or in a Maritime Aviation Warfare Officer employment category; and
Director Navy People Career Management Agency decides that this subsection applies to the member.

Subsection 7 applies to a member who holds the rank of Lieutenant. The member’s Officer Aviation increment corresponds to the member’s years of experience after completion of 12 months experience on the military aircraft for which they have achieved operational type conversion. The years of experience may not coincide with the member’s years in rank but the years of experience are applied as years in rank for the purposes of deciding an increment in the table at Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 1 – Navy of DFRT Determination No. 2 of 2017. To remove doubt, the increment range in the table that applies to this class of member is the second last row of the table: Sub Lieutenants and Lieutenants, OA9-OA19. For example, a member who has completed 3 years’ experience at the rank of Lieutenant, the member’s Officer Aviation increment is OA13.

There is no provision for pro rata recognition of experience outside “blocks” of 12 months.

Subsection 8 applies to a member who holds the rank of Lieutenant Commander. The member’s Officer Aviation increment corresponds to the member’s completed years in rank as set out in the table at Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 1 – Navy of DFRT Determination No. 2 of 2017.

There is no provision for pro rata recognition of experience at rank.

Subsection 9 provides that a member who holds the rank of Commander on 1 July 2019 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 the member was paid on the day immediately before they entered the Officer Aviation pay Structure.

Subsection 10 provides that a member who holds the rank of Captain on 1 July 2019 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 the member was paid on the day immediately before they entered the Officer Aviation pay Structure.

Section 3.2.47H provides for the entry increment placements for twelve classes of Army aviation officers in the generalist stream of the Army Aviation Officer Employment Specification. Subsection 1 provides that if this section applies to a member, the member is placed in the Officer Aviation Pay Structure, Generalist Pathway and Rotary Wing Pilot competency stream.

Subsection 2 deals with the first class of Army aviation officers, who are graduates of the Australian Defence Force Academy or the Royal Military College (Duntroon). This subsection provides that on the day that a member meets both of the conditions set out in paragraphs a. and b. (i.e. the member completes the Army First Appointment Course and is promoted to the rank of Second Lieutenant or Lieutenant), the member has the Officer Aviation increment OA1.

OA1 is the second increment in the Generalist Pathway for Rotary Wing Pilot competency stream for the increment range associated with Second Lieutenants and Lieutenants as found in Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. It recognises their years of study at the Australian Defence Force Academy, which their direct entry counterparts do not have. Placement at this increment reflects the start of their aviation specific training.

Subsection 3 deals with Army’s direct entry officers, who have not undertaken study at either the Australian Defence Force Academy or the Royal Military College (Duntroon). This subsection provides that on the day that a member meets both of the conditions set out in paragraphs a. and b. (i.e. the member completes the Army First Appointment Course and is promoted to the rank of Second Lieutenant or Lieutenant), the member has the Officer Aviation increment OA0.

OA0 is the bottom increment in the Generalist Pathway for Rotary Wing Pilot competency stream for the increment range associated with Second Lieutenants and Lieutenants as found in Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. This increment reflects the start of their aviation specific training.

Subsection 4 deals with the third class of Army aviation officers, who are specialist service officers (aviation). The specialist service officer career continuum for aviation was discontinued in 2017, but there are still a few members who are still in the training pipeline to become Army rotary wing pilots. This subsection deals specifically with those members who are Officer Cadets or Second Lieutenants on 30 June 2019 and who are undertaking the Regimental Officers Basic Course – Program (aviation). This subsection provides that on the day that a member meets all the conditions set out in paragraphs a. to c., the member has an Officer Aviation increment that is between OA1 and OA4, inclusive, based on the member’s years in rank as a Second Lieutenant. The conditions are:

The member was an Army Aviation Specialist Service officer undertaking the Regimental Officer Basic Course – Program (aviation) on 30 June 2019;
The member is promoted to the rank of Lieutenant; and
The member completes the Regimental Officer Basic Course – Program (aviation).

Generally, the day on which a member graduates or completes the Regimental Officer Basic Course – Program (aviation) is the same day on which the member is promoted to the rank of Lieutenant.

Subsections 5 and 6 deal with the fourth class of Army aviation officers. Subsection 5 sets out the eligibility conditions for this class of aviation officer. All of the conditions must be met the day before the member transfers to the Officer Aviation Pay Structure. The conditions are:

The member is in a Pilot employment category;
The member is in the generalist stream of the Army Aviation Officer Employment Specification;
The member has completed the Regimental Officer Basic Course – Program (aviation); and
The member holds the rank Lieutenant.

Subsection 6 provides that an eligible member under subsection 5 has the higher of the Officer Aviation increments as calculated under paragraphs a. and b. Paragraph a. prescribes that the member’s Officer Aviation increment corresponds to the member’s years in rank as found in Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. Paragraph b. prescribes that the member’s Officer Aviation increment has a corresponding rate of salary that is equal to or next above the member’s rate of salary immediately before the member’s transfer into the Officer Aviation Pay Structure.

There is no provision for pro rata recognition of experience at rank.

Subsections 7 and 8 deal with four classes of Army aviation officers, specifically those who have been promoted to the rank of Captain, Major, Lieutenant Colonel or Colonel. When a member is promoted to a rank between Captain and Colonel, inclusive, this is a trigger for the member’s transfer to the Officer Aviation Pay Structure. Where a member declines a promotion, this section would not apply.

Subsection 7 provides that subsection 8 will apply to an Army officer who meets all the following conditions on the day before their transfer to the Officer Aviation Pay Structure.

The member is promoted to a rank between Captain and Colonel, inclusive;
The member is in a Pilot employment category;
The member has not held an aviation troop command, aviation sub-unit command or aviation unit command appointment; and
The member is in the generalist stream of the Army Aviation Officer Employment Specification.

Subsection 8 specifies the Officer Aviation increment that applies to the eligible member.

For an eligible member who is promoted to the rank of Captain, the member has the Officer Aviation increment OA8 (which is the minimum increment for this rank in the Generalist Pathway, Rotary Wing Pilot competency stream);
For an eligible member who is promoted to the rank of Major, the member has the Officer Aviation increment OA21 (which is the minimum increment for this rank in the Generalist Pathway, Rotary Wing Pilot competency stream);
For an eligible member who is promoted to the rank of Lieutenant Colonel, the member has the Officer Aviation increment OA27 (which is the minimum increment for this rank in the Generalist Pathway, Rotary Wing Pilot competency stream);
For an eligible member who is promoted to the rank of Colonel, the member has the Officer Aviation increment OA35 (which is the minimum increment for this rank in the Generalist Pathway, Rotary Wing Pilot competency stream).

Subsections 9 to 12 deal with another four classes of Army aviation officers. Subsection 9 sets out the eligibility conditions that, when met, trigger a member’s transfer to the Officer Aviation Pay Structure. The conditions to be met the day before transfer are:

The member is holds a rank between Captain and Colonel;
The member is in a Pilot employment category;
The member is in the generalist stream of the Army Aviation Officer Employment Specification; and
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 to the Officer Aviation Pay Structure.

Subsection 10 provides the calculation methodologies that result in Officer Aviation increment placements for a member without an aviation command appointment. Paragraph a. applies to a member at the rank of Captain. It provides that the member has the corresponding Officer Aviation increment for the member’s rank, their years in that rank, Generalist Pathway and Rotary Wing Pilot competency stream under Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. A member’s years in rank are calculated from the date they completed the Regimental Officers Basic Course – Program (aviation). The maximum increment provided under this paragraph is Officer Aviation increment OA17.

Paragraph b. applies to a member at the rank of Major. It provides that the member has the corresponding Officer Aviation increment for the member’s rank, their years in that rank, Generalist Pathway and Rotary Wing Pilot competency stream under Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. The maximum increment provided under this paragraph is Officer Aviation increment OA23.

Paragraph c. applies to a member at the rank of Lieutenant Colonel. It provides that the member has the corresponding Officer Aviation increment for the member’s rank, their years in that rank, Generalist Pathway and Rotary Wing Pilot competency stream under Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017. The maximum increment provided under this paragraph is Officer Aviation increment OA28.

Subsection 11 provides the calculation methodologies that result in Officer Aviation increment placements for a member with an aviation command appointment. Paragraph a. applies to a member at the rank of Captain who holds, or has previously held, an aviation troop command appointment, and has completed six years or more at this rank. It provides that the member has the Officer Aviation increment OA19. OA19 is the Officer Aviation increment that recognises troop command appointment in the Army Generalist Pathway of the Officer Aviation Pay Structure.

Paragraph b. applies to a member at the rank of Major who holds, or has previously held, an aviation sub-unit command appointment. Subparagraph i. provides that if the member has held, or previously held, aviation sub-unit command for less than 12 months, then the member has an Officer Aviation increment OA24. OA24 is the Officer Aviation increment that recognises sub-unit command in the Army Generalist Pathway of the Officer Aviation Pay Structure.

Subparagraph ii. provides that if the member has held, or previous held, aviation sub-unit command for 12 months or more, then the member has an Officer Aviation increment OA25.

Paragraph c. applies to a member at the rank of Lieutenant Colonel who holds, or has previously held, an aviation unit command appointment. Subparagraph i. provides that if the member has held, or previously held, aviation unit command for less than 12 months, then the member has an Officer Aviation increment OA29. OA29 is the Officer Aviation increment that recognises unit command in the Army Generalist Pathway of the Officer Aviation Pay Structure.

Subparagraph ii. provides that if the member has held, or previous held, aviation unit command for 12 months or more, then the member has an Officer Aviation increment OA30.

Subsection 12 applies to a member at the rank of Colonel. It provides that the member has the corresponding Officer Aviation increment for the member’s rank, their years in that rank, Generalist Pathway and Rotary Wing Pilot competency stream under Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017.

Section 3.2.47I provides for the entry placements for a number of classes of Army aviation officers in the specialist stream of the Army Aviation Officer Employment Specification and who have not had aviation command appointment. Subsection 1 provides that if this section applies to a member, the member is placed in the Officer Aviation Pay Structure, Specialist Pathway and Rotary Wing Pilot competency stream.

Subsection 2 provides the eligibility criteria for this section. Paragraph a. requires the member to meet one of the rank and time in rank conditions listed in the subparagraphs.

Subparagraph i. relates to a member who is a Captain in the Army and has held that rank for five years or more. One of the unique factors for Army specialist pilots holding the rank of Captain is that one is considered a ‘generalist’ until their sixth year at the Captain rank, and only once that milestone is reached may one be considered and assessed for placement in the specialist stream of the Army Aviation Officer Employment Specification. This factor significantly underpins the placement methodologies for Army specialist rotary wing pilots. Navy and Air Force do not have such a condition imposed on their aviation officers.

Subparagraph ii. relates to a member who holds the rank of Major or Lieutenant Colonel.

Paragraph b. requires the member to be in a Graded Officer Pay Structure pilot employment category under Schedule B.3 of the Principal Determination, that being either Pilot – Competency Progression or Pilot – Time Based progression. There is an important point of difference between the two classes of members under this condition, that being, those who are in the Pilot – Time Based employment category must also agree to transfer to the Officer Aviation Pay Structure.

Paragraph c. requires the member to be a qualified test pilot, qualified flight instructor or selected as a regimental pilot by the Personnel Capability Management Board.

Paragraph d. requires the member to either have not held an aviation troop, sub-unit or unit command appointment at any point in the past, or the member has (in the past) been a Captain for less than six years and held an aviation troop command appointment in the generalist stream of the Army Aviation Employment Specification.

The Army Aviation Officer Employment Specification governs Army’s pilots from a career management perspective. Army’s Aviation Personnel Capability Management Board decides whether an Army pilot will be career managed in the ‘generalist stream’ or the ‘specialist stream’. This is an internal career/administrative decision point that is not reliant on the operation of the Officer Aviation Pay Structure; rather, the Officer Aviation Pay Structure supports Army’s career management of pilots in a remunerative sense.

Paragraph e. requires the member to be in the ‘specialist stream’ of the Army Aviation Officer Employment Specification. The ‘specialist stream’ of the Army Aviation Officer Employment Specification is separate from the ‘Specialist Pathway’ of the Officer Aviation Pay Structure.

Paragraph f. requires that the member’s rate of salary in the Specialist Pathway and the Rotary Wing Pilot competency stream for the relevant Officer Aviation increment as set out in subsections 3 to 7, is equal to or higher than the member’s rate of salary for their rank, increment and pay grade in the Graded Officer Pay Structure immediately before transfer to the Officer Aviation Pay Structure.

Subsections 3 to 7 set out the methodology used to decide the relevant Officer Aviation increment that should apply to the member.

Subsection 3 applies to a member who holds the rank of Captain and has held that rank for five years or more. Paragraph a. prescribes the Officer Aviation increment of OA17 if the member has less than 12 months experience as a qualified test pilot, qualified flight instructor or regimental pilot. OA17 is the maximum Officer Aviation increment a member may reach in the Generalist Pathway without an aviation troop command appointment.

Paragraph b. applies to a member who has 12 months or more experience as a qualified test pilot, qualified flight instructor or regimental pilot. This paragraph provides an additional Officer Aviation increment above OA17 for each 12 months completed as a Captain after their sixth year in the rank, up to a maximum Officer Aviation increment of OA23.

There is no provision for pro rata recognition of experience at rank.

Subsection 4 applies to a member who holds the rank of Major and who qualified as a test pilot or flight instructor, or selected as a regimental pilot when they held the rank of Captain. This subsection provides that the member’s Officer Aviation increment is calculated as set out in paragraphs a. to c. The maximum Officer Aviation increment that may be provided under this subsection is OA28.

Paragraph a. provides the first element of the calculation, and uses the same method as set out in paragraph 3.b above. The second element is set out in paragraph b., and recognises the value of the member’s promotion to the rank of Major. For the purposes of this paragraph, if the member’s Officer Aviation increment calculated under paragraph a. is below OA21, then subparagraph i. provides that the member’s Officer Aviation increment is OA21 [noting that OA21 is the minimum Officer Aviation increment for the rank of Major]. If the member’s increment is OA21 or above, then subparagraph ii. provides that the member’s Officer Aviation increment is increased by one increment, so as to recognise the member’s promotion to Major.

The third element of the calculation is set out in paragraph c. and recognises the value of the member’s time in rank. For the purposes of this paragraph, the member’s Officer Aviation increment calculated under paragraph b. is increased by one increment for each 12 months completed at the rank of Major, up to a maximum of OA28. There is no provision for pro rata recognition of experience at rank.

Subsection 5 applies to 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 as set out in paragraphs a. and b., as relevant to the member.

Paragraph a. applies to a member who gained their qualification (test pilot/flight instructor) within the first three years as a Major. This paragraph provides that, in this circumstance, the member’s Officer Aviation increment is increased by one increment from OA21, for each 12 months completed in the rank of Major. The maximum increment is OA28. This methodology recognises the value of the member’s time in rank, as this is the only consistent assessment factor that can be applied for this class of member.

Paragraph b. applies to a member who gained their qualification (test pilot or flight instructor) in or after their fourth year as a Major. This paragraph provides that, in this circumstance, the member’s Officer Aviation increment is increased by one increment from OA23 for each 12 month period after they qualified. The maximum increment is OA28. This methodology recognises the value of both the member’s time in rank and experience as a test pilot/flight instructor: the member’s first four years or more (in which they were a generalist pilot) are valued by starting at Officer Aviation increment OA23; the additional increments above OA23 recognise and value the member’s years of experience as a test pilot or flight instructor.

Subsection 6 applies to a member who holds the rank of Lieutenant Colonel and who qualified as a test pilot or flight instructor while they held the rank of Captain. The member’s Officer Aviation increment is calculated as set out in paragraphs a to c.

Paragraph a. provides the first element of the calculation, and uses the same method as set out in subsection 4 above. The second element is set out in paragraph b., and recognises the value of the member’s promotion to the rank of Lieutenant Colonel. For the purposes of this paragraph, if the member’s Officer Aviation increment calculated under paragraph a. is below OA27, then subparagraph i. provides that the member’s Officer Aviation increment is OA27 (noting that OA27 is the minimum Officer Aviation increment for the rank of Lieutenant Colonel). If the member’s increment is OA27 or above, then subparagraph ii. provides that the member’s Officer Aviation increment is increased by one increment, so as to recognise the member’s promotion to Lieutenant Colonel.

The third element of the calculation is set out in paragraph c. and recognises the value of the member’s time in rank. For the purposes of this paragraph, the member’s Officer Aviation increment calculated under paragraph b. is increased by one increment for each 12 months completed at the rank of Lieutenant Colonel, up to a maximum of OA30. There is no provision for pro rata recognition of experience at rank.

Subsection 7 applies to a member who holds the rank of Lieutenant Colonel and who qualified as a test pilot or flight instructor while they held the rank of Major. The member’s Officer Aviation increment is calculated as set out in paragraphs a. to c.

Paragraph a. provides the first element of the calculation. Subparagraph i. applies to a member who gained their qualification (test pilot/flight instructor) within the first three years as a Major. This subparagraph provides that, in this circumstance, the member’s Officer Aviation increment is increased by one increment from OA21, for each 12 months completed in the rank of Major. The maximum increment is OA28. This methodology recognises the value of both the member’s time in rank and their experience as a test pilot or flight instructor.

Subparagraph ii. applies to a member who gained their qualification (test pilot or flight instructor) in or after their fourth year as a Major. This paragraph provides that, in this circumstance, the member’s Officer Aviation increment is increased by one increment from OA23 for each 12 month period after they qualified. The maximum increment is OA28. This methodology recognises the value of both the member’s time in rank and experience as a test pilot/flight instructor: the member’s first four years or more (in which they were a generalist pilot) are valued by starting at Officer Aviation increment OA23; the additional increments above OA23 recognise and value the member’s years of experience as a test pilot or flight instructor.

The second element of the calculation is set out in paragraph b. and recognises the value of the member’s promotion to the rank of Lieutenant Colonel, for which the member’s Officer Aviation increment calculated under paragraph a. is increased by one increment.

The third element of the calculation is set out in paragraph c. and recognises the value of the member’s time in rank. For the purposes of this paragraph, the member’s Officer Aviation increment calculated under paragraph b. is increased by one increment, up to a maximum of OA30. There is no provision for pro rata recognition of experience at rank.

Section 3.2.47J provides for the entry placements for a number of classes of Army aviation officers in the specialist stream of the Army Aviation Officer Employment Specification and who have had aviation command appointment.

Subsection 1 makes express that for the purpose of this section, an anniversary occurs every 12 months after the member’s most recent promotion date.

Subsection 2 provides that if this section applies to a member, the member is placed in the Officer Aviation Pay Structure, Specialist Pathway and Rotary Wing Pilot competency stream.

Subsection 3 makes express that this section applies to an officer in the Army who meets all of the conditions set out in the paragraphs on the day immediately before transfer to the Officer Aviation Pay Structure.

Paragraph a. requires the member to hold a rank between Captain and Lieutenant Colonel, inclusive.

Paragraph b. requires the member to be in a Graded Officer pay Structure pilot employment category under Schedule B.3 of the Principal Determination, that being either Pilot – Competency Progression or Pilot – Time Based progression. There is an important point of difference between the two classes of members under this eligibility condition, that being, that those who are in the Pilot – Time Based employment category must also agree to transfer to the Officer Aviation Pay Structure.

Paragraph c requires the member to be either a qualified test pilot or qualified flight instructor, or have been selected as a regimental pilot by Army’s Personnel Capability Management Board.

Paragraph d. requires the member to have held in the past, an aviation troop command for 12 months or more, an aviation sub-unit command or an aviation unit command appointment.

Paragraph e. requires the member to be in the ‘specialist stream’ of the Army Aviation Officer Employment Specification. The ‘specialist stream’ of the Army Aviation Officer Employment Specification is separate from, and not to be confused with, the ‘Specialist Pathway’ of the Officer Aviation Pay Structure as previously stated.

Paragraph f. requires that the member’s rate of salary in the Specialist Pathway and the Rotary Wing Pilot competency stream for the relevant Officer Aviation increment as set out in subsections 3 to 6, is equal to or higher than the member’s rate of salary for their rank, increment and pay grade in the Graded Officer Pay Structure.

Subsections 4 to 7 set out the methodology used to decide the relevant Officer Aviation increment that should apply to this member.

Subsection 4 provides that subsection 5 applies to a member who meets all the conditions described in paragraphs a. to c. Those conditions are:

The member has held the rank of Captain for six years or more;
The member has held an aviation troop command appointment; and
The member qualified as a test pilot or flight instructor or was selected as a regimental pilot by the Army Personnel Capability Management Board after they met the two previous conditions (described in paragraphs a. and b.).

Subsection 5 provides that an eligible member under subsection 3 has the relevant Officer Aviation increment prescribed under paragraph a. or b., as relevant. Paragraph a. prescribes the Officer Aviation increment of OA19 for the member who has less than 12 months experience as a qualified test pilot, qualified flight instructor or regimental pilot. OA19 is the Officer Aviation increment that recognises troop command appointment in the Army Generalist Pathway of the Officer Aviation Pay Structure.

Paragraph b. applies to a member who has 12 months or more experience as a qualified test pilot, qualified flight instructor or regimental pilot. This paragraph provides an additional Officer Aviation increment above OA19 for each anniversary after qualifying as a test pilot or flight instructor, or after selection for regimental pilot. The additional increments above OA19 recognise and value the member’s years of experience as a test pilot, flight instructor or regimental pilot. A maximum Officer Aviation increment of OA23 applies to a member under this paragraph.

There is no provision for pro rata recognition of experience.

Subsection 6 applies to a member who holds the rank of Major. It provides that the relevant Officer Aviation increment prescribed by either paragraph a. or b. applies to a member who meets the conditions in either of the paragraphs.

Paragraph a. provides that a member has Officer Aviation increment OA24 if the member has less than 12 months experience as a qualified test pilot, qualified flight instructor or as a regimental pilot.

Paragraph b. applies to a member who has 12 months or more experience as a qualified test pilot, qualified flight instructor or regimental pilot. This paragraph provides an additional Officer Aviation increment above OA24 for each anniversary after qualifying as a test pilot or flight instructor, or after selection for regimental pilot. The additional increments above OA24 recognise and value the member’s years of experience as a test pilot, flight instructor or regimental pilot. A maximum Officer Aviation increment of OA28 applies to a member under this paragraph.

Subsection 7 applies to a member who holds the rank of Lieutenant Colonel. It provides that the relevant Officer Aviation increment prescribed by either paragraph a. or b. applies to a member who meets the conditions in either of the paragraphs.

Paragraph a. provides that a member has Officer Aviation increment OA29 if the member has less than 12 months experience as a qualified test pilot or qualified flight instructor.

Paragraph b. provides that a member has Officer Aviation increment OA30 if the member has 12 months or more experience as a qualified test pilot, qualified flight instructor or regimental pilot. The additional increment above OA29 recognises and values the member’s years of experience as a test pilot or flight instructor.

Section 3.2.47K provides for the entry placement for an Air Force aviation officer who is not an aviation specialist. The eligibility conditions and provisions of the previous section 3.2.47K (which coincidentally contained provision for the same classes of Air Force Officer Aviation members) remain unchanged in the new section, except for the additional provision set out at subsection 7. Some wording changes have been made so as to be consistent with the format and style of the new Division 4A introduced by this Determination.

Subsection 1 provides that this section applies to a member in the Air Force who is not an aviation specialist and any of subsections 3 to 6, inclusive, apply to them.

Subsection 2 provides that on the day after any of subsections 3 to 6, inclusive, applies to a member, the member has a relevant pathway and competency stream. The member will also have an Officer Aviation increment in either of the following that has a corresponding rate of salary that is equal to or the next higher that is payable to the officer immediately before their transfer to the Officer Aviation Pay Structure.

For a member of the Permanent Forces – Schedule B.14 Part 3 of DFRT Determination No. 2 of 2017; or
For a member of the Reserves – Schedule B.14 Part 4 of DFRT Determination No. 2 of 2017.

Subsection 3 provides that a member in the air traffic control employment category becomes an Officer Aviation member on the day after they meet both of the following conditions. Paragraph a. requires the member to be promoted to a rank between Flight Lieutenant and Group Captain, inclusive, under paragraph 13(1)(a) of the Defence Regulation 2016, as in force from time to time. Paragraph b. requires the member to complete their initial minimum period of service or return of service obligation that was applied for their initial air traffic control training.

Subsection 4 makes express that subsection 5 and 6 apply to members in the listed employment categories.

Subsection 5 provides that a member in an employment category listed in subsection 4 becomes an Officer Aviation member on the day after they meet both of the following conditions. Paragraph a. requires the member to be promoted to a rank between Flight Lieutenant and Group Captain, inclusive, under paragraph 13(1)(a) of the Defence Regulation 2016, as in force from time to time. Paragraph b. requires the member to meet the conditions for the relevant item in the table.

An exception to the conditions set out in the table has been provided which relates specifically to Air Force members who are not in air traffic control and who are promoted from Flight Lieutenant to Squadron Leader. For an officer who is promoted to Squadron Leader, the officer must meet the following conditions to be eligible to become an Air Force Officer Aviation member and be placed at an officer Aviation increment under subsection 2.

The officer was paid a rate of salary as a Flight Lieutenant immediately before their promotion as a Flight Lieutenant at an increment between O3 – 0 and O3 – 4, inclusive, in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries, as in force from time to time; and
The officer 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, as in force from time to time.

If not for this exception, some officers on the Graded Officer Pay Structure - competency system – who are promoted to Squadron Leader may experience a delay of three years to transition to the Officer Aviation Pay Structure under the provisions set out at table item 2. In practical terms, without provision of this exception, a high performing Flight Lieutenant who is promoted to Squadron Leader prior to achieving Flight Lieutenant increment 5 would be prevented from transitioning to the Officer Aviation Pay Structure, and would suffer a financial disadvantage by being held back. Further, such an outcome would exacerbate some of the future retention issues with the Graded Officer Pay Structure - competency system that the Officer Aviation Pay Structure aims to address.

Subsection 6 provides that a member in an employment category listed in subsection 4, or in the air traffic control employment category, becomes an Officer Aviation member on the day after they meet one of the following conditions. Paragraph a. requires an officer to be paid at increment O3 – 3 in Schedule B.4 of DFRT Determination No. 2 of 2017. Paragraph b. requires the officer’s rate of salary to be administered by the provisions set out in table items 1.c, 2.a.ii or 2.b.ii of 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) 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.

Subsection 7 provides that despite the eligibility conditions prescribed by subsections 3 to 6, CDF may decide to transfer a member to the Officer Aviation Pay Structure at any time before the member meets the relevant conditions (set out in subsection 3 to 6), generally due to operational requirements. The member would be placed in the Officer Aviation Pay Structure and provided an Officer Aviation increment as prescribed by subsection 2.

Section 3.2.47L sets out the provisions for officers transferring into the Officer Aviation Pay Structure from other salary structures under DFRT Determination No. 2 of 2017. Other Rank members who transfer into the Officer Aviation Pay Structure have their provisions set out in section 3.2.47F of the Principal Determination as introduced by this Determination.

Subsection 1 makes express that this section does not apply to a member transferring into the Officer Aviation Pay Structure from the salary structure for aviation specialists. At this point in time, this salary structure is contained in Parts 1 and 2 of Schedule B.14 of DFRT Determination No. 2 of 2017. The provisions for aviation specialists are set out in section 3.2.47E of the Principal Determination as introduced by this Determination.

Subsection 2 makes provision for an officer in Navy to transfer into the Officer Aviation Pay Structure from another salary structure. Since section 3.2.47G of the Principal Determination introduced by this Determination makes provision for aviation officers previously under the Graded Officer Pay Structure, it is assumed that this section will generally apply to non-aviation officers paid salary under the Graded Officer Pay Structure or other specialist salary structures (for example, medical, dental, legal, Chaplains) provided under DFRT Determination No. 2 of 2017. This subsection provides that on the day that an officer meets both eligibility conditions set out in paragraphs a. and b., the officer is placed in the Officer Aviation Pay Structure, Command Pathway and Rotary Wing Pilot competency stream, and has an Officer Aviation increment OA9. The eligibility conditions are:

The member has completed operational flying training as a pilot on a military aircraft.
The member has completed 12 months experience on the aircraft following operational flying training.

Subsection 3 makes provision for an officer in Navy to transfer into the Officer Aviation Pay Structure from another salary structure. Again, since section 3.2.47G of the Principal Determination introduced by this Determination makes provision for aviation officers previously under the Graded Officer Pay Structure, it is assumed that this section will generally apply to non-aviation officers paid salary under the Graded Officer Pay Structure or other specialist salary structures (for example, medical, dental, legal, Chaplains) provided under DFRT Determination No. 2 of 2017. This subsection provides that on the day that an officer meets both eligibility conditions set out in paragraphs a. and b., the officer is placed in the Officer Aviation Pay Structure, Command Pathway and Aviation Warfare Officer competency stream, and has an Officer Aviation increment OA9. The eligibility conditions are:

The member has completed operational flying training as an aviation warfare officer on a military aircraft.
The member has completed 12 months experience on the aircraft following operational flying training.

Subsection 4 makes provision for an officer in Army who holds the rank of Lieutenant to transfer into the Officer Aviation Pay Structure from another salary structure. Since sections 3.2.47H, 3.2.47I and 3.2.47J of the Principal Determination introduced by this Determination make provision for Army aviation officers previously under the Graded Officer Pay Structure, it is assumed that this section will generally apply to non-aviation officers paid salary under the Graded Officer Pay Structure or other specialist salary structures (for example, medical, dental, legal, Chaplains) provided under DFRT Determination No. 2 of 2017. This subsection provides that on the day that an Army Lieutenant completes the Regimental Officers Basic Course – Program (aviation), the officer is placed in the Officer Aviation Pay Structure, Generalist Pathway and Rotary Wing Pilot competency stream, and has the relevant Officer Aviation increment under Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017, as prescribed in paragraph a. or b.

Paragraph a. provides that the officer with less than 12 months experience as a Lieutenant at the point of transfer has the Officer Aviation increment OA1. Paragraph b. provides that the officer with 12 months or more experience as a Lieutenant at the point of transfer has an additional increment above OA1 for each 12 months completed as a Lieutenant. The maximum Officer Aviation increment provided under this paragraph is OA4.

Subsection 5 makes provision for an officer in Army who holds the rank of Captain or above to transfer into the Officer Aviation Pay Structure from another salary structure. Again, since sections 3.2.47H, 3.2.47I and 3.2.47J of the Principal Determination introduced by this Determination make provision for Army aviation officers previously under the Graded Officer Pay Structure, it is assumed that this section will generally apply to non-aviation officers paid salary under the Graded Officer Pay Structure or other specialist salary structures (for example, medical, dental, legal, Chaplains) provided under DFRT Determination No. 2 of 2017. This subsection provides that on the day that an Army officer (Captain or above) completes the Regimental Officers Basic Course – Program (aviation), the officer is placed in the Officer Aviation Pay Structure, Generalist Pathway and Rotary Wing Pilot competency stream, and has the relevant Officer Aviation increment Annex B.3.D (Officer Aviation Pay Structure Generalist Pathway – increment ranges) of DFRT Determination No. 2 of 2017, prescribed in paragraph a. or b.

Paragraph a. provides that the officer with less than 12 months experience as an aviation officer at the point of transfer has the minimum Officer Aviation increment for their rank, pathway and competency stream. Paragraph b. provides that the officer with 12 months or more experience as an aviation officer at the point of transfer has an additional increment (above the minimum Officer Aviation increment for their rank, pathway and competency stream under Annex B.3.D) for each 12 months completed as an aviation officer. The maximum Officer Aviation increment provided under this paragraph is the maximum Officer Aviation increment for the rank, pathway and competency stream (but not including the Officer Aviation increments reserved for command appointments – OA19, OA24-OA25, and OA29-OA30).

Subsection 6 makes provision for an officer in Air Force to transfer into the Officer Aviation Pay Structure from another salary structure. Since section 3.2.47K of the Principal Determination makes provision for Air Force aviation officers previously under the Graded Officer Pay Structure, it is assumed that this section will generally apply to non-aviation officers paid salary under the Graded Officer Pay Structure or other specialist salary structures (for example, medical, dental, legal, Chaplains) provided under DFRT Determination No. 2 of 2017. This subsection provides that on the day that an Air Force officer is awarded a Category D qualification (or a primary endorsement for air traffic control), the officer is placed in the Officer Aviation Pay Structure, Command Pathway and relevant competency stream, and has the minimum Officer Aviation increment for their promoted rank, pathway and competency stream as set out in Annex B.3.A (Officer Aviation Pay Structure Command Pathway – increment ranges) Part 2 – Air Force, of DFRT Determination No. 2 of 2017.

Subsection provides that subsection 8 applies to an officer whose rate is salary is preserved under the provisions at table items 1.c, 2.a.ii and 2.b.ii in section B.2.5 of the DFRT Determination No. 2 of 2017, who transfer 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. The table items in section B.2.5 of the DFRT Determination preserve an enlisted member’s salary when they commission as an officer. Subsection 8 provides that if this preserved rate of salary is higher than the member’s Officer Aviation increment salary, then the preserved rate of salary is retained 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 preserved rate of salary.

Section 3.2.47M sets out the CDF discretions that may be used for the purposes of entry placement of members in the Officer Aviation Pay Structure.

Subsection 1 provides that the discretions provided in this section do not apply to an Officer Cadet. Navy do not have any Midshipman in the aviation training regime, so including Navy’s equivalent rank is unnecessary.

Subsection 2 provides that CDF may decide a member’s Officer Aviation increment when the member enters or transfer into the Officer Aviation Pay Structure that is between the minimum and maximum Officer Aviation increments for the member’s Service, promoted rank, pathway and competency stream.

The same limitation is imposed on the CDF in making a similar decision for members of the wider ADF community at subsection 3.2.23.3 of the Principal Determination. Generally this provision may apply to recruits from foreign military service, transfers from other arms of the ADF, and personnel returning to the ADF following a break in continuous full-time service.

Subsection 3 makes express that the CDF must take the listed factors into consideration when making a decision under subsection 2. The same direction is given to the CDF in making a similar decision for members of the wider ADF community at subsection 3.2.23.4 of the Principal Determination.

Sections 3.2.47N to 3.2.47V provide the rules for an Officer Aviation member’s increment placement when their circumstances change while in the Officer Aviation Pay Structure.

Section 3.2.47N applies to Navy Officer Aviation members between the ranks of Sub Lieutenant and Lieutenant (inclusive). For Navy aviation members, the trigger to move to the OA8/9 – OA19 increment range is based on competency and experience, rather than promotion to the O3 rank as it is for Army and Air Force.

Subsection 1 provides that a Sub Lieutenant or Lieutenant in the Rotary Wing Pilot competency stream is placed on officer Aviation increment OA9 on the day that the member meets both of the following conditions in paragraphs a. and b.:

The member has completed operational flying training as a pilot on a military aircraft.
The member has completed 12 months experience as a pilot on the aircraft following operational flying training.

Subsection 2 provides that a Sub Lieutenant or Lieutenant in the Aviation Warfare Officer competency stream is placed on officer Aviation increment OA8 on the day that the member meets both of the following conditions in paragraphs a. and b.:

The member has completed operational flying training as an aviation warfare officer on a military aircraft.
The member has completed 12 months experience as an aviation warfare officer on the aircraft following operational flying training.

Section 3.2.47O provides the rules for increment placement on promotion for an Officer Aviation member. Subsection 1 makes express that this section does not apply to the classes of Officer Aviation member described in paragraphs a. to c. They are:

A member in the Navy who is promoted to Acting Sub Lieutenant, Sub Lieutenant or Lieutenant;
A member in the Army who is promoted to Second Lieutenant and Lieutenant; or
A member in the Air Force who is promoted to Pilot Officer or Flying Officer.

A member who is promoted to Acting Sub Lieutenant, Sub Lieutenant or Lieutenant may still be undertaking sort to competency and aviation training (remunerated in the OA0-OA4 increment range), and may not have met the eligibility conditions to advance to the next increment range (OA8/9 – OA19) simply by virtue of their promotion. The eligibility conditions for advancement to the next increment range for these members are set out in section 3.2.47N.

A member promoted to Second Lieutenant or Lieutenant (Army) may still be undertaking aviation training (remunerated in the OA0-OA4 increment range), and may not have met the eligibility conditions to advance to the next increment range (OA8-OA17) simply by virtue of their promotion. The condition for advancement to the next increment range for these members is their promotion to Captain. To be eligible for promotion to Captain, the member must have completed the Regimental Officers Basic Course – Program (aviation).

A member promoted to Pilot Officer or Flying Officer may still be undertaking sort to competency and competency stream training (OA0-OA4), and may not have met the eligibility conditions to advance to the next increment range simply by virtue of their promotion. The condition for advancement to the next increment range for these members is their promotion to Flight Lieutenant, which also happens to coincide with completion of their Category D qualification (or primary endorsement for Air Traffic Controllers).

Subsection 2 provides that on the day that an Officer Aviation member is promoted, the member has the lowest Officer Aviation increment for their promoted rank, pathway and competency stream.

Subsection 3 makes provision for a member to be given a higher increment by CDF, despite subsection 2 above. Subsection 3 provides that a member may be placed on a higher Officer Aviation increment for their rank, pathway and competency stream if the CDF decides that the member has a period of previous service that meets all of the conditions set out in paragraphs a. to c.

Paragraph a. requires the member to have performed the period of service at the rank the member is promoted to, or a higher rank.

Paragraph b. requires the member to have performed the service at the stand of competence expected for the member’s pathway and competency stream for the rank the member is promoted to, or a higher rank.

Paragraph c. requires the member to have performed the period of service as set out in either subparagraph i. or ii., as relevant to the member’s Service: for members of Navy, the period of service must be a cumulative period of at least 12 months, and CDF is satisfied that the service is relevant to the member’s ability to contribute to capability at the rank to which the member is promoted; for members of Army or Air Force, the period of service must be a continuous period of service of at least 12 months and performed at the rank to which the member is promoted, or at a higher rank.

Subsection 4 makes express that on the day that a member in the Army Specialist Pathway is promoted, the relevant of the following applies to the member. Paragraph a. provides that if the member is promoted to a rank below the rank of Colonel, and their increment before the promotion is below the lowest increment for their promoted rank, then the member has the minimum Officer Aviation increment for their promoted rank.

Paragraph b. provides that if the member is promoted to a rank below the rank of Colonel, and their increment before the promotion is equal to or above the lowest increment for their promoted rank, then the member has an Officer Aviation increment that is one above the increment for their rank before promotion.

Paragraph c. provides that if the member is promoted to the rank of Colonel, the member is transferred to the Generalist Pathway and placed on Officer Aviation increment OA35. This is because there is no increment at the rank of Colonel in the Specialist Pathway.

Section 3.2.47P provides the rules for increment placement on Command appointment for a Navy or Army Officer Aviation member.

Subsection 1 provides that on the day that a member in Navy meets all of the eligibility conditions set out in paragraphs a. to d., the member has Officer Aviation increment OA29. The conditions are:

The member holds the rank of Commander;
The member is in the Command Pathway;
The member is aviation Command qualified; and
The member holds a Command appointment.

Subsection 2 provides that subsection 3 applies to a member in Army who meets all the conditions set out in paragraphs a. to e.

The member is a Captain and has held that rank for six or more years;
The member holds a rank between Major and Lieutenant Colonel, inclusive;
The member is in the Generalist Pathway;
The member has completed the Regimental Officer Basic Course – Program (aviation); and
The member holds an aviation troop Command, aviation sub-unit Command or aviation unit Command appointment.

Subsection 3 provides that the member has the relevant Officer Aviation increment specified in paragraphs a. to c.

A member who holds the rank of Captain has Officer Aviation increment OA19;
A member who holds the rank of Major has Officer Aviation increment OA24;
A member who holds the rank of Lieutenant Colonel has Officer Aviation increment OA29.

Section 3.2.47Q provides the rules for increment placement on rank reduction of an Officer Aviation member. Subsection 1 provides that if an Officer Aviation member is reduced in rank for a reason set out in paragraph a. or b. (according to Service), CDF may decide the member’s Officer Aviation increment for the lower rank, within the member’s pathway and competency stream.

Paragraph a. applies to a member in the Navy or Army and paragraph b. applies to a member in the Air Force.

Subsection 2 makes express that CDF must take all of the following factors into consideration when making a decision under subsection 1.

The member’s previous service at the lower rank;
The member’s relevant service in the higher rank; and
The circumstances of the reduction in rank.

The same direction is given to the CDF in making a similar decision for members of the wider ADF community at section 3.2.38 of the Principal Determination.

Subsection 3 provides that if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation (i.e. the member applies for, or agrees to, a the rank reduction), the member continues to hold the Officer Aviation increment that the member held immediately before the rank reduction.

Section 3.2.47R provides the rules for increment placement for loss of command appointment of an Officer Aviation member in Navy or Army. This section does not apply to an Officer Aviation member in Air Force.

Subsection 1 provides that if an Officer Aviation member in Navy or Army loses their command appointment for one of the reasons set out in paragraphs a. to c., the member’s Officer Aviation increment is decided by CDF. CDF may decide an Officer Aviation increment that is within the increment range for the member’s Service, rank, pathway and competency stream. The reasons for loss of command that apply in this section are:

The member was imposed with a censure or formal warning;
The member was convicted of an offence under the Defence Force Discipline Act 1982 or a civilian criminal offense; and
The member was suspended from duty.

Subsection 2 makes express that CDF must take the member’s previous service and the circumstances of the loss of command appointment into consideration when making a decision under subsection 1 above.

Section 3.2.47S provides the rules for increment advancement for an Officer Aviation member. Subsection 1 makes express that for the purposes of subsections 3 and 4, the advancement period is any of the following periods of service.

For a member in the Permanent Forces — 12 months of service.
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.
For a member who served in both the Permanent Forces and Reserves in a 12 month period — 20 days of service.

The same provision is afforded to members of the wider ADF community at section 3.2.30 of the Principal Determination.

Administrative notes have been added for clarification purposes: The first note makes clear that the advancement period commences on the later of one of the dates set out in paragraph 3.b. The second note makes clear that 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. The same provision is afforded to members of the wider ADF community at subsection 3.2.30.3 of the Principal Determination.

Subsection 2 makes express that for the purposes 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.

Subsection 3 provides that an Officer Aviation member may advance to the next Officer Aviation increment at the end of the advancement period if the member’s Officer Aviation increment is below the top increment for the member’s rank, pathway and competency stream at the end of the advancement period. The member must also meet one of the conditions:

Paragraph a. requires that 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 dates prescribed by subparagraphs i. to iii, unless one of paragraphs b. to e. apply.

The day of the member’s appointment as an officer;
The day of the member’s most recent promotion; or
The day of the member’s last increment advancement in the Officer Aviation Pay Structure.

Paragraph b. requires a member in Navy at the rank of Sub Lieutenant or Lieutenant to have completed both of the following on or after 1 July 2019. The advancement period for this class of member commences 12 months from the day on which the member completed those conditions. The conditions are:

The member has completed operational flying training on a military aircraft.
The member has completed 12 months experience on the aircraft following operational flying training.

For a member who completed both of those conditions before 1 July 2019, paragraph a. would apply to them. This is because such a member previously advanced through their increments under the Graded Officer Pay Structure based on the events set out in subparagraphs a.i. and a.ii. If such a member’s increment advancement were changed to become the same as applied to members under paragraph b. they would suffer a degree of financial disadvantage in the transition. After 1 July 2019, a member who completes those conditions will advance based on their completion date, not based on their appointment as an officer or their promotion.

Paragraph c. applies to a member in the Navy Command Pathway or the Army Generalist Pathway with a Command appointment. This paragraph requires the member to have completed 12 months in the Command appointment commencing from the date of the member’s Command appointment. For Army this refers to an aviation troop Command, an aviation sub-unit Command or an aviation unit Command appointment.

Paragraph d. applies to a member in Air Force in the Specialist Pathway. This paragraph requires the member to have completed 12 months, commencing from the date of the member’s transfer into the Specialist Pathway.

Paragraph e. applies to a member in Air Force and holds the rank of either Pilot Officer or Flying Officer. This paragraph requires the member to have completed 12 months from the day they entered the Officer Aviation Pay Structure, or 12 months from their last increment advancement in the Officer Aviation Pay Structure.

An administrative note has been added. The note makes clear that Subsection B.3.8.5 and B.3.8.6 of DFRT Determination No. 2 of 2017 limit the increment range for members in Navy in the Command Pathway and members in Army in the Generalist Pathway.

Subsection 4 sets out the provisions for increment advancement for members who did not perform their duties at the standard of competence under paragraph 3.b and, as a consequence, did not receive an increment advancement at the end of the advancement period. Paragraph a. provides that if the member performs 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. Paragraph b. provides that if the member did not perform their duties at the standard of competence during the four months under paragraph a. then both subparagraphs i. and ii. apply.

The member is not eligible for increment advancement for the advancement period; and
The member’s next advancement period commences from when paragraph 3.b would have applied.

This provision is afforded to members of the wider ADF community at section 3.2.33 of the Principal Determination.

Subsection 5 sets out the provision for increment advancement for members who transfer to Air Force under section 3.2.47T. If the member’s Officer Aviation increment is above the minimum for the member’s Air Force's promoted 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 events.

The member’s years of experience (using the column 2 years in rank) at the Air Force promoted 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.
The member is promoted.

Subsection 6 makes express that subsection 7 applies to members in Air Force who meet either of the following:

The member has transferred between pathways or competency streams under section 3.2.47U and their Officer Aviation increment that is above the minimum for the gaining pathway and competency stream under paragraph 3.2.47U.2.b.
The member become an Officer Aviation member under section 3.2.47K and the member’s Officer Aviation increment under paragraph 3.2.47K.2.c is above the minimum for their promoted rank, pathway and competency stream.

Subsection 7 provides that despite the increment advancement rules set out in subsection 3, a member to whom subsection 6 applies is not eligible for an increment advancement until member’s years of experience (using the column 2 years in rank) for the promoted rank, gaining pathway or competency stream corresponds to an Officer Aviation increment that is higher than the member’s increment under the relevant of either paragraph 3.2.47U.2.b. or paragraph 3.2.47K.2.c.

Subsection 8 makes express that an Officer Aviation member may not receive more than one increment advancement under this section in any 12 month period.

An administrative note has been added to make clear that some transfer provisions set out in this Division may result in a member receiving more than one increment advancement in a 12 month period under this section.

Section 3.2.47T provides the increment placement rules for an Officer Aviation member who transfers between Services. Subsection 1 makes express that this section applies to an Officer Aviation member who transfers to another Service as an Officer Aviation member.

Subsection 2 provides that the member’s Officer Aviation increment is maintained until the member has completed the relevant of the following conditions for their gaining Service, pathway and competency stream. A similar salary preservation provision is provided to the wider ADF community under section 3.2.25 of the Principal Determination. For Navy and Army, the member is required to complete a platform type conversion. A platform type conversion covers both training platforms and operational platforms. For Air Force, the member is required to complete training for Category D qualification or Air Traffic Controller primary endorsement.

Subsection 3 provides that for a member who transferred to Navy or Air Force, on the day that the relevant conditions are met under subsection 2, the relevant paragraph applies. Paragraph a. provides that if the member’s Officer Aviation increment before transfer is below or equal to the minimum increment for the gaining pathway and competency stream, the member’s Officer Aviation increment is the minimum increment for the gaining Service, rank, pathway and competency stream.

Paragraph b. provides that if the member’s Officer Aviation increment before transfer is above the minimum increment for the gaining pathway and competency stream, the member’s Officer Aviation increment remains the same.

Paragraph c. provides that if the member’s Officer Aviation increment before transfer is above the maximum increment for their rank, gaining pathway or competency stream, their Officer Aviation increment is the maximum increment for their rank, gaining pathway or competency stream.

Subsection 4 provides that CDF may decide a member’s Officer Aviation increment that is above the minimum increment prescribed under paragraph 3.a. CDF must take the listed factors into consideration when making the decision. The factors are:

The member’s experience, qualifications and skills;
The member’s previous relevant military service; and
Any other matters relevant to the periods of service for increment placement.

Subsection 5 applies to a member who transferred to the Army. It provides that on the day that the member completed their operational type conversion training under paragraph 2.a, the member has an Officer Aviation increment for their rank, pathway and competency stream decided by CDF. In making a decision, CDF must have regard to the following factors:

The member’s rank;
The number of years the member was in their previous Service; and
The member’s qualifications and experience.

Section 3.2.47U provides the increment placement rules for an Officer Aviation member who transfers between pathways and competency streams within a Service.

Subsection 1 makes express that this section does not apply to a member in the Army to whom section 3.2.47V applies. Subsection 2 provides that on the day that an Officer Aviation member transfers to a different pathway or competency stream within their Service, paragraph a., b. or c. will apply.

Paragraph a. provides that if the member’s Officer Aviation increment before transfer is below or equal to the minimum increment for the gaining pathway and competency stream, the member’s Officer Aviation increment is the minimum increment for their rank, gaining pathway and competency stream

For a member in Navy – the member has the highest Officer Aviation increment for their rank, gaining pathway and competency stream; or
For a member of Army or Air Force – the member continues to hold their Officer Aviation increment.

Subsection 3 provides that, despite paragraph 2.b a member may have an Officer Aviation increment above the minimum increment for their rank, pathway and competency stream that is decided by CDF. In making a decision, CDF must take the following factors into consideration:

The member’s experience, qualifications and skills;
The member’s previous relevant military service; and
Any other matters relevant to the periods of service for increment placement.

Section 3.2.47V provides the increment placement rules for an Officer Aviation member in Army who transfers between Army Generalist Pathway and Specialist Pathway on promotion. Subsection 1 provides that on the day that an Officer Aviation member in Army transfers from the Generalist Pathway to the Specialist Pathway on promotion, the member has the higher of the following increments set out in paragraph a. or b. Paragraph a prescribes the minimum Officer Aviation increment for the member’s new rank in the Specialist Pathway; paragraph b. prescribes one increment above the member’s Officer Aviation increment they held immediately before the transfer. The maximum Officer Aviation increment that can be provided under this section is set by Annex B.3.B Part 2 in DFRT Determination No. 2 of 2017.

Subsection 2 provides that on the day that an Officer Aviation member in Army who transfers from the Specialist Pathway to the Generalist pathway on promotion and Command appointment to an aviation sub-unit Command or aviation unit Command, subsections 3.2.47P.2 and 3.2.47P.3 apply.

Schedule 2—Consequential amendments

Schedule 2 of this Determination makes consequential amendments to the Principal Determination as a result of the introduction of the new Division 4A by Schedule 1 of this Determination.

Section 1 amends section 3.2.18A of Chapter 3 Part 2 Division 2 of the Principal Determination, which makes express the classes of members who are not covered by this Division. With the commencement of DFRT Determination No. 3 of 2019, this Division does not apply to a member who is being paid as an Officer Aviation member, as defined in the table at section 3.2.47B of the Principal Determination as amended by this Determination. Commencement provisions relating to Officer Aviation members can be found under Division 4A, Specialist Officer – Aviation, which sets out increment placement, progression and transfer through the Officer Aviation Pay Structure for all Officer Aviation members.

Section 1 omits section 3.2.18A of the Principal Determination. This section makes express which members for whom Chapter 3 Part 2 Division 2 does not apply. The previous section made reference to Air Force Officer Aviation members. The new section now applies to all Officer Aviation members in the ADF.

Section 2 omits section 4.1.4 of the Principal Determination. This section makes express which members for whom Chapter 4 – Higher duties allowance, does not apply. The previous section made reference only to trainees. However, all aviation specialists in the ADF are also not eligible for higher duties allowance by virtue of the rule at paragraph 4.1.13.c. Aviation specialists have been added to the list of ineligible members at section 4.1.4. All Navy and Air Force Officer Aviation members in their Specialist Pathways are also not eligible for higher duties allowance. All other Officer Aviation members who meet the eligibility conditions set out in Chapter 4 may be paid higher duties allowance.

Section 3 omits the definition of ‘Specialist Officer’ in the table at section 4.1.5 of the Principal Determination. It has been replaced with a new definition, in which reference to Schedule B.14 (Specialist Officer salary rates – Aviation, Parts 3 and 4) has been added.

Section 4 amends section 4.1.13 which listed the classes of members in the ADF who are ineligible to be directed to perform higher duties. Paragraph 4.1.13.c refers to a member in the Aviation Specialist stream, which has been found to be an uncertain term. The class of member to which this term is referring is more correctly referred to as ‘aviation specialist’ which is a defined term as set out in the table at section A.1.12 of Part A of DFRT Determination No. 2 of 2017. The previous term has been replaced with the defined term.

Paragraph ca. has also been added to the list in section 4.1.13 to cover Officer Aviation members in the Navy or Air Force Specialist Pathways.

Schedule 3—Transitional provisions

Section 2 provides that a member in the Army who was an aviation specialist and who volunteered to transfer to the Officer Aviation Pay Structure on 1 July 2019, has an Officer Aviation increment set out in the conversion table at Annex 3.2.E of the Principal Determination that is equal to, or the next higher, than their Aviation Specialist increment before transfer. Section 3.2.47E of the Principal Determination as introduced by Schedule 1 of this Determination applies to those Army aviation specialists who chose not to transfer on 1 July 2019.

Section 3 provides a specific transition provision for a member in Army who has transferred from Air Force. Were it not for this particular transition provision, paragraph 3.2.47H.10.a would apply when the member is promoted to the rank of Captain, and the member would suffer significant and enduring financial disadvantage.

Subsection 1 provides the eligibility criteria for this member.

Subsection 2 provides that the member will transfer to the Officer Aviation Pay Structure on the day that the member meets whichever condition first, and is given the prescribed Officer Aviation increment.

Paragraph a. requires the member to hold the rank of Captain for six or more years and hold or have held an aviation troop Command appointment, in which case the member has the Officer Aviation increment OA19.
Paragraph b. requires the member to be promoted to the rank of Major, in which case the member has the Officer Aviation increment OA21.
Paragraph c. requires the Pilot Time Based Progression employment category to cease, in which case the member has an Officer Aviation increment that has a salary equal to, or the next higher, the salary payable to the member on the day immediately before transfer.

Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

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EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

Attachment A – Provisions in Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

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EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

Attachment A – Provisions in Defence Determination, Conditions of service Amendment (Specialist Officer – Aviation) Determination 2020 (No. 4)

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