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DETYA Certified AgreementPART B - Pay13. Pay Arrangements
13.1 Pay and Pay Adjustments 13.1.1 In recognition of:
13.1.2 The Rates of Pay as contained in Appendices 1, 2 and 3 of Schedule 1 to this Agreement will apply for the term of the Agreement. 13.2 Salary on Commencement 13.2.1 Where an employee commences on engagement in DETYA at a specific level, the Secretary may determine payment of an appropriate salary within a DETYA pay band having regard to the experience, qualifications and skills of the employee and his or her likely corporate contribution to the job at that level. 13.2.2 Salary on commencement at the DETYA Legal 1 or DETYA Legal 2 classifications will be determined in accordance with Schedule 5. 13.2.3 Where, at the time of engagement, an employee’s salary is set at the incorrect pay point within the applicable pay range, the Secretary may determine, in writing, the payment of the employee’s salary at the correct pay point. 13.3 Salary on Promotion 13.3.1 Subject to Public Service Regulation 3.8 regarding the date of effect of promotion, where an employee is promoted to or within DETYA to a level higher than the employee’s level at the time, the Secretary may determine payment of appropriate salary within a pay band having regard to the experience, qualifications and skills of the employee and his or her likely corporate contribution to the job at that level. 13.3.2 Salary on promotion for employees at the DETYA Legal 1 or DETYA Legal 2 classifications will be determined in accordance with Schedule 5. 13.3.3 Where the employee has temporarily performed duties at the classification level of the promotion and attained a higher point in the range immediately before the promotion, salary payable on promotion will be at least at the point attained. 13.4 Salary on Movement 13.4.1 The purpose of this clause is to facilitate the movement of employees between DETYA levels and APS equivalent levels where designations and salary rates have been varied by certified agreements. 13.4.2 In this clause, the term classification means a group in the Australian Public Service Classification Groups issued by DEWRSB from time to time. 13.4.3 The Secretary may, for the purpose of enabling an employee from within or outside the Department to move between equivalent levels which have the same classification:
13.4.4 Where an employee is moving to or within the DETYA Legal Classification structure, the salary payable to the employee will be determined in accordance with Schedule 5. 13.4.5 The change to the rate or rates of salary payable to the person must be made in writing before the relevant instrument of appointment or movement is signed. 13.4.6 Where the Secretary reduces the rate or rates of salary under this clause, that reduction does not operate to reduce the salary payable to an employee who was the occupant of that classification at the time of that reduction. 13.5 Salary Maintenance on Moving to DETYA 13.5.1 At the discretion of the Secretary, a person moving to DETYA at the same classification level whose salary in his or her previous agency (current salary) exceeds the salary attached to the relevant classification level in this Agreement, will be maintained on his or her current salary until such time as his or her salary is absorbed by DETYA pay increases. 13.6 Salary on Reduction 13.6.1 Where an employee permanently reduces to a lower classification level for reasons other than provided under paragraphs 23(4)(a), (d), (e) or (g) of the Act, the applicable salary will be determined by the Secretary as though service at the salary point which exceeded the minimum of the lower classification level was service at the lower classification level. 13.7 Salary on Temporary Reduction 13.7.1 Where an employee requests, in writing, to temporarily perform work at a lower classification level, the Secretary may determine, in writing, that the employee shall be paid a rate of salary applicable to the lower level for the period specified in the request. 13.8 Supported Rates 13.8.1 Supported salary rates as set out in Schedule 2 shall apply to an employee who, because of the effects of a disability, is eligible to receive a supported wage. 13.9 Junior Rates 13.9.1 Junior rates of pay as a percentage of the first pay point of the APS 1 equivalent adult base rate of pay will apply as follows:
13.10 Method of Salary Payment 13.10.1 Employees will have their salary paid fortnightly in arrears by electronic funds transfer to a nominated account with a financial institution of their choice located in Australia. 13.10.2 The fortnightly rate of pay will be ascertained by applying the following formula:
13.11 Salary for Part Time Employees 13.11.1 Salary for part time employees will be calculated on a pro rata basis according to hours worked, excepting allowances of a reimbursement nature, where reimbursement will not be pro rated. 13.12 Employees engaged under paragraph 22(2)(c) of the Act 13.12.1 Employees engaged for periods that are intermittent or irregular will receive a loading of 15% of salary in lieu of Annual Leave, Personal Leave and public holidays. 13.13 Pay Rate Applying to an Employee Undertaking a Traineeship 13.13.1 This clause applies to an employee undertaking a traineeship which is approved under Part VIE of the Workplace Relations Act 1996 (the WR Act). Notwithstanding anything to the contrary in this Agreement, the pay rate applying to an employee undertaking such a traineeship shall be calculated in accordance with s.170XC of the WR Act where the benchmark rate is the pay rate which would apply to the employee under this Agreement for the work being performed by the employee, if the employee was not undertaking the traineeship. 13.14 Pay Rate Applying to an Employee Undertaking an Apprenticeship 13.14.1 This clause applies to an employee undertaking an apprenticeship which is approved under Part VIE of the Workplace Relations Act 1996 (the WR Act). Notwithstanding anything to the contrary in this Agreement, the pay rate applying to an employee undertaking such an apprenticeship, shall be calculated in accordance with s.170XD of the WR Act where the benchmark apprenticeship is the non-approved apprenticeship in the same trade, occupation or kind of work. 13.15 Pay Rate Applying to an Employee Undertaking a Cadetship 13.15.1 A Cadet or Indigenous Cadet, during periods of full-time study, will be paid no less than 60% of the minimum salary (including junior rates where applicable) that would be payable to the Cadet if he/she was performing practical training. [previous] [next] PART C - Performance Management and Performance Based Advancement
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