Common use of Salary Setting Clause in Contracts

Salary Setting. Under this salary setting clause, where an employee is engaged, moves to or is promoted in the Department, the employee’s salary will be paid: for AGS employees – at the minimum rate for the classification; or for other employees – at the minimum pay point for the classification, unless the Secretary determines a higher salary rate for AGS employees, or higher pay point for other employees, within the classification under this clause. If an employee is promoted within the Department to duties within AGS, the employee’s salary must not be lower than the salary the employee was in receipt of at the lower classification. If an employee at the Executive 1.4 pay point is promoted to duties within the Department, other than in AGS, the salary on promotion is to be at least at the Executive 2.2 pay point. The Secretary may determine the payment of salary at a higher salary rate for AGS employees, or higher pay point for other employees, of the relevant classification, and the date of effect, at any time. In determining a salary under this clause, the Secretary will have regard to a range of relevant factors including the employee’s experience, qualifications and skills. Where an employee commences ongoing employment in the Department immediately following a period of non-ongoing employment in the Department for a specified term or task, the Secretary will determine the payment of the employee’s salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a non-ongoing employee in the Department. Where an employee commences ongoing employment in the Department immediately following a period of casual employment in the Department, the Secretary will determine the payment of salary within the relevant salary range of the relevant classification which recognises the employee’s prior service as a casual employee in the Department. Where an APS employee moves to the Department at level from another APS agency, and their salary is above the maximum of the salary range for their classification, the Secretary will maintain the employee’s salary at that level, until it is absorbed into the salary range for that classification. Where the Secretary determines that an employee’s salary has been incorrectly set, the Secretary may determine the correct salary and the date of effect. 2.05 Temporary performance at lower classification If an employee asks in writing to perform work at a lower classification level temporarily, the Secretary may decide that the employee be paid at a salary rate or pay point applying to the lower classification level for the period requested by the employee. 2.06 Salary maintenance – movement between AGS and other parts of the Department Where an employee moves at an approved classification level within the Department from AGS to another part of the Department, and their salary is above the maximum of the salary range for their classification under Schedule 1, the Secretary may maintain the employee’s salary at that level (the maintained salary), until it is absorbed into the salary range for that classification. 2.07 Salary on movement at approved classification level between AGS and another part of the Department This clause applies to an employee moving at approved classification level within the Department from AGS to another part of the Department, or from another part of the Department to AGS, where the salary received prior to the movement is less than the maximum salary payable under the Schedule to apply after the movement. For an assignment: From AGS to another part of the Department – where the employee is not in receipt of a salary level equivalent to a pay point for the relevant classification at Schedule 1, the employee will commence the assignment at the next higher pay point above the pre-assignment salary, and will be eligible for future salary adjustment in accordance with clause 2.03; and from another part of the Department to AGS – the Secretary will decide the salary rate to apply at a rate no lower than applied preceding the assignment. For a temporary assignment, subclause (2) only applies for the duration of the temporary assignment.

Salary Setting. Under this salary setting clause, where (1) Where an employee Employee is engaged, moves to advances, or is promoted in the DepartmentAFP, the employeeEmployee’s salary will be paid: for AGS employees – paid at the minimum rate for Increment Point of the classification; or for other employees – at Salary Band of the minimum pay point for the classificationrelevant Classification Structure, unless the Secretary Commissioner determines a higher salary rate for AGS employees, or higher pay point for other employees, within the classification relevant Salary Band under these salary setting provisions or sub-section 10(2) below applies. (2) An Employee who is performing higher duties immediately prior to their advancement may move to a higher Increment Point where the Employee would otherwise have been on a higher Increment Point due to the performance of higher duties consistent with sub- section 39(3) of this clause. If Agreement. (3) When determining an employee is promoted Increment Point within a Salary Band upon promotion or advancement, any composite or allowance paid under the Department to duties within AGS, AFP Working Patterns will not form part of the employee’s salary must not be lower than the salary the employee was in receipt of at the lower classification. If an employee at the Executive 1.4 pay point is promoted to duties within the Department, other than in AGS, the salary on promotion is to be at least at the Executive 2.2 pay point. consideration for a higher Increment Point. (4) The Secretary Commissioner may determine the payment of salary at a higher salary rate for AGS employees, or higher pay point for other employees, value within the relevant Salary Band of the relevant classification, classification and the date of effect, effect at any time. . (5) In determining a salary under this clausethese salary setting provisions, the Secretary Commissioner will have regard to a range of relevant factors including the employeeEmployee’s experience, qualifications and skills. . (6) Where an employee Employee commences ongoing employment in the Department AFP immediately following a period of non-ongoing employment in the Department for a specified term or taskAFP, the Secretary Commissioner will determine the payment of the employeeEmployee’s salary within the relevant salary range Salary Band of the relevant classification which recognises the employeeEmployee’s prior service as a non-ongoing employee Employee in the Department. AFP. (7) Where an employee Employee commences ongoing employment in the Department AFP immediately following a period of casual employment in the DepartmentAFP, the Secretary Commissioner will determine the payment of salary within the relevant salary range Salary Band of the relevant classification which recognises the employeeEmployee’s prior service as a casual employee Casual Employee in the Department. AFP. (8) Where an APS employee moves to Employee is engaged from outside the Department at level from another APS agencyAFP, and their the Commissioner agrees to a commencement salary is above the maximum of the salary range Salary Band for their classification, the Secretary AFP will maintain the employeeEmployee’s salary at that level, until it is absorbed into the salary range for that classification. . (9) Where the Secretary Commissioner determines that an employeeEmployee’s salary Base Salary has been incorrectly set, the Secretary Commissioner may determine the correct salary and the date of effect. 2.05 Temporary performance at lower classification If an employee asks in writing to perform work at a lower classification level temporarily, the Secretary may decide that the employee be paid at a salary rate or pay point applying to the lower classification level for the period requested by the employee. 2.06 Salary maintenance – movement between AGS and other parts of the Department Where an employee moves at an approved classification level within the Department from AGS to another part of the Department, and their salary is above the maximum of the salary range for their classification under Schedule 1, the Secretary may maintain the employee’s salary at that level (the maintained salary), until it is absorbed into the salary range for that classification. 2.07 Salary on movement at approved classification level between AGS and another part of the Department This clause applies to an employee moving at approved classification level within the Department from AGS to another part of the Department, or from another part of the Department to AGS, where the salary received prior to the movement is less than the maximum salary payable under the Schedule to apply after the movement. For an assignment: From AGS to another part of the Department – where the employee is not in receipt of a salary level equivalent to a pay point for the relevant classification at Schedule 1, the employee will commence the assignment at the next higher pay point above the pre-assignment salary, and will be eligible for future salary adjustment in accordance with clause 2.03; and from another part of the Department to AGS – the Secretary will decide the salary rate to apply at a rate no lower than applied preceding the assignment. For a temporary assignment, subclause (2) only applies for the duration of the temporary assignment.