AN150133 – SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004

CLAUSE 1.3 SCOPE, PERSONS BOUND AND LOCALITY
OPDATE 29:10:2004 on and from

1.3.1 This Award applies throughout the State of South Australia.

1.3.2 This Award is binding on the following employers (or their successors within SA Government), associations and employees:

• Chief Executive of the Department for Administrative and Information Services (CE, DAIS) in respect of salaried public employees employed in an agency specified in clauses 1.3.3 and 1.3.4;
• Country Fire Service (CFS) in respect of its employees;
• Department of Health in respect of its relevant salaried employees, including relevant salaried employees engaged pursuant to the Institute of Medical and Veterinary Science Act; and relevant salaried employees in incorporated hospitals and incorporated health centres pursuant to the SA Health Commission Act;
• Association of Professional Engineers, Scientists and Managers, Australia (APESMA);
• Community and Public Sector Union (CPSU), SPSF Group SA Branch, and Public Service Association of South Australia Inc. (PSA);
• Media Entertainment and Arts Alliance (MEAA);
• Salaried public employees employed in an agency (or part of an agency) specified in clauses 1.3.3 and 1.3.4 and who have a classification specified within Schedule 1 - Parity Salaries.

1.3.3 Agencies

Agencies that are administrative units established pursuant to the Public Sector Management Act 1995, including:

• Attorney General’s Department (excluding the Public Trustee Office)
• Auditor General’s Department
• Department for Administrative and Information Services
• Department for Correctional Services
• Department for Education and Children’s Services
• Department for Environment and Heritage
• Department for Families and Communities
• Department of Further Education, Employment, Science and Technology
• Department of Health
• Department of Justice
• South Australian Police
• Department of the Premier and Cabinet
• Department of Primary Industries and Resources
• Department of Trade and Economic Development
• Department for Transport and Urban Planning
• Department of Treasury and Finance
• Department for Water, Land, Biodiversity and Conservation
• Emergency Services Administrative Unit
• Office of Economic Development
• Office of Zero Waste
• Environment Protection Authority
• Office of Venture Capital Board
• Any other administrative unit as may be established from time to time pursuant to the Public Sector Management Act 1995.

1.3.4 Other agencies

• Carclew Youth Arts Centre
• Country Fire Service
• Courts Administration Authority
• Dairy Authority
• History Trust of SA
• Hospitals and Health Centres incorporated under the South Australian Health Commission Act 1976
• Institute of Medical and Veterinary Science
• SA Country Arts Trust
• Senior Secondary Assessment Board of South Australia
• South Australian Housing Trust
• South Australian Tourism Commission
• State Electoral Office
• Land Management Corporation
• Legal Services Commission

1.3.5 This Award is not binding on persons appointed, employed, or holding a position:

• As Chief Executive, Chief Executive Officer or Executive, whether appointed pursuant to the Public Sector Management Act 1995 or not (except that this Agreement shall be binding on the CE, DAIS in the capacity as employer of public employees pursuant to the Industrial and Employee Relations Act);
• Subject to a contract (whether at common law or pursuant to statute) which specifies a salary at or above Executive Officer level 1 (unless the employee is employed in a position that has a classification specified in Schedule 1 - Parity Salaries);
• Subject to a contract (whether at common law or pursuant to statute) which contains a provision providing for a review of salary during the period of the contract;
• Subject to an Award or agreement pursuant to the Workplace Relations Act 1996 (Cth);
• Pursuant to the Police Act 1998 (including those persons whose appointment or employment is continued pursuant to that Act but excluding employees engaged pursuant to clause 29 of the Police Officers Award);
• Whose remuneration is fixed pursuant to the Remuneration Act, 1990;
• As an employee or officer employed under the provisions of the Electoral Act;
• As Aboriginal Education Workers whose employment is subject to the Aboriginal Education Workers (DETE) Interim Award;
• As Early Childhood Workers whose employment is subject to the Early Childhood Workers Award;
• As Hourly Paid Instructors;
• As Lecturer and Lecturer related employees whose employment is subject to the DETAFE (Educational Staff) Interim Award;
• As Managers Legal Services (Attorney-General’s Department/Crown Solicitor’s Office);
• As Ministerial Contract Employees;
• As Nurses;
• As Personal Assistants to Members of Parliament;
• As Officers of the Parliament of SA (including employees of the Joint Parliamentary Services Committee);
• As Salaried Medical Officers and Visiting Medical Specialists;
• As School Bus Drivers in the Department for Education and Children’s Services;
• As School Services Officers;
• As Statutory Office Holders;
• As Teachers (including teachers holding or employed in other positions where the teacher continues to be entitled to payment as a teacher);
• As Trainees employed by the Chief Executive, DAIS, under the National Training Wage Award or relevant South Australian Public Sector Award Training Wage Arrangements, or under a particular scheme which specifies the rate/s of pay applicable to trainees under the scheme;
• As a weekly paid employee covered by the SA Government Wages Parity (Weekly Paid) Enterprise Agreement 2004.