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

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

CLAUSE 1.5 DEFINITIONS
OPDATE 29:10:2004 on and from

1.5.1 In this Award, an expression shall (unless a contrary intention appears) have the same meaning as in the relevant award or agreement referred to in clause 1.5.2, provided that unless a contrary intention appears:

Act

Means the Fair Work Act 1994

Administrative unit

Means an administrative unit established under the Public Sector Management Act 1995 and includes an administrative unit established while this Award remains in force;

Agency

Means an agency referred to in clauses 1.3.3 and 1.3.4;

Approval

Means approval by the Industrial Relations Commission of South Australia;

Association

Means an association party to this Award;

CE, DAIS

Means the Chief Executive of the Department for Administrative and Information Services, delegate thereof, or person holding or acting in that position, or such other person as may from time to time be declared to be the employer of public employees for the purposes of the Act;

Chief Executive

Means the person who is the principal administrative officer within the named agency, or delegate thereof;

Commission

Means the Industrial Relations Commission of South Australia;

CPE

Means the Commissioner for Public Employment, delegate thereof, or person holding or acting in the position of Commissioner for Public Employment;

Employer

Means the applicable employer bound by this Award, or delegate thereof;

Employee

Means an employee bound by this Award;

Employee representative

Includes an association, as defined above;

Enterprise Agreement (expired)

Means each or any of the: South Australian Government Wages Parity Enterprise Agreement 2001; South Australian Government Wages Parity Enterprise Agreement 1999; Country Arts SA Enterprise Agreement, No. 3 (expired 1/10/01); Carclew Youth Arts Centre Enterprise Agreement, No. 3 (expired 1/10/01); the Dairy Authority of South Australia Enterprise Agreement 1999 (expired 1/12/01); the Land Management Corporation Enterprise Agreement 2003 (expired 22/11/03); and the Legal Services Commission of South Australia Enterprise Agreement 2002 (expired 13/6/04);

1996 Memorandum Of Understanding and MOU

Means the document titled “Memorandum Of Understanding” made as between the Government and public sector unions (including the associations) on 20 December 1996;

Particular agency

Means the agency or entity specifically referred to in the relevant clause;

Party

Means the persons, entities and associations referred to in clause 1.3.2;

This Award

Means the SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004;

Training Package

Means a training package endorsed as such by the National Training Quality Council and placed on the National Training Information Service (eg. Public Services Training Package; the Community Services Training Package; and the Health Industry Training Package);

Voluntary Flexible Working Arrangement and VFWA

Means a working arrangement of a type dealt with in PSM Act Determination 5 and made available by a Chief Executive to the agency or to a workplace or group of employees within the agency;

Weekly paid employee

Means an employee covered by the SA Government Wages Parity (Weekly Paid) Enterprise Agreement 2004, and includes an employee whose rate of pay is specified in the applicable award or industrial instrument as a weekly rate.

1.5.2 Subject to this clause, this Award will be read and interpreted in conjunction with the following:

Dental Officers Agreement (unregistered: dated 1980);
Grant Funded Scientists (unregistered agreement: APESMA dated 2001)
Medical Scientists (South Australian Public Sector) Award;
Public Service (Recreation Leave Loading) Award;
South Australian Public Sector Salaried Employees Interim Award; and
Visiting Dental Staff Agreement (unregistered: dated 1980).

1.5.3 A clause in this Award will prevail over any provision in an applicable Award or agreement referred to in clause 1.5.2 to the extent of any inconsistency.

*Act*	Means the Fair Work Act 1994
Administrative unit	Means an administrative unit established under the Public Sector Management Act 1995 and includes an administrative unit established while this Award remains in force;
*Agency*	Means an agency referred to in clauses 1.3.3 and 1.3.4;
*Approval*	Means approval by the Industrial Relations Commission of South Australia;
*Association*	Means an association party to this Award;
*CE, DAIS*	Means the Chief Executive of the Department for Administrative and Information Services, delegate thereof, or person holding or acting in that position, or such other person as may from time to time be declared to be the employer of public employees for the purposes of the Act;
*Chief Executive*	Means the person who is the principal administrative officer within the named agency, or delegate thereof;
*Commission*	Means the Industrial Relations Commission of South Australia;
*CPE*	Means the Commissioner for Public Employment, delegate thereof, or person holding or acting in the position of Commissioner for Public Employment;
*Employer*	Means the applicable employer bound by this Award, or delegate thereof;
*Employee*	Means an employee bound by this Award;
*Employee representative*	Includes an association, as defined above;
*Enterprise Agreement (expired)*	Means each or any of the: South Australian Government Wages Parity Enterprise Agreement 2001; South Australian Government Wages Parity Enterprise Agreement 1999; Country Arts SA Enterprise Agreement, No. 3 (expired 1/10/01); Carclew Youth Arts Centre Enterprise Agreement, No. 3 (expired 1/10/01); the Dairy Authority of South Australia Enterprise Agreement 1999 (expired 1/12/01); the Land Management Corporation Enterprise Agreement 2003 (expired 22/11/03); and the Legal Services Commission of South Australia Enterprise Agreement 2002 (expired 13/6/04);
*1996 Memorandum Of Understanding* and MOU	Means the document titled “Memorandum Of Understanding” made as between the Government and public sector unions (including the associations) on 20 December 1996;
*Particular agency*	Means the agency or entity specifically referred to in the relevant clause;
*Party*	Means the persons, entities and associations referred to in clause 1.3.2;
*This Award*	Means the SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004;
*Training Package*	Means a training package endorsed as such by the National Training Quality Council and placed on the National Training Information Service (eg. Public Services Training Package; the Community Services Training Package; and the Health Industry Training Package);
*Voluntary Flexible Working Arrangement* and VFWA	Means a working arrangement of a type dealt with in PSM Act Determination 5 and made available by a Chief Executive to the agency or to a workplace or group of employees within the agency;
*Weekly paid employee*	Means an employee covered by the SA Government Wages Parity (Weekly Paid) Enterprise Agreement 2004, and includes an employee whose rate of pay is specified in the applicable award or industrial instrument as a weekly rate.