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

APPENDIX A - SAVED CLAUSES
OPDATE 29:10:2004 on and from

APPENDIX A.1 DEPARTMENT FOR ADMINISTRATIVE AND INFORMATION SERVICES (EXCLUDING FORESTRY DIVISION)

For employees in Workplace Services Unit

Hours of Work

(as prescribed in the Department for Industrial Affairs Enterprise Bargaining Agreement 1997)

• Implementation of the following arrangement in respect of ordinary hours within the life of this agreement.
• The ordinary hours of work shall be an average of 37.5 hours per week with all work to be worked on a continuous basis (expect for meal breaks).
• All work performed between 8.00am and 7.00pm, Monday to Friday will be paid at ordinary time rate.
• Where an employee works their ordinary hours between 8.00am and 7.00pm on Saturday they will be paid at ordinary rates up to a maximum of six (6) Saturdays per annum, then the employee will, in addition to their ordinary rate of pay, be paid an allowance of 50 per centum for the time worked on each additional Saturday.
• Where an employee voluntarily works their ordinary hours on a Saturday there will be no limit on the number of Saturdays which can be worked at ordinary rates of pay.
• Except by mutual agreement between the employee concerned and the employer, employees will have two consecutive days off work in any one week.
• If an employee is required to work on a public holiday which falls on Saturday, the appropriate penalty will apply.
• Services to customers will be provided between the hours of 8.00am and 6.00pm, Monday to Friday.
• It shall be a feature of working under this Agreement that the development of flexible working arrangements and hours of work shall be made with appropriate consideration to business needs and the needs of employees, having particular regard to those employees with family responsibilities. Where there is a demonstrable operational need or organisational requirement, staff may be required to work outside ordinary hours of work as currently directed.
• Further consideration will be given to the following during the life of the Agreement;
• access to a nine day fortnight working arrangement; and
• the negotiation and implementation, by agreement, of a 48/52 week scheme.

APPENDIX A.2 - ATTORNEY GENERAL’S DEPARTMENT

Clause 7.5 Payment of Fees by Employer

The employer will pay any fees and charges necessary to enable an employee to practise the profession or occupation in which the employee is employed in the Department.

Without limiting the above, the employer will pay, for example -

• fees for practising certificates and other levies or charges required to be paid for practising law;
• charges imposed for continuing legal education forming a compulsory requirement for practising law;
• fees for registration required to be paid for practising as a conveyancer;
• fees for membership of an organisation that the employer requires the employee to join.

However, the employer is not liable to pay fees or charges incurred by the employee before entering employment with the employer.

8.2 Negotiation And Consultation On Measures

Negotiation and/or consultation on measures to improve productivity, efficiency and flexibility of the Department (including measures identified in Schedule 1) will commence and continue through the Single Bargaining Centre, the Single Bargaining Unit and the consultative committees as required.

8.3 The Chief Executive undertakes to keep employees informed of government policy issues (including service levels and resource allocation) falling outside the parameters of this Agreement that may affect the Attorney-General’s Department.

8.4 The parties recognise the role of management in managing the budget and identifying, and providing the means to implement, measures to improve productivity, efficiency and flexibility of the Department.

8.5 The parties recognise the role that employees play in achieving improved productivity, efficiency and flexibility and employees are encouraged to identify measures to improve productivity, efficiency and flexibility (including by identifying inefficiencies in expenditure of the Department).

8.6 Negotiation on measures to improve productivity, efficiency and flexibility of the Department will proceed with a view to achieving real and sustainable savings and benefits, while recognising appropriate industry benchmarks and achieving best practice.

8.7 Consultation about a proposal for a review or assessment of an area, practice or other matter will proceed (as early as possible) with the employees who may be affected by the proposal and relevant employee associations (within the meaning of the I&ER Act).

8.8 If proposed measures to improve productivity, efficiency and flexibility of the Department involve significant changes to work practices, structures or conditions (including changes involving reducing staff numbers), all affected employees and relevant employee associations (within the meaning of the I&ER Act) will be fully consulted before the measures are implemented.

8.9 Consultation involves the sharing of information and the exchange of views between employers and the persons or bodies that must be consulted and the genuine opportunity for them to contribute effectively to any decision-making process.

Consultation is to be done in good faith and not simply involve advising employees what will be done.

It is an accepted principle that effective workplace relationships can only be achieved if appropriate consultation between the industrial parties occurs on a regular basis.

Workplace change will be affect a significant number of employees should not be implement before appropriate consultation has occurred with employees and/or their representatives.

Employee representatives will be given the opportunity to adequately consult with the people they represent in the workplace, in relation to any proposed changes that may affect employees’ working conditions or the services employees provide.

8.10 These procedures are designed to achieve a joint commitment to, and consensus about, organisation change following full consultation before implementation of significant change.

8.11 If consensus cannot be reached about proposed changes to work practices, structures or conditions (including changes involving reducing staff numbers), the procedures for preventing and settling industrial disputes set out in this Agreement apply.

Carer’s Leave

Use of sick leave accruals

9.1 Five days of sick leave may be accessed as carer’s leave by an employee in respect of an absence from work due to the employee -

(a) caring for a sick or injured family member; or

(b) accompanying a family member to a medical, dental or other health related consultation.

9.2 A person will be regarded as a family member if, for example, the person is -

• a child of, or in the care of, the employee or of the employee’s spouse or putative spouse; or
• a spouse or putative spouse of the employee; or
• a parent or grandparent of the employee or the employee’s spouse or putative spouse; or
• a brother or sister of the employee; or
• a person who is a member of the employee’s household; or
• a person with whom the employee has a close personal relationship.

Step relationships should be treated in the same way as blood relationships.

9.3 Procedures for the taking of carer’s leave (including the provision of evidentiary certificates) will be similar to the procedures for the taking of ordinary sick leave.

9.4 Carer’s leave cannot be accessed by an employee employed in a casual position within the meaning of the PSM Act.

Relationship of Carer’s Leave with certain Special Leave with Pay

9.5 An employee is eligible for special leave with pay as set out in Commissioner’s Circular No. 49 (Re-issue No. 4) on the grounds set out in 5.2.2 and 5.2.13 of that Circular (as in force at 25 July 1994).

9.6 An employee is entitled to access such special leave with pay before having to access sick leave as carer’s leave.

Consequently, in determining whether to exercise discretion to grant special leave with pay on the grounds set out in that Circular, the Chief Executive (or his or her delegate) cannot take into account the eligibility of an employee to be granted sick leave (ie. as carer’s leave) on the same or similar grounds.

11. Process For Preventing And Settling Industrial Disputes

This clause applies specifically to disputes affecting employees in the Attorney General’s Department (excluding the Public Trustee’s Office). Disputes concerning public sector wide issues will be dealt with under clause 14 of the SA Government Wages Parity Enterprise Agreement.

Conciliation Process

11.1 The employer and employee must endeavour to resolve by conciliation any dispute (or a threatened, impending or probable dispute) about an industrial matter (within the meaning of the I&ER Act) in the following manner:

(a) the employee must be given an opportunity to nominate, from time to time, a person to represent the employee’s interest in the dispute and, if a person is nominated, that person must be allowed to take part in the conciliation process (together with, or in place of, the employee in accordance with the employee’s wishes;

(b) attempts to resolve the matter must commence as soon as reasonably practicable (and, whenever possible, within 24 hours of the dispute arising) by discussion between the employee and the person to whom the employee is immediately responsible or the person who carries the lowest level of responsibility appropriate to the nature of the dispute

(c) if the dispute remains unresolved -

• the employer may request that the dispute be referred to a person at a higher level of responsibility who must arrange a conference among the relevant parities for the purposes of endeavouring to resolve the dispute by agreement;
• the employer or employee may request that an attempt be made to resolve the matter through mediation (with the mediator being mutually agreed between the employer and employee);

(d) a conference at more than one level of higher responsibility may be held if the parties consider it appropriate in the circumstances (at which stage discussion may include a representative of the Department of the Premier and Cabinet, Human Resource Management);

(e) each stage in the conciliation process must proceed without delay and it is expected that -

• the employer will facilitate all parties being readily available at each stage; and
• as far as possible, the issues or matters in dispute (from the perspective of each party) will be aired and discussed openly at each stage, with a view to a fair and reasonable exchange of views in good faith.

Processes for preventing and settling a substantially similar dispute involving a number of employees should proceed simultaneously, with the employees or their representatives being heard together as a group.

Reference to Industrial Relations Commission

11.2 If the dispute remains unresolved or if the conciliation process does not proceed as agreed, the employer or employee may make an application under the I&ER Act to the Industrial Relation Commission of South Australia to resolve the dispute.

Continuation of work during dispute

11.3 Without prejudice to the employer or employee, the employee must (unless the employer agrees otherwise) continue during the conciliation process to undertake his or her usual duties in accordance with relevant awards and the working arrangements in place at the time the dispute first arises.

11.4 However, the employee need not continue to undertake duties on that basis to the extent that the matter involves a genuine occupational health or safety issue.

Non-derogation from PSM Act

11.5 Nothing in this clause derogates from the PSM Act (and, consequently, an employee’s right to appeal to the Promotion and Grievance Appeals Tribunal or Disciplinary Appeals Tribunal against a decision is preserved).

APPENDIX A.3 - DEPARTMENT FOR EDUCATION, TRAINING AND EMPLOYMENT

Family Carer's Leave

The parties agree that employees may access up to five working days paid sick leave entitlement (in addition to the existing three day special leave provisions) in any one year to provide support for a family member. The family member must be either a member of the employee’s household or a near relative of the employee as defined in the State Equal Opportunity Act, 1984.

This access is available if all of the following conditions are satisfied:

(a) Employee must have responsibility for the care of the family member.

(b) Employee must declare that the period of absence was necessary and unavoidable.

(c) Production of satisfactory evidence of sickness of the family member, if requested

in accordance with the department’s leave management policy.

Application of the above will be in accordance with the Family Carer's Leave Policy of the Department of Education, Training and Employment dated 2 July 1998.

Clause 13.2.3 DETAFE Enterprise Agreement 1996:

Clause 13.2.3 is saved into the Wages Parity Agreement on the understanding that it continues to apply to employees under the DETAFE Enterprise Agreement 1996. There is no intention to apply the benefits of this clause across the wider Department of Training, Education and Employment Portfolio agency.

“When the department requires professional development to be undertaken or the gaining of specific certification (or recognition of prior learning), fees for full time and part time employees will be waived if this is done through TAFE SA.”

APPENDIX A.4 - DEPARTMENT OF HUMAN SERVICES

Housing employees

1.1 The current flexi-time arrangements in discrete Housing areas will remain in place.

1.2 The conditions of employment for employees previously covered by the Housing, Urban Development and Local Government Relations Portfolio Agreement 1996 who are now party to this Agreement will be in accordance with the conditions of employment for Public Sector Management Act employees, except for income maintenance arrangements for those employees who:

• were covered by the South Australian Housing Trust/Public Service Association Industrial Agreement, and
• were identified specifically in the Housing, Urban Development & Local Government Relations Portfolio Enterprise Agreement (1996) at clause 15(24)(1),and
• are declared to be excess employees and are redeployed.
• Such employees will retain their translated classification level under this Agreement for salary purposes.

1.3 The provisions of 1.2 will not apply where an employee is promoted or transfers to another ongoing position at the employee’s request outside the Housing Trust.

2. FACS Enterprise Agreement

For employees previously covered by the Department for Family and Community Services Enterprise Agreement No. 2, the following provisions will be implemented during the life of the Agreement:

• a country service incentives scheme;
• on-call arrangements for country after hours call outs.

3. Incremental progression – Housing employees

Employees currently covered by the Housing, Urban Development and Local Government Relations Portfolio State Enterprise Agreement 1996 (Housing Agreement), will maintain their existing increment dates when translating from the HUD salary structure to the Public Sector Salaried Employees Interim Award salary structure.

An employee on the top increment point of a HUD classification will not be considered to have an increment date at the time transfer. If such an employee translates to a classification that has an increased incremental range, they will progress to the next increment twelve months from the date of translation (1/4/98).

APPENDIX A.5 - DEPARTMENT FOR ENVIRONMENT, HERITAGE AND ABORIGINAL AFFAIRS

8.4.5. “Family friendly” policies

Under terms of reference developed in consultation with the SBC:

(a) investigate the possible introduction of 48/52 leave provisions;

(c) investigate and develop a DEHAA policy for home-based work arrangements, including definitions of “home” and appropriate OHS&W policies and practices to ensure the safety and welfare of employees so engaged.

APPENDIX A.6 – DEPARTMENT OF THE PREMIER AND CABINET

Office for the Commissioner for Public Employment
Clause 8 - Family Carer's Leave

8.1 The parties agree that employees may access the following leave in any one financial year to care for a person who is wholly or substantially dependent on the employee for ongoing care, support and attention:

• up to 3 days special leave with pay; and
• up to 5 days of their normal sick leave entitlements.

8.2 The taking of this leave will be subject to the employee producing reasonable evidence of the illness of the person, or of other reasons for leave if requested.

Clause 9.1 - Performance Management

Performance Management in the OCPE spans a one year period of performance assessment, though the individual is encouraged to place this period in a longer term context (developmentally and career-wise).

The system revolves around a series of steps during which staff develop Performance Management and Development Agreements with the Team Director, seek feedback and coaching throughout the year, and are finally assessed against the Agreement (at the conclusion of each financial year).

The Office’s performance management system is based upon continual improvement, which includes ongoing monitoring and with annual revision when staff have their Performance Management and Development Agreements reviewed. This is augmented with training and development designed to introduce and/or refresh the knowledge and skills of staff in relation to performance management.

Since the initial trial year in 1995-96, the Office’s staff have reviewed their performance and development through Agreements during the 1996-97 year and are now in the process of developing new Agreements for 1997-98. Performance Management and Development Agreements form a fundamental measure of how successfully the Office is realising its outputs at the individual level. The system has significantly evolved to embrace the current strategic plan’s focus on outputs and longer-term outcomes for the year 2000.

Leading from the recent development of the 1997-2000 Strategic Plan for the Office, Core Capabilities (which embrace how staff achieve their individual outputs, reflecting the Office’s corporate values) have been identified, against which staff will be measured as part of the review of their Performance Management and Development Agreements.

To complement management in the Office, and maximise the effectiveness of the training and development dollar, a Training and Development Database has been developed to record the activities undertaken by all staff. This information facilitates effective sharing of knowledge and skills gained through the considerable amount of staff development which occurs throughout the Office. The Database is also a tool for ensuring that commitments made in relation to training and development in an individual’s Performance Management and Development Agreement are fulfilled effectively.

Clause 9.2 - Relationship Agreements

Relationship Agreements are reengineering the manner in which the Office for the Commissioner for Public Employment interacts with client agencies and is generating a more proactive strategic management focus in line with our three year plan.

Having a strategy that targets defined customers and which has been derived from understanding their needs is critical in providing value added service and leading customers to perceive that the Office for the Commissioner for Public Employment can out-service our competitors. That strategy, which our Office has adopted, has helped in developing the initial relationship agreement with DENR which articulates the eight Key Result Areas, identifies the services provided by this Office and the manner in which those services will assist the agency in achieving its corporate goals over the life of the Agreement.

Relationship Agreements will require staff in this office to broaden their horizons beyond the job they are currently undertaking to include the monitoring that will be necessary in servicing agencies with which we have Relationship Agreements. This will necessitate a broadening of an officer’s understanding of the full range of services provided by this office, including legislative factors and recording their interaction with the agency. The recording aspect is related to data gathering to gauge the extent and frequency of services provide by this office.

From the OCPE perspective, it will mean that more staff will have an intimate knowledge of how agencies are functioning, the types of areas where our services feature more predominantly and the workload in dealing with agency issues will be spread over a larger work group. This will require a transfer of knowledge across the office and will result in more equitable and efficient use of resources.

Relationship agreements will also impact on teams in that there will be a greater requirement for across team activities and for staff not to be locked into their particular work group/team.

The productivity from the Office for the Commissioner for Public Employment will be enhanced by the fact that more staff will be capable of being linked into the management of Relationship Agreements and that client agencies will have a single point of contact within this office rather than the range of contacts that are currently present.

Clause 9.10 - Continued Office Restructuring

In meeting the objectives of the three year Strategic Plan and the yearly outputs in a time of a net reduction in positions it is essential to maintain maximum flexibility within the office.

Accordingly, the agreement includes the ability to transfer staff and positions between teams to meet workload peaks either on a temporary or permanent basis.

Over the course of the agreement, the number of teams, and their composition will be reviewed.

Within and across teams individual staff members will shadow other positions to ensure coverage of functions and roles during absences. These responsibilities will be included in each person’s performance management agreement.

Clause 9.11 - Flexitime Arrangements

The SBC has conducted a two period survey of flexitime focusing particularly on hours been carried over.

There is a widespread issue across the Office that many staff were consistently working additional hours not recognised by the recording system which allows a carry over of only ten hours per period.

The survey confirmed that a significant number of staff worked in excess of the ten hours carry over amount.

During the course of the agreement the SBC will further monitor flexitime hours carry over and other related issues in order to formulate some solutions to the issue.

APPENDIX A.7 - DEPARTMENT OF PRIMARY INDUSTRIES AND RESOURCES

Clause 10 Employment Conditions

The parties agree that the following conditions of employment will apply during the life of this agreement:

• Management will support, where practicable, part-time employment and job sharing opportunities
• Standard hours of duty remain at 37.5 (or 38 as appropriate) or 38 for weekly paid staff but may be worked between 6 am and 7 pm by arrangement with management. (Except where other arrangements have been appropriately approved).
• Special leave with pay entitlements as defined in Commissioners Circular 49 (other than Jury, Military Training and Emergency Services Training and Service Calls) will be combined under one heading with an annual availability of 5 days for all personal interest matters in accordance with commitments given during the certification of the PIRSA agreement. The definition of personal interest which entitles an employee to utilise the above provision will include time to consult with educational authorities in respect of primary and secondary students who are living away from home while studying or for dealing with issues such as superannuation, preparation of wills, obtaining legal services where such services are not reasonably available in the employees home region.
• Leave without pay being granted for no longer than 12 months except for consecutive periods of maternity/paternity and adoption leave, for employment elsewhere in the public sector or at the discretion of the Chief Executive.

Fixed Term Contracts

A number of staff at SARDI are employed under contracts which specify that they are employed for a fixed term. The employment of such staff members terminates at the end of the fixed term of their contracts unless they are offered and accept a further contract of employment with SARDI. Where the contract of such staff members expires, and where such staff members have been employed for a continuous period of 5 years or more, they will be offered a further period of employment subject to the following conditions:

• SARDI is not able to make available a further fixed term contract either because a project has been completed or because a lack of further industry funds has precluded further work on the project; and
• the staff member has not succeeded in winning a new position on the basis of merit;
• the staff member in question has demonstrated a satisfactory work performance;
• the offer of a further contract of employment will be for a minimum period of 3 months and for a maximum period of 12 months.
• although SARDI is unable to predict the terms on which any such offer will be made prior to the offering of any such further contract of employment, SARDI anticipates that any such offer is likely to include terms and conditions such as location at which the work will be offered.
• an offer of a further contract of employment in accordance with this clause will be made to the staff member concerned approximately 6 weeks prior to the expiry of the staff member’s fixed term of employment.

Time in Lieu of Overtime

The parties agree that approved additional hours worked involved with meeting seasonal work demands or work required for completion of projects or experiments may be managed by the use of time off in lieu (TIL) of payment for overtime hours worked.

In respect to the operation of TIL in SARDI the parties agree that where an employee has elected to access TIL and not overtime payment:

• each employee eligible for overtime payments for approved additional hours worked as defined in Commissioners Determination No. 1, may accumulate a balance of up to 100 hours TIL.
• Balances of TIL are to be taken as soon as practicable following the accumulation of overtime hours, and not more than seven months after the time was accumulated.
• Local managers must approve all hours recorded as TIL and be responsible for management of records of TIL balances and ensure that all employees are treated equitably and fairly in regard to accumulation of hours and take out of accumulated time.
• Where an employee cannot access TIL balances because of operational demands a local manager may present a case to the relevant delegate that the outstanding balance be paid at normal rates of pay.

Employees in receipt of a specific allowance or loading for out of hours work are not eligible for the accumulation of TOIL under the conditions described above.

APPENDIX A.8 - DEPARTMENT FOR TRANSPORT, URBAN PLANNING AND THE ARTS

State Aboriginal Affairs Division Agreement

8.4.12 Cultural Leave

For the purpose of this paragraph:-

• an Aboriginal is a person who identifies as such and is regarded as an Aboriginal person by the Aboriginal Community.

NAIDOC Week shall mean the week in which the National Aboriginal days fall as determined by the National Aboriginal and Islander Day Observance Committee (NAIDOC).

(a) Ceremonial Leave

Ceremonial Leave without pay may be granted with approval of the Chief Executive, to an employee of Aboriginal descent for ceremonial purposes:

• connected with the death of a member of the family; or
• for other ceremonial obligations under Aboriginal law.

The maximum period of ceremonial leave shall be 10 working days in a calendar year.

Ceremonial leave granted is in addition to other leave to which an employee is entitled and does not count for days of service for any purpose.

(b) NAIDOC Week

Upon application by an Aboriginal or Torres Strait Islander employee, the Chief Executive may approve time off without loss of pay for attendance at official celebrations and activities that occur during that week. The maximum time available to attend such functions shall be 10 hours in a calendar year.

Transport SA

Department for Transport, Urban Planning and the Arts (Transport SA) (State) Enterprise Bargaining Agreement, 1997

Clause 19 - Local Work Flexibility Changes

Voting on any issue or change which affects a limited number of employees shall be restricted to the affected employees. The criteria that will be used in assessing the desirability of proposed changes will include:

• the impact on quality of life
• family responsibilities
• efficiency, productivity and quality
• financial impact on employees

Planning SA

Housing, Urban Development and Local Government Relations Portfolio Enterprise
Agreement, 1996

Clause 15(21) Hours of Work

a) The parties agree that the ordinary hours of duty of each employee in the Portfolio shall be 37.5 hours per week, to be worked on any day (not being a Sunday or a public holiday) between 7.30 and 9.00 p.m.

b) A minimum meal break period of 30 minutes will be taken after working for a continuous period of five hours and such period will not be included in the ordinary hours of duty.

c) Where necessary or desirable, the employing authority may approve in respect of any class/group of employees, specific hours of duty to be worked either within or outside the hours set out in a) above. When such other hours of duty are approved they will become the ordinary hours of duty of that class/group of employees providing that the ordinary hours of duty equal 37.5 hours per week.

The Office of the Passenger Transport Board

The Office of the Passenger Transport Board Enterprise Bargaining Agreement, 1996

Clause 13.1 Flexitime system

Implement changes to the flexitime system to allow staff:

13.1.1 to work up to 10 hours between 7.00 am and 7.00 p.m., Monday to Friday within guidelines to be developed;

13.1.2 amend limits regarding the number of flexi days that can be taken at once; and

13.1.3 to work from home within guidelines set by the Government of South Australia.

Clause 13.9 Absenteeism and Peak Workloads

Improve procedures to cover absenteeism, peak workloads and troughs by:

13.9.1 reviewing the activities contracted out;

13.9.2 more flexible distribution of work amongst the available staff;

13.9.3 reviewing temporary staffing procedures;

13.9.4 reviewing the use of overtime for peak workloads; and

13.9.5 reallocating responsibilities and workloads to ensure a better balance between staff.

APPENDIX A.9 - DEPARTMENT OF TREASURY AND FINANCE

Flexible Working Hours and Overtime

Except as detailed below, the current guidelines relating to the recording and management of flexitime, as provided in Commissioner’s Circular No.34 will continue to apply.

The bandwidth within Treasury and Finance will be 7.00am to 7.00pm.

Working arrangements within these hours will be negotiated between staff and branch managers, recognising that current Government policy is to ensure provision of a quality client service between the hours of 8.00am and 6.00pm.

Core Time

14.11 The term ‘core time’ refers to the timeframe within which all staff rostered for work on a particular day will normally be present.

The core time will remain as 10.00am to 4.00pm.

Hours Worked

14.12 Management and recording of flexitime will continue to be over existing ‘4 week accounting periods’, with the number of hours normally expected of any officer over that period remaining at 150.

Credit Hours

14.13 The number of credit hours able to be carried forward to the next accounting period will increase to 20 hours.

Debit Hours
14.14 The number of debit hours able to be carried forward to the next accounting period will remain at 10 hours.

Time Off

14.15 Within each 4 week period, the amount of time able to be taken off by any officer will increase to 2 days (ie. 2 full days, or 4 half days, or a combination thereof).

Officers wishing to utilise the time off provisions must make relevant arrangements in advance with their manager, and final approval remains the discretion of management.

Overtime

14.16 Except as detailed below, the provisions of Commissioner’s Determination No.1 will continue to apply.

Overtime Reduction

14.17 Branch Managers are to adopt staffing practices aimed at achieving a 50% reduction target in relation to paid overtime, and it is anticipated that the more flexible working hours outlined above will assist in that process.

Time Off in Lieu

14.18 Whilst retaining the right of Branch Managers to approve paid overtime in special circumstances, it has been agreed that all staff will work towards time off in lieu as the future norm within Treasury and Finance.

Special Arrangements

In addition to the above arrangement, EMG has agreed that the Under Treasurer may authorise any additional flexible working arrangements on a one off basis to meet special circumstances.

Leave Loading

As a result of the Enterprise Bargaining consultation process employees eligible for the payment of Leave Loading in accordance with the South Australian Public Service (Leave Loading) award will have the option of either

(a) retaining their entitlement to payment of leave loading, or

(b) electing an entitlement to an additional 2 days recreation leave (pro rata for part-time employees) in lieu of the payment of leave loading.

APPENDIX A.10 - COURTS ADMINISTRATION AUTHORITY

The Authority will continue to increase opportunities for employees to work in a way that suits their professional and personal roles. It will continue to support and investigate flexible working hours (including flexitime arrangements), job share and permanent part-time arrangements. As well as sick leave, working from home, child care, retention of employment status and staggered working hours (including staggered work team hours).

APPENDIX A.11 - SOUTH AUSTRALIAN TOURISM COMMISSION

14.18.1 Flexitime

• For employees who are required to maintain working contact outside normal hours 7.00am is the earliest permissible starting time and 7.00pm the latest permissible finishing time.

14.18.2 TOIL

• If accumulated TOIL (maximum 5 days) can not be taken at organisational convenience then it can be paid out at the end of each quarter.

14.18.3 Annual Leave

• Employees are granted 12.5 hours recreation leave for each completed month of service. A pro-rata adjustment is made for part-time employees. Employees may take annual leave in advance at their manager’s discretion.

APPENDIX A.12 - SENIOR SECONDARY ASSESSMENT BOARD OF SOUTH AUSTRALIA

Clause 8.1 - Employment Conditions Manual

The working conditions of SSABSA employees are agreed as those which are listed in the index of the SSABSA Employment Conditions Manual and which are amended from time to time. Further work on the SSABSA Employment Conditions Manual which will consolidate all personnel policies for the organisation will be undertaken in the life of the agreement.

Clause 8.2 - Flexitime

The parties agree that the following flexitime arrangements will operate at SSABSA for the life of this agreement.

8.2.1 Standard hours are 37.5 per week, Monday to Friday inclusive. The specific hours are defined by the Board.

8.2.2 The Chief Executive can adopt a flexible working hours system. However the use of flexible working hours is a privilege which can be withdrawn. The efficiency of the administrative unit and service delivery should be the prime consideration in administering the scheme.

8.2.3 Under the system, employees must be on duty during core time and must accumulate, within a given period, the total number of hours they are required to work. Outside the core time, they may arrange their starting and finishing times within the bandwidth hours to suit their personal requirements, subject of course to the needs of the administrative unit.

8.2.4 Within 5 hours of commencing duty an employee must have a break of at least 30 minutes. Breaks of longer than one hour are subject to the needs of the administrative unit and need prior approval.

8.2.5 Coretime

The time between the latest allowable start time and the earliest allowable finish time be from 10.00am to 4.00pm.

8.2.6 Bandwidth

The time between the earliest allowable start time and the latest allowable finish time be from 8.00am to 7.00pm for the period February to September (inclusive) and from 8.00am to 8.00pm for the period October to January inclusive.

8.2.7 Carryover of Debit or Credit Hours

Employees are allowed to carry over a debit or credit of hours worked into the next period to a maximum of 10 hours. For the period October to January inclusive, an additional 30 credit hours may be carried over.

Any accumulated hours over the 10 hour limit accumulated during the period October to January inclusive are available for staff use up to the end of the first semester school holidays.

8.2.8 Medical/Dental Appointments

Absences for medical and dental appointments are not to be recorded as time worked. Sick leave for such appointments is only available if the doctor or dentist certifies the employee was unfit to work for that time.

8.2.9 Maximum Hours

February to September the maximum hours that can be worked in any one day is 10 and the maximum for any one week is 45. October to January inclusive the maximum hours that can be worked in any one day is 11 and the maximum for any one week is 49.

If an employee accumulates sufficient time he/she may, at the convenience of the unit, take off a maximum of two full days or four half days per four week period. In special circumstances, employees can go into debit by taking time off. Employees wishing to be absent for a half day or a full day must seek prior approval.

Clause 8.3 – Overtime

Overtime arrangements for SSABSA employees will be described in Clause B9 of the Public Sector Salaried Employees Interim Award with the following exceptions.

8.3.1 Overtime for those eligible and who work in excess of 8.0 hours with prior approval will be paid.

8.3.2 Time in lieu as an alternative will only be granted at the discretion of the Manager prior to the overtime being worked.

8.3.3 The first three hours worked on a weekend irrespective of when the time is worked will be at time and a half.

8.3.4 Overtime in excess of three hours and worked over a weekend irrespective of when worked will be at double time.

APPENDIX A.13 - STATE EMERGENCY SERVICE

Schedule 3 Penalty Loadings

Training And Development Officers And Divisional Officers

On Call Allowance, as per Commissioner’s Determination No. 8

13.1% PENALTY FOR IRREGULAR HOURS AND WEEKEND WORK

The Hours of Duty and Overtime conditions for these Officers shall be:

1. The ordinary hours of duty of an officer shall be an average of 150 per four week period worked irregularly over 7 days including public holidays, as determined by the employer, provided that:-

(a) unless otherwise agreed between the employer and the officer, an officer shall not work more than 20 days in a four week period;

(b) no officer shall work more than 10 consecutive says without a break;

(c) an officer shall be entitled to at least 8 consecutive hours break between the finish of one duty period and the commencement of the next duty period unless agreed between the employer and the officer;

(d) where an officer is required to work an average more than 37.5 hours per week, (other than overtime as provided for in point (c) such excess hours should, where possible, be taken off within the four week period in which they accrue, or during the following four-week period;

(e) where an officer rostered off duty is recalled to duty to attend an emergency, such officer shall be paid overtime as prescribed in Commissioner’s Determination No. 1;

(f) the Time Off in Lieu of Overtime provisions contained in Commissioner’s Determination No. 1 shall apply.

2. An officer shall be rostered to work on approximately half the public holidays and weekends occurring in a year.

3. An allowance of 13.1% of annual salary shall be paid to officers as compensation for working irregular hours and for working on weekends and public holidays as part of their ordinary hours. This allowance is not payable whilst an officer is on recreation leave, long service leave, full time study leave and block release for study purposes.

Deputy Director

On Call Allowance, as per Commissioner’s Determination No. 8.

10.1% penalty for additional hours and weekend work.

An allowance of 10.1% of annual salary shall be paid to the Deputy Director in recognition for working irregular additional hours and for working on weekends. This allowance is not payable whilst the officer is on recreation leave, long service leave, full time study leave and block release for study purposes.

APPENDIX A.14 - COUNTRY FIRE SERVICE

Clause 7.2.3 Generic Positions and Classification Structure

Develop and implement generic position information documents for roles, linked to performance agreements containing specific objectives and standards and explore classification within a generic classification structure to increase flexibility, structural efficiency, equity, teamwork and multiskilling and achieve savings from reduced administrative costs, reduced time for EWP involvement in PIDs endorsement, review of PIDs and processing of vacancies.

Measurable Outcomes	By When
Review roles and PIDs required to meet strategic plan	31 Mar ‘98
Develop and implement generic PIDs to reflect service requirements linked to the strategic plan.	31 Aug ‘98
Establish a joint working party to investigate the possible introduction of a single stream classification and remuneration structure for all employees covered by the Agreement.	31 Dec ‘98
Report of feasibility	On expiration of this Agreement

Clause 7.5.2 OCO Allowance

Investigate the payment of an allowance to Operations Centre Officers in lieu of shift penalties.

Measurable Outcomes	By When
Review	30 Jun ‘98

Clause 7.1.3 Integrated Operational and Administrative Management System

Implement an integrated operational and administrative management system to better manage CFS resources during operational incidents and on an ongoing basis.

Measurable Outcomes	By When
Specify system requirements	28 Feb ‘98
Evaluation systems	31 May ‘98
Implement system	31 Oct ‘98
Post Implementation Review	31 Mar ‘99

Schedule 2

Country Fire Service - Staff Terms And Conditions

Please refer to conditions as outlined in the Country Fire Service Staff Terms And Conditions Clause 3 - Arrangement. All affected employees will receive a copy of this document. Any other employees wishing to view a copy of this agreement should contact 8463 4084 to request a copy.

APPENDIX A.15 - CARCLEW YOUTH ARTS CENTRE

Clause 19. Conditions of Employment

19.1 The parties to this Enterprise Agreement hereby acknowledge their terms and conditions of employment to the extent to which they are the same as those specified in the Commissioner for Public Employment PSM Act Determinations, Directions, Circulars, Guidelines, as amended from time to time, except for the following:

19.1.1 Hours of Duty

All conditions associated with hours of duty will be described in PSM Act Determination 11 with the exception of:

Ordinary hours of duty will be 37.5 hours per week, or 75 hours over a two week period, to be worked between the hours of 8am and 11pm Monday to Friday.

APPENDIX A.16 - COUNTRY ARTS TRUST

Clause 20. Conditions of Employment

20.1 The parties to this Enterprise Agreement hereby acknowledge their terms and conditions of employment to the extent to which they are appropriate are the same as those specified in the Commissioner for Public Employment PSM Act Determinations, Directions, Circulars, Guidelines, as amended from time to time, except for the following:

20.1.1 Hours of Duty

All conditions associated with hours of duty will be described in PSM Act Determination No. 11 with the exception of:

Ordinary hours of duty will be 38 hours per week, or 76 hours over a two week period, between the hours of 8am and 11pm Monday to Saturday.

APPENDIX A.17 – DAIRY AUTHORITY OF SOUTH AUSTRALIA

Initiatives will continue to be introduced in accordance with the Authority’s Corporate Plan 2001-2002 and supplement Human Resource Development Plan for the Dairy Authority of South Australia 2001-2002, to improve the efficiency and effectiveness of the service and provide quality services to clients.

During the term of this Enterprise Agreement, the parties agree to develop and introduce, but are not limited to, the following:

• Legislative Review

Implementing and Administering any changes to the Dairy Industry Act 1992 that will arise from the current reviews of the legislation. This is to incorporate the efficient transition to any legislative change introduced by the SA government

APPENDIX A.18 – LEGAL SERVICES COMMISSION

4 RELATIONSHIP OF AGREEMENT TO CONDITIONS OF EMPLOYMENT AND MEMORANDUM OF UNDERSTANDING

Conditions of Employment

4.1 This Agreement shall be read and interpreted wholly in conjunction with:

(a) the terms and conditions of

(b) the terms and conditions contained in the SA Public Sector Salaried Employees Interim Award; and

(c) those terms and conditions which are set out in the Circulars and Determinations and PSM Act Directions and Guidelines as issued from time to time by the Commissioner which shall during the term of this Agreement be reviewed by the parties so as to determine their applicability to the Commission and its employees.

4.2 Where the Commission's terms and conditions of employment exceed those provisions which operate by virtue of 4.1 (b) or (c) the Commission's terms and conditions shall apply.

Payment of fees by employer

7.4 The Commission will pay any fees or charges necessary to enable an employee to practise the profession or occupation in which the employee is employed in the Commission.

Without limiting the above, the Commission will pay, for example –

• fees for practising certificates and other levies or charges required to be paid for practising law within the Commission;
• charges imposed for continuing legal education forming a compulsory requirement for practising law within the Commission;
• fees for registration required to be paid for practising as a conveyancer;
• fees for membership of an organisation that the Commission requires the employee to join.

However, the Commission is not liable to pay fees or charges incurred by the employee before entering employment with the employer.

9 WORKLIFE FLEXIBILITY

Voluntary Flexible Working Arrangements

9.1.1 Subject to detailed policies and procedures being agreed by staff and by the Commission, the Director will consider a employee’s request to participate in a Voluntary Flexible Working Arrangement having regard to both the operational needs of the Commission or a particular workplace, and the employee’s circumstances.

12. WORKPLACE FLEXIBILITY

.1 Subject to detailed policies and procedures being agreed by staff and by the Commission, the Director may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities).

APPENDIX A.19 – LAND MANAGEMENT CORPORATION

Paid maternity leave and paid adoption leave (clause 22.2 of rescinded LMC Agreement 2003)

An employee who is granted maternity leave or adoption leave that commences on or after 2 October 2001 will be entitled to the provisions of this clause.

Subject to this clause, an employee, other than a casual employee, who has completed 12 months continuous service immediately prior to the birth of the child, is entitled to six weeks paid maternity leave.

Subject to this clause, an employee, other than a casual employee, who has completed 12 months of continuous service before taking custody of an adopted child is entitled to six weeks paid adoption leave.

The following conditions apply to an employee applying for paid maternity leave or paid adoption leave:

(a) The total of paid and unpaid maternity/adoption/parental/special leave is not to exceed 104 calendar weeks in relation to the employee’s child. For the purposes of this clause, child includes children of a multiple birth/adoption.

(b) An employee will be entitled to six weeks leave, paid at the employee’s ordinary rate of pay (excluding allowances, penalties or other additional payments) from the date maternity/adoption leave commences. The paid maternity/adoption leave is not to be extended by public holidays, rostered days off, programmed days off or any other leave falling within the period of paid leave.

Part-time employees will have the same entitlements as full time employees, but paid on a pro-rata basis according to the average number of contracted hours during the immediately preceding 12 months (disregarding any periods of leave).

During periods of paid or unpaid maternity leave, sick leave with pay will not be granted for a normal period of absence for confinement. However, any illness arising from the incidence of the pregnancy may be covered by sick leave to the extent available, subject to the usual provisions relating to production of a medical certificate and the medical certificate indicates that the illness has arisen from the pregnancy.