AN150140 – Social and Community Services Award

CLAUSE 1.4 SCOPE AND PERSONS BOUND
OPDATE 04:11:2005 on and from

1.4.1 Except as provided for in clause 1.4.2, this Award is binding on:

1.4.1.1 The industry of persons employed in or in connection with the industry of social and community services work (as defined) in the State of South Australia, whether employers or as employees and whether members of a registered association or not.

1.4.1.2 Salaried Lawyers employed by affiliates of the South Australian Council of Community Legal Services Incorporated in respect to the terms and conditions of their employment except for the following conditions of employment:

(a) minimum annual salaries,

(b) court attire

(c) expenses for membership of the Law Society of South Australia, professional indemnity insurance and practicing certificate as required pursuant to the provisions of the Legal Practitioners Act 1981, as amended, which will be in accordance with the Salaried Lawyers Award.

1.4.2 This Award will not be binding on those persons who are (described and listed below):-

(a) subject to another Award or who are subject to an Enterprise Agreement within the meaning of the Act, but only to the extent of any inconsistency;

(b) respondent to the Community Employment, Training and Support Services Award 1999, an Award of the Australian Industrial Relations Commission;

(c) employed in the South Australian public sector (within the meaning of the Public Sector Management Act 1995), or by any Board, Trust, Commission, Committee or other public or statutory authority appointed by the South Australian Government under the following Acts:

Public Sector Management Act 1995
South Australian Health Commission Act 1976
Children's Services Act 1985
Mental Health Act 1993
South Australian Housing Trust Act 1995
Public Intoxication Act 1984

or any other Acts which replace or amend them, or any other person employed in social and community services work who is otherwise subject to the control or direction of a Minister of the Crown in the right of the Government of South Australia;

(d) employed in services in which a local government authority is the employer;

(e) employed in supported accommodation funded under the Supported Accommodation Assistance Programme (SAAP);

(f) in any capacity which requires registration with the Teachers' Registration Board;

(g) subject to the provisions of 1.4.1.2, salaried lawyers covered by the scope of the Salaried Lawyers Award (Matter No. 560 of 1986);

(h) employed by the Spastic Centres of South Australia Incorporated and Novita Children’s Services Incorporated;

(i) employed in vocational, accommodation support, personal care, recreation, independent living training, respite care, information and print services for people with intellectual, physical, sensory or psychiatric disabilities where such services are provided in the private, social and community services industry (as defined herein);

(j) employed in facilities or homes established to provide nursing and or "personal care" (as defined in The Commonwealth of Australia Gazette 5/1/89 Aged or Disabled Persons Homes Act 1954) for aged persons, provided this exception will not apply to persons primarily engaged in social and community services work (as defined herein);

(k) employed as a Psychologist or Graduate Officer Psychology where such persons are not primarily engaged in social or community services work (as defined herein);

(l) employed as a Physiotherapy Aide, Speech Pathology Aide or Occupational Therapy Aide, Psychology Aide, Teacher Aide, Hydrotherapy Aide and other health related Aides where such persons are not primarily engaged in social and community services work (as defined herein);

(m) an employer who has made an application on the grounds of economic incapacity to pay and who has received an order from the Commission.

The merit of such application will be determined by the Commission in the light of the particular circumstances of the employer and any material thereto will be rigorously tested;

(n) employed in an administrative, financial, managerial or executive capacity which does not primarily involve service delivery and programme development.