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Public Sector Management (Extension to Specified Class of
Public Sector Employees) Proclamation 2005
under section 71 of the Public Sector Management Act 1995
This proclamation may be cited as the Public Sector Management
(Extension to Specified Class of Public Sector Employees) Proclamation
2005.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Act means the Public Sector Management
Act 1995;
relevant clauses means clauses 8, 9, 10, 11, 12 and 13 of
Schedule 2 of the Act;
specified class—the specified class is constituted by
public sector employees covered by—
(a) the South Australian Metropolitan Fire Service Technical and
Building Trades Enterprise Agreement 2003 (or its successor); or
(b) the South Australian Metropolitan Fire Service Engineering Workshop
Employees Enterprise Agreement 2003 (or its successor).
4—Extension of operation of
certain provisions
The operation of the relevant clauses is extended to employees in the
specified class, subject to the modifications specified in
clause 5.
5—Modification
of relevant clauses
For the purposes of applying the relevant clauses to employees in the
specified class—
(a) clause 8 of Schedule 2 of the Act is to be read as if the following
subclause were inserted after subclause (1):
(1a) The following provisions apply in relation to a public sector
employee covered by the South Australian Metropolitan Fire Service Technical
and Building Trades Enterprise Agreement 2003 (or its successor) or the
South Australian Metropolitan Fire Service Engineering Workshop Employees
Enterprise Agreement 2003 (or its successor):
(a) if, immediately prior to the commencement of this subclause, the
employee was entitled to any long service leave under the Long Service Leave
Act 1987, that long service leave entitlement will be taken to be the
employee's accrued long service leave entitlement under this clause;
(b) however, despite paragraph (a)—
(i) if the 16th year of effective service, or a subsequent year of
effective service, commenced prior to 1 January 2002 but ended on or after that
date, the employee is, in respect of that year, entitled (instead of the amount
to which he or she would otherwise be entitled under paragraph (a)) to an
amount determined in accordance with the following formula:
where—
E is the number of days' leave to which the employee is
entitled (any remaining fraction of half or more of one day being regarded as
one day)
D is the number of days in the period commencing on (and
including) the day on which the 16th or subsequent year of effective service, as
the case requires, of the employee commenced and concluding on (and including)
31 December 2001;
(ii) if the employee's 16th year of effective service, or a subsequent
year of effective service, commenced or commences on or after 1 January 2002,
the employee is entitled—
(A) in respect of that year (instead of the amount to which he or she
would otherwise be entitled under paragraph (a)); and
(B) in respect of each subsequent year of effective service,
to 15 days of long service leave.
(b) all references in those clauses to effective service are
to be read as references to—
(i) service (within the meaning of the Long Service Leave
Act 1987) of the employee in a public sector agency, or with another
organisation where such service has been previously recognised by the Chief
Officer of the South Australian Metropolitan Fire Service for the purpose of
determining long service leave entitlements, occurring before this proclamation
comes into operation; and
(ii) service of the employee in the public sector occurring after this
proclamation comes into operation that is recognised, in accordance with
directions issued by the Commissioner, as a period of effective
service;
(c) all references in those clauses to an employee are to be
read as including reference to employees in the specified class;
(d) all references in those clauses to the Chief Executive of the
administrative unit in which the employee is employed or Chief
Executive are, in relation to employees in the specified class, to be
read as references to the Chief Officer of the South Australian Metropolitan
Fire Service;
(e) all references in those clauses to an executive are to
be read as references to an employee in the specified class recognised, in
accordance with directions issued by the Commissioner, as an
executive.
Made by the Governor
with the advice and consent of the Executive Council
on 1 December
2005
WFR05/010
[Published in the Gazette on 1 December 2005 at page 4078]