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Public Sector Management (Incorporation of Public Sector
Employees into DFC) (Metropolitan Domiciliary Care)
Proclamation 2007
under section 7 and Schedule 1 of the Public Sector Management Act 1995
This proclamation may be cited as the Public Sector Management
(Incorporation of Public Sector Employees into DFC) (Metropolitan Domiciliary
Care) Proclamation 2007.
This proclamation will come into operation on 1 July 2007.
The public sector employees referred to in Schedule 1 are incorporated into
the Department for Families and Communities.
4—Exclusion
from Public Service
The public sector employees referred to in Schedule 1 clause 2 are
excluded from the Public Service immediately after incorporation under
clause 3.
(1) For the purposes of determining entitlements with respect to
recreation leave, sick leave and long service leave—
(a) the service of a public sector employee incorporated into the
Department for Families and Communities under clause 3 and referred to in
Schedule 1 clause 1 with Metropolitan Domiciliary Care will be taken to
have been service under the Public Sector Management Act 1995;
and
(b) a public sector employee incorporated into the Department for Families
and Communities under clause 3 will be taken to have continuity of
employment without termination of the employee's service.
(2) If, under the Public Sector Management Act 1995, the
conditions of employment of a public sector employee incorporated into the
Department for Families and Communities under clause 3 and referred to in
Schedule 1 clause 1 are inconsistent with the award or industrial agreement
covering the employee's employment, the award or industrial agreement will apply
to the extent that the award or industrial agreement is more favourable to the
employee.
(3) The conditions of employment of a public sector employee incorporated
into the Department for Families and Communities under clause 3 but
excluded from the Public Service under clause 4 are to be determined
by—
(a) the award or industrial agreement covering the employee's employment;
and
(b) the Department of Health (SAHC Act and IMVS Act) Human Resources
Manual (as amended from time to time).
(4) Subject to a preceding subclause, each public sector employee referred
to in Schedule 1 clause 1 who was, immediately before incorporation,
employed under a contract on a temporary or casual basis, or for a fixed term,
will be taken to be appointed to the Department for Families and Communities
subject to a contract under section 34 or 40 of the Public Sector
Management Act 1995 (as the case may require) on the same conditions
and, if applicable, for the balance of the term of the contract in existence
immediately before incorporation.
Schedule 1—Employees being incorporated into
Department for Families and Communities
1 All staff of Metropolitan Domiciliary Care—
(a) employed in an executive position; or
(b) covered by 1 of the following:
(i) South Australian Public Sector Salaried Employees Interim
Award;
(ii) South Australian Medical Officers Award.
2 All staff of Metropolitan Domiciliary Care—
(a) remunerated at weekly rates of payment and covered by 1 of the
following:
(i) South Australian Government Health Etc Ancillary Employees
Award;
(ii) Government Stores Employees Interim Award;
(iii) South Australian Government Departments and Instrumentalities
(Metal Trades) Award 1999; or
(b) covered by the Nurses (South Australian Public Sector)
Award 2002.
Made by the Governor
with the advice and consent of the Executive Council
on 28 June
2007
DFCCS/07/065
[Published in the Gazette on 28 June 2007 at page 2829]