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Public Sector Management (Extension to Fire and Emergency
Service 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 Fire and Emergency Service Employees)
Proclamation 2005.
This proclamation will have effect from 1 October 2005 (see section 71(4)
of the Act).
In this proclamation—
Act means the Public Sector Management
Act 1995;
emergency services sector comprises—
(a) the South Australian Fire and Emergency Services Commission (the
Commission); and
(b) the South Australian Metropolitan Fire Service (SAMFS);
and
(c) the South Australian Country Fire Service (SACFS);
and
(d) the South Australian State Emergency Service
(SASES);
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
persons employed by an organisation within the emergency services
sector.
4—Extension of operation of
certain provisions
The operation of the relevant clauses is extended to employees in the
specified class, subject to—
(a) the modifications described in clause 5; and
(b) any inconsistent contract relating to the employee's employment or any
award, determination or enterprise agreement in force under the Fair Work
Act 1994; and
(c) any inconsistent proclamation under section 71 of the Act.
5—Modification
of relevant clauses
For the purposes of applying the relevant clauses to employees in the
specified class, the following modifications are prescribed:
(a) 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
Executive or Chief Officer of an organisation within the emergency services
sector 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;
(b) all references in those clauses to an employee are to be
read as including reference to employees in the specified class;
(c) all references in those clauses to the Chief Executive of the
administrative unit in which the employee is employed or Chief
Executive are to be read as references to—
(i) in relation to employees of the Commission—the Chief Executive
of the Commission; and
(ii) in relation to employees of SAMFS—the Chief Officer of SAMFS;
and
(iii) in relation to SACFS—the Chief Officer of SACFS; and
(iv) in relation to SASES—the Chief Officer of SASES; and
(d) 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 4076]