Application of Commissioner's determinations (section 16(1)(b) of Act)
10 Application of Commissioner's determinations (section 16(1)(b) of Act)
In this regulation, a reference to an enterprise agreement includes a reference to all industrial instruments made in substitution for that agreement.
For the purposes of subregulation (1), an industrial instrument will be taken to have been made in substitution for an enterprise agreement irrespective of whether the later instrument covers all employees bound by the earlier instrument.
Subject to subregulation (4) and without limiting the operation of subregulation (5), public sector employment outside the Public Service to which Part 7 of the Act applies is employment to which section 16 of the Act applies.
A determination of the Commissioner applies to employment by virtue of the operation of subregulation (3) only to the extent that the determination is relevant to the application of the provisions of Part 7 of the Act that apply to the employment and, if those provisions are modified in their application to the employment, to the extent that the determination is relevant to the application of those provisions as so modified.
In addition to the operation of subregulations (3) and (4), public sector employment outside the Public Service that is covered by the South Australian Public Sector Enterprise Agreement: Salaried 2021 is employment to which section 16 of the Act applies.
A determination of the Commissioner applies to employment by virtue of the operation of subregulation (5) only to the extent that the determination is relevant to—
the management of excess employees; or
special leave with pay.
In addition to the operation of subregulations (3) and (4), public sector employment outside the Public Service that is covered by the ForestrySA Enterprise Agreement 2023 is employment to which section 16 of the Act applies.
A determination of the Commissioner applies to employment by virtue of the operation of subregulation (7) only to the extent that the determination is relevant to the management of excess employees.
In addition to the operation of the other provisions of this regulation, but subject to subregulation (10), all public sector employment outside the Public Service is employment to which section 16 of the Act applies.
A determination of the Commissioner applies to employment by virtue of the operation of subregulation (9) only to the extent that the determination relates to special leave with pay and is relevant to domestic/family violence leave.
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