Public Service Act 1999 Determination under subsection 24(3) (24/06/2008) (Cth)

Public Service Act 1999

Determination under subsection 24(3)

1. I, John Faulkner, Public Service Minister, being of the opinion that it is necessary to do so because of exceptional circumstances, hereby determine that the remuneration and other conditions of employment of the Mersey Hospital APS employees:

a)are not determined under the Department of Health and Ageing Collective Agreement 2007-2011 - ‘Collective Agreement 5’, the preserved Australian Pay and Classification Scale derived from the Australian Public Service Award 1998, the Australian Public Service Award 1998, or the Continuous Improvement in the APS Agreement 1995-1996; and

b)shall be the same remuneration and other conditions of employment that the employee enjoyed as a Tasmanian State Service employee performing duties at Mersey Campus of the North West Regional Hospital, Tasmania immediately before becoming an APS employee other than those terms and conditions to which the employees are entitled under Commonwealth law; or

c)if the Mersey Hospital APS Employee was not previously employed in the Tasmanian State Service, shall be the remuneration and other conditions of employment that he or she would have enjoyed as a Tasmanian State Service employee performing the same duties at Mersey Campus of the North West Regional Hospital, Tasmania other than those terms and conditions to which the employee is entitled under Commonwealth law; and that

d)this Determination determines minimum remuneration and other conditions of employment for Mersey Hospital APS employees. Remuneration and other conditions of employment, or an aspect or aspects of remuneration and other conditions of employment, can be provided to one or more Mersey Hospital APS employees by a determination made under subsection 24(1) of the Public Service Act 1999 or an employee’s contract of employment, provided that the remuneration and other conditions of employment are no less favourable overall to the employee or employees than the remuneration and other conditions of employment determined by this Determination.

1. This Determination commences on 1 July 2008.

1. This Determination expires on 1 January 2010.

1. In this Determination:

“Mersey Hospital APS Employees” means those APS employees in the Department of Health and Ageing who perform duties in the Mersey Hospital, Tasmania.

1. The reference in clause 1.b) of this Determination to ‘same remuneration and other conditions of employment that the employee enjoyed as a Tasmanian State Service employee performing duties at Mersey Campus of the North West Regional Hospital, Tasmania’ shall be taken as including a reference to any additional, increased or improved remuneration and other conditions of employment that the employee would otherwise have been entitled to from time to time had the employee remained as a Tasmanian State Service employee in the North West Regional Hospital.

Dated this 24th day of June 2008

John Faulkner

Public Service Minister