Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination maintains the remuneration and other terms and conditions of employment of former Tasmanian State Service employees now employed in the Australian Public Service at the Mersey Community Hospital, Tasmania.
Administered by: Prime Minister and Cabinet
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 38
Registered 27 Jun 2008
Tabling HistoryDate
Tabled HR26-Aug-2008
Tabled Senate26-Aug-2008
Date ceased to have effect 01 Jan 2010
Ceased by Self Ceasing

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.

 

2.      This Determination commences on 1 July 2008.

 

3.      This Determination expires on 1 January 2010.

 

4.      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.

 

5.      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