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House of Assembly: Tuesday, March 05, 2013
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AUDITOR-GENERAL'S REPORT

In reply to the Hon. I.F. EVANS (Davenport) (13 November 2012).

The Hon. J.W. WEATHERILL (Cheltenham—Premier, Treasurer, Minister for State Development, Minister for the Public Sector, Minister for the Arts): I have been advised of the following:

A commitment to job security has been included in the new enterprise agreement that covers salaried employees in the public sector. The South Australian Public Sector Wages Parity Enterprise Agreement: Salaried 2012 was approved by the Industrial Relations Commission of South Australia on 23 October 2012 and nominally expires on 30 June 2014. Negotiations for a new enterprise agreement may commence not earlier than 1 January 2014.

That enterprise agreement provides security of employment for the life of that enterprise agreement. That is the Government's 'no forced redundancy policy' will apply to the employees covered by that agreement during the life of that agreement. In effect, for the life of that agreement, there will be no forced redundancy for employees covered by that enterprise agreement.

The agreement only applies to the parties bound. Generally these are salaried employees who work in administrative units (i.e. public service); SA Health; and various entities specified in the agreement. If a new agreement is not made by 1 July 2014, the Fair Work Act 1994 provides that the agreement will continue in force, i.e. it will continue to have a 'life' until it is superseded or rescinded pursuant to the Fair Work Act 1994.

Attachment A details the 'job security provisions' and the 'protection of existing conditions provisions' in the enterprise agreements that have been approved since November 2011.

SA Public Sector Enterprise Agreements approved since November 2011 that Include Security of Employment and/or Existing Condition Provisions

Enterprise Agreement Commencement Date to Nominal Expiry Date Job Security Provisions Protection of Existing Conditions Provisions
South Australian Metropolitan Fire Service Enterprise Agreement 2011 29 February 2012—31 December 2013 28.21 Employment SecurityThe parties agree that security of employment in the form of no forced redundancy will apply for employees bound by this Agreement from date of approval by the Commission for the life of the Agreement and in accordance with the provisions contained in Commissioners Standard 2—Quality Staffing as varied from time to time. Nil
South Australian Public Sector Wages Parity Enterprise Agreement Salaried 2012 23 October 2012—30 June 2014 2. OBJECTS AND COMMITMENTS2.2.4 Employment security for employees bound by this Enterprise Agreement for the life of this Enterprise Agreement;9. SECURITY OF EMPLOYMENT AND REDEPLOYMENT 9.1 Subject to this clause and conditional on approval of this Enterprise Agreement, the parties acknowledge that this agreement is made and entered into on the basis that:9.1.1 The Government's 'no forced redundancy policy' will apply and operate during the life of this agreement to the effect that, for the life of this agreement, there will be no forced redundancy for employees bound by this Enterprise Agreement; and9.1.2 Redeployment and related processes or procedures will continue to be modified by the employer and/or agency/ies (administratively; by Commissioner's Determination under the Public Sector Act 2009; or otherwise) as soon as practicable and during the life of this Enterprise Agreement to enable the employer and agency/les to effect the earliest possible redeployment, reassignment and/or retraining of employee/s. 2. OBJECTS AND COMMITMENTS 2.2.7Existing conditions of employment applying to a party not being reduced, subject to the terms of this Enterprise Agreement and any applicable Workplace Flexibility Agreement. This commitment does not prevent the operation of other commitments in this clause, but not to the effect that (considered as a whole) would result in a diminution of conditions existing as at the date of approval by the Commission.ENFORCEMENT27.1.2 If a Union reasonably believes that in respect of its members there is a purported breach or non-compliance with this Enterprise Agreement in relation to: an express basis on which this agreement is made; or a parliamentary process that reduces or removes an employment benefit; an existing condition; or a condition prescribed in this agreement, the Union may seek redress to the Industrial Relations Commission of South Australia in relation thereto.
State Theatre South Australia Workshop and Props Enterprise Agreement 2012 4 June 2012—4 June 2014 Clause 10 Ongoing Consultation10.2 The Company will also convene regular staff meetings between management and staff, .....e). Improve job security, the attainment of skills and career opportunities for employees. Clause 4 Relationship to Parent Awards4 (b) Existing employment conditions shall be maintained.



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