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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-02-03 Daily Xml
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Rail Staff Incentive Offers

In reply to the Hon. J.A. DARLEY (12 November 2020).

The Hon. R.I. LUCAS (Treasurer): I have been advised:

The following two matters will apply to a Rail Commissioner employee who: (a) is covered by the Rail Commissioner Rail Operations Enterprise Agreement 2020, Rail Commissioner Infrastructure Employees Enterprise Agreement 2019 or Rail Commissioner Maintenance Employees Enterprise Agreement 2019; (b) accepts an offer of employment from the new service provider (or an associated entity) by 31 January 2021; (c) commences employment with the new service provider (or an associated entity); and (d) resigns from the Rail Commissioner and the South Australian public sector effective from not later than 31 January 2021 or such other date as is agreed by the Rail Commissioner:

1. A one off $15,000 (gross) incentive payment to or for the benefit of such employee, payable within 2–4 weeks of their commencement with the new service provider; and

2. The inclusion by the Rail Commissioner in its contract with the new service provider for the new service provider to offer a minimum 'three-year employment period' for such employees commencing on and from the date of commencement of the new rail operations enterprise agreement. In respect of each such employee, that period will be subject to the ordinary requirements applicable to an employee, namely satisfactory performance and the absence of serious misconduct, provided that during that period the employee cannot be made redundant.

A current Rail Commissioner employee who accepts an offer of employment from the new service provider, commences that employment, and resigns from the SA public sector by 31 January 2020, will receive the one-off incentive payment, not a voluntary separation package.

If a current Rail Commissioner employee who is covered by either the Rail Commissioner Rail Operations Enterprise Agreement 2020, Rail Commissioner Infrastructure Employees Enterprise Agreement 2019 or Rail Commissioner Maintenance Employees Enterprise Agreement 2019, decides not to express an interest in receiving an employment offer from the new provider, chooses to reject an employment offer, or does not receive an offer, the employee continues as a rail commissioner employee. Such employee would remain subject to industrial arrangements that include redeployment, retraining and redundancy provisions, which include the possible option of expressing an interest in being offered a voluntary separation package.

Under the relevant previous enterprise agreements entered into by the former Labor government an employee who accepts a voluntary separation package within the first three months of being declared excess, is entitled to an additional payment of $15,000.

This is distinct and unrelated to the $15,000 payment that employees who accept an offer of employment from the new service provider and resign from the public sector will be eligible for.

Lands Services SA

I am advised as follows.

Employees who were within the Land Services SA process were covered by the state salaried employee enterprise agreement that was in place at that time. Those who accepted an offer of employment were provided with transfer of business arrangements, which did not include the provision of an incentive payment. Not all Lands Titles Office employees were provided with employment offers by Land Services SA. Of those who did not take up employment with Land Services SA and remained South Australian public sector employees, some were temporarily assigned duties to work with Land Services SA and support the transition process over the first two years. Once they had completed the temporary duties, they continued in their substantive department and commenced a redeployment process, which included the possible option of expressing an interest in being offered a voluntary separation package.

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