Common use of APPLICATION AND PARTIES BOUND Clause in Contracts

APPLICATION AND PARTIES BOUND. 5.1 The parties bound by this General Agreement are listed in Schedule 5. (a) Subject to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employees, employed under Part 3 or Part 8, Section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer party listed in Item (3) of Schedule 5 and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 who are members of or eligible to be members of the union. (b) This General Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees bound by this General Agreement is 32,424. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Award. 5.6 Provisions in the applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 Subject to clause 5.7, where the provisions of the applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 The ASAs listed at Schedule 4 shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 The parties bound by this General Agreement are listed in Schedule 56 – Parties to this Agreement. (a) Subject to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employeesEmployees, employed under Part 3 or Part 8, Section section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer Employer party listed in Item (3) of Schedule 5 6 – Parties to this Agreement of this Agreement and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 1989. who are members of or eligible to be members of the unionUnion. (b) This General Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees Employees bound by this General Agreement is 32,42432,438. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Applicable Award. 5.6 5.5 Provisions in the applicable Applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 5.6 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 5.7 Subject to clause 5.75.6, where the provisions of the applicable Applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 5.8 The ASAs listed at Schedule 4 5 – Agency Specific Agreements of this Agreement shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 This Agreement cancels and replaces the Disability Services Commission (Social Trainers) CSA Agreement 2021. 5.2 The parties bound by this General Agreement are listed in Schedule 5the Chief Executive Officer of the Disability Services Commission and the Union. (a) Subject 5.3 This Agreement applies to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employees, employed under Part 3 or Part 8, Section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer party listed in Item (3) of Schedule 5 and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 Employees who are members of or eligible to be members of the unionUnion employed by the Employer to perform work covered by the Award. At the time of registration this Agreement applies to approximately 442 Employees. (b) 5.4 This General Agreement shall does not apply to: (ia) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 19941994 (WA); (iib) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees Employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 19751975 (WA); or (ivc) employees Employees whose remuneration is determined by an Act to be at a fixed rate, rate or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees bound by this General Agreement is 32,424. 5.4 5.5 It is the intent of the parties to preserve the applicable Award as it applies to employees Employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 5.6 This General Agreement shall must be read in conjunction with the applicable Award. 5.6 5.7 Provisions in the applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be are referred to as the “preserved provisions”. 5.7 5.8 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 5.9 Subject to clause 5.75.8, where the provisions of the applicable Award and this General Agreement are inconsistent, this General the Agreement will prevailprevails. 5.9 The ASAs listed at Schedule 4 shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 This agreement cancels and replaces the Public Sector CSA Agreement 2021. 5.2 The parties bound by this General Agreement are listed in Schedule 56 – Parties to this Agreement. (a) Subject to clause 5.2 5.3 (b), this General Agreement shall apply applies to: (i) all public service officers and executive employeesEmployees, employed under Part 3 or Part 8, Section section 100 of the Public Sector Management Act 1994 (WA) or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 19791979 (WA), employed by an employer Employer party listed in Item (3) of Schedule 5 6 – Parties to this Agreement of this Agreement and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 1989. who are members of or eligible to be members of the unionUnion. (b) This General Agreement shall does not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 19941994 (WA); (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 19751975 (WA); or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 5.4 As at the date of registration the approximate number of employees Employees bound by this General Agreement is 32,424. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement33,365. 5.5 This General Agreement shall must be read in conjunction with the applicable Applicable Award. 5.6 Provisions in the applicable Applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be are referred to as the “preserved provisions”. 5.7 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 Subject to clause 5.7, where the provisions of the applicable Applicable Award and this General Agreement are inconsistent, this General Agreement will prevailprevails. 5.9 The ASAs listed at Schedule 4 shall 5 – Agency Specific Agreements of this Agreement continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 The parties bound by this General Agreement are listed in Schedule 56 – Parties to this Agreement. (a) Subject to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employeesEmployees, employed under Part 3 or Part 8, Section section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer Employer party listed in Item (3) of Schedule 5 6 – Parties to this Agreement of this Agreement and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 1989. who are members of or eligible to be members of the unionUnion. (b) This General Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees Employees bound by this General Agreement is 32,42429,918. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Applicable Award. 5.6 5.5 Provisions in the applicable Applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 5.6 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 5.7 Subject to clause 5.75.6, where the provisions of the applicable Applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 5.8 The ASAs listed at Schedule 4 5 – Agency Specific Agreements of this Agreement shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 The parties 6.1 Parties bound by this General Agreement are listed in Schedule 5.the: (a) Subject to clause 5.2 Health Services Union; and b) Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (b), this General Agreement shall apply to:WA) as the Hospitals formerly comprised in the Metropolitan Health Services Board (i) all public service officers and executive employees, employed under Part 3 or Part 8, Section 100 The Director General of Health is the delegate of the Public Sector Management Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1994 or continuing 1927 (WA). In this capacity the Director General acts as such by virtue the “Employer” for the purposes of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; andthis Agreement. (ii) all government officersIf the Director General of Health onwards delegates any capacity to act as the “Employer” to a Chief Executive Officer of a Health Service or to any other office holder, within the meaning Director General of Health will inform the Union in writing of the Industrial Relations Act 1979terms of the delegation. An office holder who acts in accordance with the terms of the delegation from the Director of Health shall be deemed to have acted as the “Employer” for the purposes of this Agreement. 6.2 This Agreement is read in conjunction with the Award and the Principal Agreement. 6.3 The parties agree that this Agreement does not cancel the Principal Agreement but only varies the specific terms and conditions that are identified in this Agreement for those employees who are in the positions identified in clause 6.5. 6.4 Unless stated otherwise, employed by an employer party listed in Item (3) any inconsistency between this Agreement and the Award, and/or the Principal Agreement, this Agreement takes precedence. 6.5 This Agreement provides for terms and conditions of Schedule 5 and employment only for employees covered by the Government Officers Salaries, Allowances Hospital Salaried Hospitals Award No 39 of 1968 and Conditions Award 1989 who are members employed in the positions of or eligible MST Clinician; MST Clinician (Clinical Psychologist); MST (Aboriginal and Xxxxxx Xxxxxx Islander Specialist) and Clinical Manager MST. 6.6 The parties agree that positions of MST Clinician; MST Clinician (Clinical Psychologist); MST Clinician (Aboriginal and Xxxxxx Xxxxxx Islander Specialist) and Clinical Manager MST, created under this agreement shall not be included in the review of Specified Callings being conducted pursuant to Application P18 of 2003. These positions will be members subject to review following the determination and implementation of P18 of 2003. The effective date of any classification change resulting from such review will be the date of creation of the union.position/s. (b) This General 6.7 The estimated number of employees covered by this Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees bound by this General Agreement is 32,42410. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Award. 5.6 Provisions in the applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 Subject to clause 5.7, where the provisions of the applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 The ASAs listed at Schedule 4 shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 The parties bound by this General Agreement are listed in Schedule 5. (a) Subject to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employees, employed under Part 3 or Part 8, Section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer party listed in Item (3) of Schedule 5 and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 who are members of or eligible to be members of the union. (b) This General Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees bound by this General Agreement is 32,42433,975. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Award. 5.6 Provisions in the applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Award issued through orders of the WAIRC will prevail over the preserved provisions to the extent of any inconsistency. 5.8 Subject to clause 5.7, where the provisions of the applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 The ASAs listed at Schedule 4 shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.

APPLICATION AND PARTIES BOUND. 5.1 The parties bound by this General Agreement are listed in Schedule 5. (a) Subject to clause 5.2 (b), this General Agreement shall apply to: (i) all public service officers and executive employees, employed under Part 3 or Part 8, Section 100 of the Public Sector Management Act 1994 or continuing as such by virtue of clause 4 (c) of Schedule 5 of that Act, and covered by the Public Service Award 1992; and (ii) all government officers, within the meaning of the Industrial Relations Act 1979, employed by an employer party listed in Item (3) of Schedule 5 and covered by the Government Officers Salaries, Allowances and Conditions Award 1989 who are members of or eligible to be members of the union. (b) This General Agreement shall not apply to: (i) a chief executive officer as defined in section 3 (1) of the Public Sector Management Act 1994; (ii) those government officers listed in Schedule B of the Government Officers Salaries, Allowances and Conditions Award 1989; (iii) employees whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975; or (iv) employees whose remuneration is determined by an Act to be at a fixed rate, or is determined or to be determined by the Governor pursuant to the provisions of any Act. 5.3 As at the date of registration the approximate number of employees bound by this General Agreement is 32,42433,975. 5.4 It is the intent of the parties to preserve the applicable Award as it applies to employees covered by this General Agreement at the time of registration, only for the life of this General Agreement. 5.5 This General Agreement shall be read in conjunction with the applicable Award. 5.6 Provisions in the applicable Award that deal with subject matters not otherwise dealt with by this General Agreement are preserved at the date of registration. For the purposes of this clause, these provisions will be referred to as the “preserved provisions”. 5.7 Subsequent to the registration of this General Agreement, any variations to provisions of the applicable Award issued through orders of the WAIRC Western Australian Industrial Relations Commission will prevail over the preserved provisions to the extent of any inconsistency. 5.8 Subject to clause 5.7, where the provisions of the applicable Award and this General Agreement are inconsistent, this General Agreement will prevail. 5.9 The ASAs listed at Schedule 4 shall continue in force unless replaced by a subsequent agreement or a party withdraws from the agreement.