South Australian Consolidated Acts

TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 39A

39A—Special provisions relating to rate of remuneration for part-time officers

        (1)         Where an officer is employed on a part-time basis (that is to say, on the basis that he or she will work in any pay period a specified percentage of the time ordinarily expected of an officer employed on a full-time basis) the rate of remuneration applicable to the officer (including any allowances that may be payable) is that same percentage applied to the rate of remuneration that would apply if he or she were employed on a full-time basis.

        (2)         Subject to subsection (3), subsection (1)—

            (a)         applies in relation to salary, notwithstanding any Act or law (including the provisions of any contract of employment, award or industrial agreement) to the contrary; and

            (b)         applies in relation to an allowance, subject to any express provision of a contract of employment, award or industrial agreement that provides for payment of the full amount of the allowance to the officer; and

            (c)         applies regardless of the number of working days, and the period of time in any one day, over which the officer performs the required amount of work in any pay period; and

            (d)         applies in relation to any past or present entitlement to remuneration, whether it arose before or arises after the commencement of this section.

        (3)         Nothing in this section affects the payment in full of any allowance to an officer employed on a part-time basis if—

            (a)         the payment was made before the commencement of this section; or

            (b)         the payment is made after the commencement of this section in respect of an allowance that was being paid in full immediately prior to that commencement.