{"id":"fair-work-act-1994","name":"Fair Work Act 1994","slug":"fair-work-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32042,"registerId":"sa-fair-work-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\n1—Short title\nThis Act may be cited as the Fair Work Act 1994.\n3—Objects of Act\n\t(1)\tThe objects of this Act are—\n\t(a)\tto promote goodwill in industry; and\n\t(b)\tto contribute to the economic prosperity and welfare of the people of South Australia; and\n\t(c)\tto facilitate industrial efficiency and flexibility, and improve the productiveness of South Australian industry; and\n\t(ca)\tto promote and facilitate employment; and\n\t(d)\tto encourage enterprise agreements that are relevant, flexible and appropriate; and\n\t(e)\tto provide for awards that are relevant, flexible and expressed in non-technical language; and\n\t(f)\tto provide a framework for making enterprise agreements, awards and determinations affecting industrial matters that is fair and equitable to both employers and employees;\n\t(fa)\tto establish and maintain an effective safety net of fair and enforceable conditions for the performance of work by employees (including fair wages); and\n\t(fb)\tto promote and facilitate security in employment; and\n\t(g)\tto encourage prevention and settlement of industrial disputes by amicable agreement, and to provide a means of conciliation for that purpose; and\n\t(h)\tto provide a means for settling industrial disputes that cannot be resolved by amicable agreement as expeditiously as possible and with a minimum of legal formality and technicality; and\n\t(i)\tto ensure compliance with agreements and awards made for the prevention or settlement of industrial disputes, and to ensure compliance with any obligations arising under this Act; and\n\t(j)\tto provide employees with an avenue for expressing employment-related grievances and having them considered and remedied including provisions for a right to the review of harsh, unjust or unreasonable dismissals—\n\t(i)\tdirected towards giving effect to the Termination of Employment Convention; and\n\t(ii)\tensuring industrial fair play; and\n\t(k)\tto provide for absolute freedom of association and choice of industrial representation; and\n\t(l)\tto encourage the democratic control of representative associations of employers or employees, and the full participation by members in their affairs; and\n\t(m)\tto help prevent and eliminate unlawful discrimination in the workplace; and\n\t(ma)\tto promote and facilitate gender equity; and\n\t(n)\tto ensure equal remuneration for men and women doing work of equal or comparable value; and\n\t(o)\tto facilitate the effective balancing of work and family responsibilities; and\n\t(p)\tto facilitate the establishment and operation of a national industrial relations system based on co‑operative federalism through—\n\t(i)\tthe use of dual appointments to Commonwealth and State bodies; and\n\t(ii)\tthe promotion and facilitation of other arrangements that assist in integrating State and federal workplace relations systems and processes.\n\t(2)\tIn exercising powers and carrying out functions under this Act, SAET is to have regard (where relevant) to the provisions of—\n\t(a)\tthe Worst Forms of Child Labour Convention 1999 (See Schedule 9); and\n\t(b)\tthe Workers with Family Responsibilities Convention 1981 (See Schedule 10); and\n\t(c)\tthe Workers' Representatives Convention 1971 (See Schedule 11).\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadult means a person of or above 21 years of age;\napprentice means an apprentice or trainee within the meaning of the South Australian Skills Act 2008;\nassociation means—\n\t(a)\tan association, society or body formed to represent, protect or further the interests of employers or employees; or\n\t(b)\tan organisation, or a branch of an organisation, registered under the Commonwealth (Registered Organisations) Act;\naward means an order of SAET regulating remuneration or other industrial matters;\nchild means a person who has not attained the age of 18 years;\ncivil penalty provision—see section 104A(1);\nCommonwealth Act means the Fair Work Act 2009 of the Commonwealth;\nCommonwealth (Registered Organisations) Act means the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nconduct includes an omission;\nConsultative Council means the Industrial Relations Consultative Council;\ncontract of employment means—\n\t(a)\ta contract recognised at common law as a contract of employment under which a person is employed for remuneration in an industry; or\n\t(b)\ta contract under which a person (the employer) engages another (the employee) to drive a vehicle that is not registered in the employee's name to provide a public passenger service (even though the contract would not be recognised at common law as a contract of employment); or\nException—\nThe contract is not a contract of employment if the vehicle is a taxi and the contract would not be recognised at common law as a contract of employment.\n\t(c)\ta contract under which a person (the employer) engages another (the employee) to carry out personally the work of cleaning premises (even though the contract would not be recognised at common law as a contract of employment); or\n\t(d)\ta contract under which a person (the employer) engages another (the employee) to carry out work as an outworker (even though the contract would not be recognised at common law as a contract of employment);\ndecision includes a refusal or failure to make a decision;\ndemarcation dispute includes—\n\t(a)\ta dispute within an association or between associations about the rights, status or functions of members of the association or associations in relation to the employment of those members; or\n\t(b)\ta dispute between employers and employees, or between members of different associations, about the demarcation of functions of employees or classes of employees; or\n\t(c)\ta dispute about the representation under this Act of the industrial interests of employees by an association of employees;\ndetermination means an award, order, declaration, approval or decision;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nemployee means a person employed for remuneration under a contract of employment and includes a public employee;\nemployer means—\n\t(a)\tfor public employees—see section 4A;\n\t(b)\tfor other employees—a person who employs the employees for remuneration in an industry under a contract of employment;\nenterprise agreement means an agreement under Chapter 3 Part 2 of this Act between 1 or more employers and a group of employees regulating remuneration or other industrial matters (and includes a provisional enterprise agreement);\nEqual Remuneration Convention means the Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value set out in Schedule 6;\nFair Work Commission means the Fair Work Commission established under the Commonwealth Act (or an industrial authority that takes the place of the Fair Work Commission under Commonwealth law);\nfamily—the following are to be regarded as members of a person's family—\n\t(a)\ta spouse or domestic partner;\n\t(b)\ta child;\n\t(c)\ta parent;\n\t(d)\tany other member of the person's household;\n\t(e)\tany other person who is dependent on the person's care;\ngroup of employees—see subsection (2);\n(indexed)—see subsection (4);\nindustrial action means—\n\t(a)\ta work practice, or a way of performing work, adopted in connection with an industrial dispute, that restricts, limits or delays the performance of the work; or\n\t(b)\ta ban, limitation, or restriction affecting the performance of work, or the offering or acceptance of work; or\n\t(c)\ta failure or refusal in connection with an industrial dispute to attend for work, or to perform work,\nbut does not include action taken by an employer with the agreement of the employees, or action taken by employees with the agreement of the employer;\nindustrial authority means—\n\t(b)\ta commission, court, board, tribunal, or body having authority under the law of the Commonwealth or another State to exercise powers of conciliation, determination or arbitration in industrial matters; or\n\t(c)\ta body declared by regulation to be an industrial authority for the purposes of this definition;\nindustrial dispute means a dispute, or a threatened, impending or probable dispute, about an industrial matter (and an industrial dispute does not come to an end only because the parties, or some of them, cease to be in the relationship of employer and employee);\nindustrial instrument means—\n\t(a)\tan award or enterprise agreement under this Act; or\n\t(b)\ta fair work instrument under the Commonwealth Act; or\n\t(c)\tan instrument (but not an Australian workplace agreement) given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\nindustrial matter means a matter affecting or relating to the rights, privileges or duties of an employer or employers (including a prospective employer or prospective employers) or an employee or employees (including a prospective employee or prospective employees), or the work to be done in employment, including, for example—\n\t(a)\tthe wages, allowances or remuneration of employees or prospective employees in an industry, or the piece-work, contract or other prices paid or to be paid for the employment, including any loading or amount that may be included in wages, allowances, remuneration or prices as compensation for lost time and the wages, allowances or remuneration to be paid for work done during overtime or on holidays, or for other special work, and also the question whether piece-work will be allowed in an industry;\n\t(b)\tthe hours of employment in an industry, including the lengths of time to be worked, and the quantum of work or service to be done, to entitle employees to any given wages, allowances, remuneration or prices, and what times are to be regarded as overtime;\n\t(c)\tthe age, qualification or status of employees, and the manner, terms and conditions of employment;\n\t(d)\tthe relationship between an employer and an apprentice (and any matter relating to employment arising between an employer and an apprentice);\n\t(e)\tthe employment of juniors and apprentices in an industry (including the number or proportion that may be employed);\n\t(f)\tthe employment of any person, or of any class of persons, in addition to those referred to above, in an industry;\n\t(fa)\tmatters in an industrial instrument relating to wage parity;\n\t(g)\tthe refusal or neglect, without reasonable cause or excuse, of any person bound by an award, order or enterprise agreement to offer or accept employment, or to continue to be employed on the terms of the award, order or agreement;\n\t(h)\tany established or allegedly established custom or usage of an industry, either generally or in a particular locality;\n\t(i)\tthe monetary value of allowances granted to or enjoyed by employees;\n\t(j)\tthe dismissal of an employee by an employer;\n\t(k)\ta demarcation dispute;\n\t(ka)\tany matter affecting or relating to the performance of work by outworkers, including—\n\t(i)\tthe giving out of work which is to be performed (or is reasonably likely to be performed), directly or indirectly, by an outworker;\n\t(ii)\tthe regulation of any person who gives out work which is to be performed (or is reasonably likely to be performed), directly or indirectly, by an outworker;\n\t(iii)\tthe creation of 1 or more contracts (including a series of contracts) dealing with the performance of work by outworkers;\n\t(iv)\tthe terms or conditions under which work is performed by outworkers;\n\t(v)\tthe protection of outworkers in any other respect;\n\t(l)\tthe performance of work nude or partially nude, or in transparent clothing;\n\t(m)\ta matter classified as an industrial matter by regulation;\n\t(n)\tall questions of what is right and fair in relation to an industrial matter having regard to the interests of the persons immediately concerned and of society as a whole;\nindustry means a trade, business or occupation in which employees are employed;\ninspector—see section 219A;\njunior means an employee under the age of 21 years (but not an apprentice);\nlegal practitioner means a person admitted to practise the profession of the law in this State;\norder includes direction;\norganisation means an organisation registered under the Commonwealth (Registered Organisations) Act;\noutworker—see section 5;\npeak entity means—\n\t(a)\tthe Minister; and\n\t(b)\tthe United Trades and Labor Council; and\n\t(c)\tthe South Australian Employers' Chamber of Commerce and Industry Incorporated; and\n\t(e)\tany other body brought within the ambit of this definition by the regulations;\nplace includes—\n\t(a)\ta building or structure; and\n\t(b)\ta vehicle; and\n\t(c)\ta ship or vessel;\nPresident means the President of SAET;\npublic employee means—\n\t(a)\ta public sector employee, within the meaning of the Public Sector Act 2009, employed under, or subject to, that Act; or\n\t(b)\tany other person employed for salary or wages in the service of the State;\nregistered agent means a person who is entitled to represent a party in proceedings before SAET by registration as an agent under this Act (See Chapter 2 Part 3);\nregistered association means an association (which may include an organisation or branch) registered under Chapter 4 (Associations);\nRegistrar means the Registrar or Deputy Registrar of SAET;\nremuneration means—\n\t(a)\twages or salary; or\n\t(b)\tpayment to or for the benefit of an employee in the nature of piece-work rates, penalty rates, shift premiums, overtime or special work rates; or\n\t(c)\tallowances;\nrules means the rules of SAET;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nsingle business means—\n\t(a)\ta business carried on by a single employer; or\n\t(b)\ta business carried on by two or more employers as a joint venture or common enterprise; or\n\t(c)\ta single project or undertaking; or\n\t(d)\tactivities carried on by—\n\t(i)\tthe State; or\n\t(ii)\ta body, association, office or other entity established for a public purpose by or under a law of the State; or\n\t(iii)\tanother body in which the State has a controlling interest;\nspouse—a person is the spouse of another if they are legally married;\nState includes a Territory of the Commonwealth;\ntaxi means a vehicle—\n\t(a)\tlicensed or exempted from the requirement to be licensed under Part 6 (Taxis) of the Passenger Transport Act 1994; and\n\t(b)\twith seating accommodation for not more than 12 passengers; and\n\t(c)\tused predominantly for the transport of passengers rather than the transport of goods or other freight;\nTermination of Employment Convention means the Convention concerning Termination of Employment at the Initiative of the Employer set out in Schedule 7;\nworkplace means any place where an employee works and includes any place where such a person goes while at work but does not include any premises of an employer used for habitation by the employer and his or her household other than any part of such premises where an outworker works;\nworkplace law means a law (other than this Act) that regulates the relationships between employers and employees (including by dealing with occupational health and safety matters) and includes a legislative instrument made under such a law.\nFor example, this includes Acts which confer an entitlement to payment of long service leave and determinations of the Commissioner for Public Sector Employment under the Public Sector Act 2009.\n\t(3)\tA group of employees cannot be defined by reference to membership of a particular association.\n\t(4)\tIf a monetary sum is followed by the word (indexed), the amount is to be adjusted on 1 January of each year by multiplying the stated amount by a proportion obtained by dividing State average full-time adult total earnings (seasonally adjusted) as at 30 June in the previous year by State average full-time adult total earnings (seasonally adjusted) as at 30 June in the year in which the stated amount was fixed by Parliament.\n4AA—Act binds the Crown\n\t(1)\tThis Act binds the Crown in right of the State.\n\t(2)\tThe Crown is liable for an offence against this Act.\n\t(3)\tWithout limiting subsection (2), the Crown is liable for a contravention of a civil penalty provision.\n\t(4)\tSection 7(2) of the Crown Proceedings Act 1992 does not apply in respect of proceedings under this Act (other than proceedings under section 10).\n4A—Meaning of employer for public employees\n\t(1)\tFor the purposes of paragraph (a) of the definition of employer in section 4(1), the employer for public employees is the body or person (not being a Minister) declared by regulation to be the employer of the employees.\n\t(2)\tThe body or person referred to in subsection (1) is an instrumentality of the Crown and is capable of binding the Crown in relation to an industrial matter.\n5—Outworkers\n\t(1)\tA person is an outworker if—\n\t(a)\tthe person is engaged, for the purposes of the trade or business of another (the employer) to—\n\t(i)\twork on, process, clean or pack articles or materials; or\n\t(ii)\tcarry out clerical work; or\n\t(b)\ta body corporate of which the person is an officer or employee and for which the person personally performs all or a substantial part of the work undertaken by the body corporate is engaged, for the purposes of the trade or business of another (the employer) to—\n\t(i)\twork on, process, clean or pack articles or materials; or\n\t(ii)\tcarry out clerical work,\nand the work is carried out in or about a private residence or other premises that would not conventionally be regarded as being a place where business or commercial activities are carried out.\n\t(2)\tA person is also an outworker if—\n\t(a)\tthe person is engaged, for the purposes of the trade or business of another (the employer) to—\n\t(i)\tnegotiate or arrange for the performance of work by outworkers; or\n\t(ii)\tdistribute work to, or collect work from, outworkers; or\n\t(b)\ta body corporate of which the person is an officer or employee and for which the person personally performs all or a substantial part of the work undertaken by the body corporate is engaged, for the purposes of the trade or business of another (the employer) to—\n\t(i)\tnegotiate or arrange for the performance of work by outworkers;\n\t(ii)\tdistribute work to, or collect work from, other outworkers.\n\t(3)\tTo avoid doubt, a person who is engaged by another person to clean the private residence of a third person is not an outworker under this section.\n\t(4)\tApart from this Chapter, the other provisions of this Act apply to outworkers if (and only if)—\n\t(a)\ta provision of an award or enterprise agreement relates to outworkers; or\n\t(b)\ta regulation made for the purposes of this subsection extends the application of this Act to, or in relation to, outworkers,\nand then, in such a case, the Act will apply in all respects to the relevant outworkers.\n\t(5)\tA regulation made for the purposes of subsection (4) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.\n6—Application of Act to employment\nThis Act does not apply to—\n\t(aa)\temployment with a national system employer (within the meaning of the Commonwealth Act), other than in relation to an excluded subject matter (within the meaning of the Fair Work (Commonwealth Powers) Act 2009); or\n\t(a)\temployment by the employee's spouse, domestic partner or parent; or\n\t(b)\temployment excluded by regulation from the ambit of this Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Jurisdiction of SAET—special provisions","content":"Chapter 2—Jurisdiction of SAET—special provisions\nPart 1—Conferral of jurisdiction, declarations and orders\n7—Jurisdiction of SAET\nSAET has the jurisdiction conferred by this Act—\n\t(a)\tto adjudicate on rights and liabilities arising out of employment; and\n\t(b)\tin relation to industrial matters—\n\t(i)\tto approve enterprise agreements regulating remuneration and other industrial matters; and\n\t(ii)\tto make awards regulating remuneration and other industrial matters; and\n\t(iii)\tto hear, determine and regulate any matter or thing arising from or relating to an industrial matter; and\n\t(c)\tto settle and resolve industrial disputes.\n8—Jurisdiction to interpret awards and enterprise agreements\n\t(1)\tSAET (constituted as the South Australian Employment Court) has jurisdiction to interpret an award or enterprise agreement.\n\t(2)\tIn exercising its interpretative jurisdiction—\n\t(a)\tSAET should have regard to any evidence that is reasonably available to it of what the author of the relevant part of the award or enterprise agreement, and the parties to the award or enterprise agreement, intended it to mean when it was drafted; and\n\t(b)\tif a common intention is ascertainable—give effect to that intention.\n9—Jurisdiction to decide monetary claims under industrial laws or instruments\n\t(1)\tSAET (constituted as the South Australian Employment Court) has jurisdiction to hear and determine monetary claims of the following kinds:\n\t(a)\ta claim for a sum due to an employee or former employee from an employer or former employer under this Act, a workplace law, an award, an enterprise agreement or a contract of employment;\n\t(b)\ta claim for a sum due to an employer or former employer from an employee or former employee under this Act, a workplace law, an award, an enterprise agreement or a contract of employment;\n\t(c)\ta claim for compensation to an employee or former employee from an employer or former employer for failure to make contributions (before or after the commencement of this Act) for the benefit of the claimant to a superannuation fund;\n\t(d)\ta claim for payment of a benefit against the trustee of a superannuation fund to which contributions have been made.\n\t(2)\tHowever, a claim cannot be made under subsection (1) in respect of a sum due under a workplace law if that workplace law confers jurisdiction on a court in respect of the claim.\nFor example, a claim for a sum due under the Long Service Leave Act 1987 must be brought under section 13 of that Act and not under section 9(1) of this Act.\n10—Jurisdiction to hear and determine questions arising under contracts of employment\n\t(1)\tSAET (constituted as the South Australian Employment Court) has jurisdiction to hear and determine any question, action or claim founded on, or otherwise arising out of or in relation to, a contract of employment (including a contract of employment that has been terminated) including (but not limited to)—\n\t(a)\ta claim for damages with respect to a breach of a contract of employment (including a claim where the employee under a contract of employment has been dismissed); and\n\t(b)\ta claim to recover a liquidated sum or debt under a contract of employment; and\n\t(c)\tan action for an order for specific performance; and\n\t(d)\tan action for the grant of an injunction.\n\t(2)\tSubject to subsection (4), the South Australian Employment Court may, in exercising its jurisdiction under this section—\n\t(a)\tmake an order for specific performance against an employer or an employee under a contract of employment;\n\t(b)\tgrant an injunction, or give equivalent relief, against an employer or an employee under a contract of employment even if to do so would effectively require specific performance of a contractual term against the employer or employee;\n\t(c)\taward damages against a party to a contract of employment on account of the manner of a breach of the contract (including where the breach constitutes or gives rise to a termination of the contract);\n\t(d)\taward damages and also provide a remedy by way of an order for specific performance or an injunction.\n\t(3)\tSubject to subsection (4), if the South Australian Employment Court is satisfied that it would best serve the interests of justice in a particular case, the Court should provide for specific performance or an injunction as a remedy—\n\t(a)\teven if such a remedy is in addition to, or in substitution for, an award of damages; and\n\t(b)\teven if, but for this subsection, only damages would be awarded.\n\t(4)\tThe South Australian Employment Court—\n\t(a)\tshould not, except in exceptional circumstances, in exercising its jurisdiction under this section—\n\t(i)\tmake an order for specific performance against a natural person; or\n\t(ii)\tgrant an injunction, or give equivalent relief, against a natural person under a contract of employment,\nif to do so would—\n\t(iii)\teffectively require an employer to reorganise, to a material extent, his or her undertaking; or\n\t(iv)\teffectively prevent an employee from obtaining other employment; and\n\t(b)\tin considering the interests of justice under subsection (3), should take into account—\n\t(i)\tthe length of time that elapsed between the time when the cause of action in the proceedings arose and the time when the proceedings were commenced; and\n\t(ii)\tthe extent to which there no longer exists mutual confidence in the employment relationship between the employer and the employee; and\n\t(iii)\tthe extent to which there is evidence that compliance with an order for specific performance or an injunction would be impracticable or cause undue hardship, including, in the case of an employer, by taking into account the size of the employer's undertaking and the circumstances of the particular employment situation,\nand may take into account such other matters as the Court thinks fit.\n\t(5)\tSubsection (4)(a)(iv) does not apply so as to limit the orders that the South Australian Employment Court may make in relation to a restraint of trade clause in a contract of employment that is enforceable at common law.\n\t(6)\tThe costs in any proceedings under this section will be awarded on the same basis (and in accordance with the same rules) as costs would be awarded in a corresponding civil action or claim brought in the District Court or the Magistrates Court (as the case may be).\n\t(7)\tThis section does not limit the operation of section 9.\n\t(8)\tThis section does not limit the operation of the Return to Work Act 2014.\n\t(9)\tIn this section—\ncontract of employment means a contract recognised at common law as a contract of employment.\n11—Jurisdiction to settle and resolve industrial disputes\n\t(1)\tSAET (constituted as an industrial relations commission) has jurisdiction to settle and resolve industrial disputes.\n\t(2)\tIn exercising its dispute settlement jurisdiction SAET may deal with a dispute as it considers appropriate including by any of the following:\n\t(a)\tconciliation or mediation;\n\t(b)\tmaking a recommendation or expressing an opinion;\n\t(c)\tarbitration.\n12—Orders to remedy or restrain contraventions\n\t(1)\tSAET (constituted as the South Australian Employment Court) has jurisdiction to order a person who contravenes or fails to comply with a provision of this Act, an award or an enterprise agreement—\n\t(a)\tto take steps, specified in the order, within a time specified in the order, to remedy the contravention or non‑compliance; or\n\t(b)\tto refrain from further contravention of, or non‑compliance with, the provision.\n\t(2)\tIf there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of this Act, an award or enterprise agreement, SAET has jurisdiction to order the person to refrain from the contravention or non‑compliance.\n13—Advisory jurisdiction\n\t(1)\tSAET (constituted as an industrial relations commission) has jurisdiction to inquire into, and report and make recommendations to the Minister on, a question related to an industrial or other matter that is referred to SAET for inquiry by the Minister.\n\t(2)\tThe jurisdiction conferred on SAET under subsection (1)—\n\t(a)\tis not to be assigned to the South Australian Employment Court; and\n\t(b)\tdoes not extend to inquiring into the South Australian Employment Court or matters that may be brought before the Court or that are being dealt with, or have been dealt with, by the Court.\nPart 2—Processes associated with industrial matters and disputes\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Processes generally","content":"Division 1—Processes generally\n14—Amendment or rectification of proceedings\n\t(1)\tSAET may—\n\t(a)\tallow the amendment of an application, notice, submission, report or other document associated with proceedings; or\n\t(b)\tcorrect an error, defect or irregularity (even though the error, defect or irregularity may be such as to render the proceedings void).\n\t(2)\tIf SAET exercises its power to correct an error, defect or irregularity under subsection (1)(b), the proceedings are as valid and effective as if the error, defect or irregularity had never happened.\n15—Power to re-open questions\nSAET may re‑open a question previously decided and amend or quash an earlier determination.\n16—General power of waiver\n\t(1)\tSAET may, on conditions it considers appropriate, waive compliance with a procedural requirement of this Act or the rules.\n\t(2)\tSAET may punish non‑compliance with a procedural direction by striking out proceedings, or any defence, in whole or in part.\n17—Applications to SAET\n\t(1)\tFor the purposes of the South Australian Employment Tribunal Act 2014, proceedings before SAET under this Act are commenced by an application made to SAET—\n\t(a)\tif, in the Minister's opinion, it is in the public interest that the matter be dealt with by SAET—by the Minister; or\n\t(b)\tby an employer, or group of employers; or\n\t(c)\tby an employee, or group of employees; or\n\t(d)\tby a registered association of employers; or\n\t(e)\tby a registered association of employees; or\n\t(f)\tby the United Trades and Labor Council.\n\t(2)\tA natural person may bring an application as of right if the application is authorised under some other provision of this Act but otherwise must establish to the satisfaction of SAET—\n\t(a)\tthat the claim arises out of a genuine industrial grievance; and\n\t(b)\tthat there is no other impartial grievance resolution process that is (or has been) reasonably available to the person.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Processes when constituted as an industrial relations commission","content":"Division 2—Processes when constituted as an industrial relations commission\n18—Advertisement of applications\n\t(1)\tBefore SAET deals with the subject matter of an application, SAET must satisfy itself that reasonable notice of the substance of the application and the day and time it is to be heard has been given.\n\t(2)\tThe substance of an application and the day and time it is to be heard must be—\n\t(a)\tadvertised in the manner prescribed in the rules of SAET; or\n\t(b)\tcommunicated to all persons who are likely to be affected by a determination in the proceedings or their representatives.\n19—Provisions of award etc relevant to how SAET intervenes in dispute\nIf the parties to an industrial dispute are bound by an award or an enterprise agreement that provides procedures for preventing or settling industrial disputes between them, SAET must, in considering whether, when or how it will exercise its powers in relation to the industrial dispute, have regard to—\n\t(a)\tthe procedures contemplated by the parties for preventing or settling industrial disputes; and\n\t(b)\tthe extent the procedures (if applicable to the industrial dispute) have been complied with by the parties and the circumstances of any compliance or non‑compliance with the procedures.\n20—Voluntary conferences\n\t(1)\tSAET may, if it appears desirable, call a voluntary conference of the parties involved in an industrial dispute.\n\t(2)\tA person who attends a voluntary conference called under this section is, on application to the Registrar, entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person.\n\t(3)\tThe amount certified under subsection (2) will be paid out of money appropriated by Parliament for the purpose.\n21—Compulsory conference\n\t(1)\tSAET may, if it appears desirable, call a compulsory conference of the parties involved in an industrial dispute.\n\t(2)\tSAET may summon the parties to the dispute and any other person who may be able to assist in resolving the dispute to appear at the conference.\n\t(3)\tA compulsory conference may, at the discretion of SAET, be held in public or in private or partly in public and partly in private.\n\t(4)\tA person who fails to attend a compulsory conference as required by SAET's summons or who, having attended, fails to participate in the conference as required by the person presiding at the conference commits a contempt of SAET.\n\t(5)\tA person who attends a conference as directed by the person presiding at the conference will, on application to the Registrar, be entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person.\n\t(6)\tThe amount certified under subsection (5) will be paid out of money appropriated by Parliament for the purpose.\n22—Reference of questions for determination\n\t(1)\tThe person presiding at a compulsory conference may, after giving reasonable notice to the persons attending at the conference, refer the subject matter of the conference for determination by SAET (which may be constituted of the person who presided at the conference under this Part).\n\t(2)\tA matter may be referred for determination by SAET under subsection (1) orally and without formality.\n\t(3)\tAn order of SAET on a reference under subsection (1)—\n\t(a)\tis binding only on persons represented before SAET or summoned to appear at the conference; and\n\t(b)\tif the parties to the industrial dispute are bound by an enterprise agreement, may not affect the terms of the agreement.\n23—Experience gained in settlement of dispute\nAfter the settlement of an industrial dispute, SAET may invite the parties to the dispute to take part in discussions with a view to—\n\t(a)\timproving the process of conciliation and arbitration in accordance with the objects of this Act; and\n\t(b)\tencouraging the parties to agree on procedures for preventing or settling further disputes by discussion and agreement; and\n\t(c)\tdeciding whether it would be appropriate for the parties to regulate their relationship by making an enterprise agreement or amending the terms of an existing enterprise agreement to provide more adequate means of dispute prevention or resolution.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Representation","content":"Part 3—Representation\n25—Representation\n\t(1)\tIn addition to section 51(1)(a) and (b) of the South Australian Employment Tribunal Act 2014, a party to proceedings before SAET under this Act is entitled, without leave, to be represented by—\n\t(a)\tin the case of a party that is not otherwise represented by counsel in accordance with section 51(1)(b) of the South Australian Employment Tribunal Act 2014—a registered agent; or\n\t(b)\tan officer or employee of an industrial association acting in the course of their office or employment with that industrial association.\n\t(2)\tHowever, in the case of a voluntary or compulsory conference, a party or intervener may, subject to subsections (3) and (4), only be represented by a legal practitioner or registered agent with the permission of the person presiding at the conference.\n\t(3)\tPermission is not required under subsection (2) if—\n\t(a)\tthe legal practitioner or registered agent is an officer or employee of—\n\t(i)\tan employer who is a party to the proceedings; or\n\t(ii)\tthe United Trades and Labor Council; or\n\t(iii)\ta registered association of which a member is a party to the relevant industrial dispute; or\n\t(b)\tthe legal practitioner is acting on behalf of the Minister for the purposes of the conference; or\n\t(c)\tin the case of a compulsory conference—the matter has already been referred to SAET.\n\t(4)\tPermission will only be granted under subsection (2) if (and only if)—\n\t(a)\tall of the parties consent to the application for permission; or\n\t(b)\tanother party is represented by a legal practitioner or registered agent; or\n\t(c)\tanother party is a legal practitioner or is legally qualified; or\n\t(d)\tthe person presiding at the conference is satisfied—\n\t(i)\tthe party or intervener would, if permission were not granted, be unfairly disadvantaged; or\n\t(ii)\tpermission is appropriate in the circumstances.\n\t(5)\tThe costs incurred by a party for representation at a voluntary or compulsory conference by a legal practitioner or registered agent acting under the preceding subsections will not be included in any order for costs.\n26—Registered agents\n\t(1)\tThe Registrar must maintain a register of registered agents.\n\t(2)\tA person who applies for registration or renewal of registration is entitled to registration or renewal of registration (as the case requires) if the person—\n\t(a)\thas the qualifications and experience required by regulation for registration or the renewal of registration (as the case requires); and\n\t(b)\tsatisfies the Registrar as to any other matter or requirement prescribed by the regulations; and\n\t(c)\tpays the relevant fee fixed by regulation.\n\t(3)\tA person who is not entitled to practise as a legal practitioner because his or her name has been struck off the roll of legal practitioners in this State or elsewhere or because of other disciplinary action taken against him or her is not eligible to become or remain registered as an agent.\n\t(4)\tRegistration will be granted or renewed for a period (not exceeding 2 years) determined by the Registrar.\n\t(5)\tThe Governor may, by regulation, establish a code of conduct to be observed by registered agents.\n\t(6)\tThe code of conduct may (for example) deal with the following matters:\n\t(a)\tit may regulate the fees to be charged by registered agents;\n\t(b)\tit may require proper disclosure of fees before the registered agent undertakes work for a client;\n\t(c)\tit may limit the extent to which a registered agent may act on the instructions of an unregistered association.\n27—Inquiries into conduct of registered agents or other representative\n\t(1)\tThe Registrar may inquire into the conduct of a registered agent or other representative in order to determine whether proper grounds for disciplinary action exist.\n\t(2)\tProper grounds for disciplinary action exist if—\n\t(a)\tin the case of a registered agent—\n\t(i)\tthe agent commits a breach of the code of conduct; or\n\t(ii)\tthe agent is not a fit and proper person to remain registered as an agent; or\n\t(b)\tin the case of another representative—the representative's conduct falls short of the standards that should reasonably be expected of a person undertaking the representation of another in proceedings before SAET.\n\t(3)\tIf, on inquiry, the Registrar finds that proper grounds for disciplinary action exist, the Registrar may—\n\t(a)\tissue a letter of admonition; or\n\t(b)\tif the representative is a legal practitioner—refer the matter to the Legal Profession Conduct Commissioner for investigation; or\n\t(c)\tif the representative is a registered agent—\n\t(i)\tsuspend the agent's registration for a period of up to 6 months; or\n\t(ii)\tcancel the agent's registration.\n\t(4)\tAn appeal lies to SAET against a decision of the Registrar under subsection (3)(c).\n\t(5)\tAn appeal must be instituted in accordance with the rules of SAET.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"Concurrent appointments—other industrial authorities","content":"Part 4—Concurrent appointments—other industrial authorities\n28—Concurrent appointments\n\t(1)\tA member of SAET may, with the Minister's approval, be appointed also as a member of an industrial authority under the law of the Commonwealth or another State.\n\t(2)\tIf the Minister revokes an approval under subsection (1), the member must resign from office as a member of the other industrial authority.\n\t(3)\tA member of an industrial authority constituted under the law of the Commonwealth or another State may be appointed also as a member of SAET (to hold a position within SAET determined by the President after consultation with the Minister) and, if such an appointment is made, this Act applies with the following qualifications:\n\t(a)\tthe appointment terminates if the member ceases for any reason to hold office as a member of the relevant industrial authority;\n\t(b)\tthe member is not entitled to be remunerated as a member of SAET but is entitled, in circumstances determined by the Governor, to allowances for expenses at rates fixed by the Governor.\n\t(4)\tIf a member holds concurrent appointments, then—\n\t(a)\tif the member was appointed first to SAET and subsequently to the other industrial authority, the extent the member performs the duties of a member of that other industrial authority will be determined by agreement between the President and the head of that other industrial authority; or\n\t(b)\tif the member was appointed first to the other industrial authority and subsequently to SAET, the extent the member performs the duties of a member of SAET will be determined by agreement between the President and the head of that other industrial authority.\n29—Powers of member holding concurrent appointments\nA member who holds concurrent appointments under this Part may, in an appropriate case, simultaneously exercise powers deriving from both or all appointments.\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"Special provisions relating to monetary claims etc","content":"Part 5—Special provisions relating to monetary claims etc\n30—Interpretation\nmonetary claim means a claim under section 9 or a claim for a sum or a debt under section 10.\n31—Limitation of action\nA monetary claim must be made within 6 years after the sum claimed became payable, but no time limitation applies to a claim for the non-payment of superannuation contributions.\n32—Who may make a claim\n\t(1)\tA monetary claim may be made on behalf of the claimant by an association.\n\t(2)\tA monetary claim may be made by a minor as if the minor had attained the age of majority.\n\t(3)\tA claim relating to money that should have been paid to or for the benefit of a person who is now dead may be made by the personal representative of the deceased person or a beneficiary of the deceased person's estate.\n33—Simultaneous proceedings not permitted\nThe South Australian Employment Court may not hear a monetary claim if it appears that proceedings based on the same claim have begun in another court and the proceedings have not been withdrawn or struck out.\n34—Judgment to include interest\n\t(1)\tUnless there is good reason for not doing so, the South Australian Employment Court must, on the application of a party in favour of whom a judgment is made for the payment of a monetary amount, include in the judgment an award of interest or a lump sum instead of interest.\n\t(1a)\tAn award of interest, or lump sum instead of interest, determined under this section must take into account the period between the day the relevant cause of action arose and the day the judgment is delivered.\n\t(a)\tthe South Australian Employment Court may not authorise the award of interest on interest; and\n\t(b)\tif interest is payable because of an antecedent right, the award may reflect the antecedent right but may not create a right to additional interest; and\n\t(c)\tthe South Australian Employment Court may not award interest on an amount for which judgment is given by consent except by consent of the parties.\n\t(3)\tThis section applies in respect of any claim under Part 1 for payment of a sum due or other monetary amount.\n35—Monetary judgment\n\t(1)\tThe South Australian Employment Court may authorise or direct that a monetary amount awarded be paid in instalments.\n\t(2)\tThe South Australian Employment Court may direct that compensation for non-payment of contributions that should have been, but were not, made to a superannuation fund be paid to a superannuation fund on the claimant's behalf.\n\t(3)\tThis section applies in respect of any claim under Part 1 for payment of a sum due or other monetary amount.\n36—Costs\n\t(1)\tThe South Australian Employment Court may only award costs in proceedings based on a monetary claim as follows—\n\t(a)\tthe Court may award costs on a claim for non-payment of superannuation contributions to cover reasonable expenses incurred by the claimant to establish the present value of the loss; and\n\t(b)\tthe Court may award costs on an appeal.\n\t(2)\tIn connection with the operation of subsection (1)(b), a party to appeal proceedings may only be ordered to pay costs incurred by another party to the proceedings if—\n\t(a)\tthe Court is satisfied that the party instituted the proceedings vexatiously or without reasonable cause; or\n\t(b)\tthe Court is satisfied that the party's unreasonable act or omission caused the other party to incur the costs.\n\t(3)\tThis section does not apply in relation to a claim under section 10.\nChapter 3—Employment\nPart A1—Interpretation\n65—References to SAET\nA reference in this Chapter to SAET is a reference to SAET constituted as an industrial relations commission.\nPart 1—General conditions of employment\nDivision 1—Basic contractual features\n66—Basis of contract of employment\nA contract of employment may be for a fixed term, or on a monthly, fortnightly, weekly, daily, hourly or other basis.\n67—Accrual of wages\n\t(1)\tWages accrue under a contract of employment from week to week.\n\t(a)\tif an employee is employed on an hourly basis, wages accrue from hour to hour; and\n\t(b)\tif an employee is employed on a daily basis, wages accrue from day to day; and\n\t(c)\tif a person is employed on neither an hourly nor a daily basis, but the period of employment is less than a week, wages accrue at the end of the period of employment.\n68—Form of payment to employee\n\t(1)\tIf an employee does work for which the remuneration is fixed by an award or enterprise agreement, the employer must pay the employee in full, and without deduction, the remuneration so fixed.\n\t(2)\tThe payment must be made—\n\t(a)\tin cash; or\n\t(b)\tif authorised in writing by the employee or in an award or enterprise agreement by an employee association whose membership includes the employee or employees who do the same kind of work—\n\t(i)\tby cheque (which must be duly met on presentation at the ADI on which it is drawn) payable to the employee; or\n\t(ii)\tby postal order or money order payable to the employee; or\n\t(iii)\tby payment into a specified account with a financial institution.\n\t(3)\tHowever, the employer may deduct from the remuneration—\n\t(a)\tan amount the employer is authorised, in writing, by the employee to deduct and pay on behalf of the employee; and\n\t(b)\tan amount the employer is authorised to deduct and pay on behalf of the employee under an award or enterprise agreement; and\n\t(c)\tan amount the employer is authorised or required to deduct by order of a court, or under a law of the State or the Commonwealth.\n\t(4)\tAn employee may, by giving written notice to the employer, withdraw an authorisation under this section.\n\t(5)\tDespite the other provisions of this section, remuneration may be paid by the Crown to an employee by cheque or by payment into an account with a financial institution specified by the employee, but, if payment is by cheque, there must be no deduction from the amount payable because the payment is made by cheque.\n\t(6)\tAn employer who fails to comply with a requirement under subsection (2) or (5) is guilty of an offence.\nMaximum penalty: $3 250.\nExpiation fee: $325.\nDivision 2—Contracts to be construed subject to relevant minimum standards\n69—Remuneration\n\t(1)\tA contract of employment is to be construed as if it provided for remuneration in accordance with the minimum standard for remuneration in force under this section unless—\n\t(a)\ta rate that is more favourable to the employee is fixed by the contract of employment; or\n\t(b)\tthe rate of remuneration is fixed in accordance with an award or enterprise agreement.\n\t(2)\tA rate of remuneration fixed by a contract of employment, or an award or enterprise agreement, must be consistent with the Equal Remuneration Convention.\n\t(3)\tThe minimum standard for remuneration in force under this section is a standard established by a Full Bench of SAET in accordance with the following provisions:\n\t(b)\tproceedings to establish the standard may be commenced by application by a peak entity, or by SAET acting on its own initiative;\n\t(c)\ta minimum standard for remuneration must—\n\t(i)\tfix a minimum weekly wage for an adult working ordinary hours; and\n\t(ii)\tfix a minimum hourly rate for an adult working on a casual basis; and\n\t(iii)\tfix age-based gradations for juniors having regard to existing award conditions; and\n\t(iv)\tcover such other incidental or related matters as should, in the opinion of SAET, be dealt with in the minimum standard.\n70—Sick leave/carer's leave\n\t(1)\tA contract of employment is to be construed as if it provided for sick leave/carer's leave in terms of the minimum standard for sick leave/carer's leave in force under this section unless—\n\t(2)\tThe minimum standard for sick leave/carer's leave in force under this section is—\n\t(a)\tthe standard set out in Schedule 3; or\n\t(a)\treview the minimum standard for sick leave/carer's leave in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(4)\tAn application under subsection (3) must not be made within 2 years after the completion of a previous review of the standard by SAET under this section.\n70A—Bereavement leave\n\t(1)\tA contract of employment is to be construed as if it provided for bereavement leave in terms of the minimum standard for bereavement leave in force under this section unless—\n\t(2)\tThe minimum standard for bereavement leave in force under this section is—\n\t(a)\tthe standard set out in Schedule 3A; or\n\t(a)\treview the minimum standard for bereavement leave in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(4)\tAn application under subsection (3) must not be made—\n\t(a)\twithin 2 years after the commencement of this section; or\n\t(b)\twithin 2 years after the completion of a previous review of the standard by SAET under this section.\n70B—Family and domestic violence leave\n\t(1)\tA contract of employment is to be construed as if it provided for family and domestic violence leave in terms of the minimum standard for family and domestic violence leave in force under this section unless the provisions of the contract are more favourable to the employee.\n\t(2)\tThe minimum standard for family and domestic violence leave in force under this section is—\n\t(a)\tthe standard set out in Schedule 3B; or\n\t(a)\treview the minimum standard for family and domestic violence leave in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(4)\tAn application under subsection (3) must not be made—\n\t(a)\twithin 2 years after the commencement of this section; or\n\t(b)\twithin 2 years after the completion of a previous review of the standard by SAET under this section.\n71—Annual leave\n\t(1)\tA contract of employment is to be construed as if it provided for annual leave in terms of the minimum standard for annual leave in force under this section unless—\n\t(2)\tThe minimum standard for annual leave in force under this section is—\n\t(a)\tthe standard set out in Schedule 4; or\n\t(a)\treview the minimum standard for annual leave in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(4)\tAn application under subsection (3) must not be made within 2 years after the completion of a previous review of the minimum standard by SAET under this section.\n72—Parental leave\n\t(1)\tA contract of employment is to be construed as if it provided for maternity, paternity and adoption leave (and associated part-time work) in terms of the minimum standard for parental leave in force under this section unless—\n\t(2)\tThe minimum standard in force under this section is—\n\t(a)\tthe standard set out in Schedule 5; or\n\t(a)\treview the minimum standard for parental leave in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(4)\tAn application under subsection (3) must not be made within 2 years after the completion of a previous review of the minimum standard by SAET under this section.\n72A—Minimum standards—additional matters\n\t(1)\tA Full Bench of SAET may, on application by a peak entity, establish a standard relating to paid parental leave that, subject to this section, is also to apply as a minimum standard to all employers and employees.\n\t(2)\tA contract of employment is to be construed as if it incorporated any minimum standard established under subsection (1) unless—\n\t(3)\tSAET may, when substituting or establishing a standard under this Division, exclude an award from the ambit of the standard (or a part of the standard).\n\t(4)\tSubject to subsections (5) and (6), a standard substituted or established by SAET under this Division prevails over a preceding award to the extent that the standard is more favourable to employees than any standard prescribed by the particular award.\n\t(5)\tA party to an award may, within 28 days after a standard is set by SAET under this Division, apply to SAET to have the award excluded from the ambit of the standard (or a part of the standard).\n\t(6)\tSAET may grant an application under subsection (5) if (and only if) SAET is satisfied that there are cogent reasons for doing so taking into account matters or conditions that specifically apply or prevail in the relevant industry or industries.\n\t(7)\tSAET may grant an application under subsection (5) on such conditions as SAET thinks fit.\n\t(8)\tSAET, in acting under this Division—\n\t(a)\tmust ensure that each peak entity is notified of the relevant proceedings and allowed a reasonable opportunity to make representations; and\n\t(b)\tmay (as it thinks fit) receive and take into account oral or written representations (or both) from any other person or persons who have, in the opinion of SAET, a proper interest in the matter.\n72B—Special provision relating to severance payments\n\t(1)\tA Full Bench of SAET must establish a minimum standard for severance payments on termination of employment for redundancy that will apply in the manner contemplated by subsection (5).\n\t(2)\tSAET may thereafter, on application by a peak entity—\n\t(a)\treview the minimum standard for severance payments on termination of employment for redundancy in force under this section; and\n\t(b)\tif satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.\n\t(3)\tAn application under subsection (2) must not be made within 2 years after the completion of previous proceedings to establish or review the standard by SAET.\n\t(4)\tSAET, in acting under this section—\n\t(a)\tmust ensure that each peak entity is notified of the relevant proceedings and allowed a reasonable opportunity to make representations; and\n\t(b)\tmay (as it thinks fit) receive and take into account oral or written representations (or both) from any other person or persons who have, in the opinion of SAET, a proper interest in the matter.\n\t(5)\tSAET may, on application by—\n\t(a)\tan employee (or a group of employees); or\n\t(b)\ta registered association acting on behalf of an employee or a group of employees,\nmake an order applying the minimum standard for severance payments in such manner as SAET thinks fit.\n\t(6)\tAn application may be made under subsection (5) if (and only if)—\n\t(a)\t—\n\t(i)\tthe relevant employee or employees have been given notice of a pending redundancy or redundancies; or\n\t(ii)\tthe employment of the relevant employee or employees has been terminated for redundancy; and\n\t(b)\tthe application is made within 21 days after the notice is given or the employment is terminated.\n\t(7)\tAn order under subsection (5)—\n\t(a)\tneed not be made by SAET; and\n\t(b)\tmay provide for the variation of the minimum standard for severance payments in the circumstances of the particular case; and\n\t(c)\tmay be made on such conditions as SAET thinks fit.\n\t(8)\tSAET must only act under subsection (7)(b) if satisfied that there are cogent reasons for doing so.\nPart 2—Regulation of industrial matters by enterprise agreements\n73—Objects of this Part\nThe objects of this Part are—\n\t(a)\tto encourage and facilitate the making of agreements governing remuneration, conditions of employment and other industrial matters at the enterprise or workplace level; and\n\t(b)\tto provide a framework for fair and effective negotiation and bargaining between employers and employees with a view to the making of such agreements and to provide for the participation of associations in the process of negotiation and bargaining; and\n\t(c)\tto ensure that award remuneration and conditions of employment operate as a safety net underpinning the negotiated agreements at the enterprise or workplace level; and\n\t(d)\tto provide for improved flexibility in conditions of employment at the enterprise and workplace level with consequent increases in efficiency and productivity.\n74—Nature of enterprise agreement\nAn enterprise agreement may be made about remuneration and other industrial matters.\n75—Who may make enterprise agreement\n\t(1)\tAn enterprise agreement may be made between—\n\t(a)\t1 or more employers;\n\t(b)\ta group of employees.\n\t(2)\tA registered association may enter into an enterprise agreement on behalf of—\n\t(a)\tany member or members of the association who have given the association an authorisation to negotiate the enterprise agreement on their behalf; or\n\t(b)\tany group of employees (whether or not members of the association) if the association is authorised, after notice has been given as required by the regulations, by a majority of the employees constituting the group to negotiate the enterprise agreement on behalf of the group.\n\t(3)\tA member of an association is taken to have given the association an authorisation for the purposes of subsection (2) for as long as the member remains a member of the association unless the member, by written notice given to the association, withdraws the authorisation.\n\t(4)\tAn authorisation given to an association by an employee who is not a member of the association—\n\t(a)\tcannot be given generally but must be specifically related to a particular proposal for an enterprise agreement; and\n\t(b)\tremains in force (subject to revocation by written notice given to the association) until the relevant enterprise agreement is rescinded or superseded.\n\t(5)\tIf—\n\t(a)\tan employer proposes to have an enterprise agreement with a group of employees who are yet to be employed by the employer; and\n\t(b)\tthe employees—\n\t(i)\tare of a class not currently, or formerly, employed by the employer or a related employer in South Australia; or\n\t(ii)\tare to be engaged in operations of a kind that are not currently, and have not been formerly, carried on by the employer or a related employer in South Australia,\nthe employer may enter, on a provisional basis, into an enterprise agreement binding on the employees who become members of the group (a provisional enterprise agreement) with a registered association of employees (or both).\n\t(7)\tA notice under subsection (6) must include details of the group of employees to which the agreement is to apply.\n\t(9)\tA person who becomes, or ceases to be, a member of a group of employees defined in an enterprise agreement as the group bound by the agreement, becomes or ceases to be bound by the enterprise agreement (without further formality).\n76—Negotiation of enterprise agreement\n\t(1)\tAn employer must, before beginning negotiations on the terms of an enterprise agreement give the employees who may be bound by the agreement at least 14 days' notice, in accordance with procedures prescribed by regulation, that negotiations are about to begin (but notice is not required if the agreement is negotiated to settle an industrial dispute, or SAET determines that there is good reason in the circumstances of the case to exempt the employer from this requirement).\n\t(2)\tThe employer must, before beginning negotiations on the terms of an enterprise agreement, inform the employees of their right to representation in the negotiation, and proceedings for approval, of the agreement and, in particular, that an employee may be represented by an agent of an employee's choice, or a registered association of employees.\n\t(3)\tIf an employer is aware that an employee is a member of a registered association, the employer must, before beginning negotiations on the terms of an enterprise agreement, take reasonable steps to inform the association that the negotiations are about to begin.\n\t(4)\tAn employer who negotiates an enterprise agreement with employees who are subject to an award must ensure that the employees have reasonable access to the award.\n\t(5)\tA person involved in negotiations for an enterprise agreement must comply with procedures and formalities applicable to that person that are required by regulation.\n\t(5a)\tIf an employee involved in negotiations for an enterprise agreement suffers from an intellectual disability that prevents the employee from having a proper understanding of the negotiations, then any of the following may negotiate on the employee's behalf and take any steps that the employee might take if he or she did not suffer from the disability:\n\t(a)\ta person who is—\n\t(i)\ta guardian at law of the employee; or\n\t(ii)\tthe donee of a power of attorney from the employee; or\n\t(iii)\ta substitute decision‑maker under an advance care directive (within the meaning of the Advance Care Directives Act 2013) given by the employee (being a substitute decision‑maker who is authorised to make decisions relating to the employee's employment); or\n\t(b)\ta person appointed to represent the employee's interests for the purposes of this Act by a person within the ambit of paragraph (a).\n\t(6)\tThis section does not prevent employees or a registered association of employees from initiating negotiations on a proposed enterprise agreement, but in that case, the employer must, before entering into the negotiations, give the notice and information required by this section to ensure that the interests of all employees who may be affected by the proposed agreement are properly protected.\n\t(7)\tThis section does not apply to negotiations on the terms of an enterprise agreement that is to be entered into on a provisional basis.\n76A—Best endeavours bargaining\n\t(1)\tThe parties to the negotiations must use their best endeavours to resolve questions in issue between them by agreement.\n\t(2)\tIn particular, the parties to the negotiations (or their duly authorised representatives)—\n\t(a)\tmust meet at reasonable times, and at reasonable places, for the purpose of commencing and furthering the negotiations; and\n\t(b)\tmust state and explain their position on the questions at issue to all other parties to the negotiations; and\n\t(c)\tmust disclose relevant and necessary information; and\n\t(d)\tmust act openly and honestly; and\n\t(e)\tmust not alter or shift the ground of negotiation by capriciously adding matters for consideration or excluding matters from consideration; and\n\t(f)\tmust adhere to agreed negotiation procedures; and\n\t(g)\tmust adhere to agreed outcomes and commitments; and\n\t(h)\tif the parties are able to arrive at an agreed timetable for achieving agreement—must use their best endeavours to meet the timetable.\n\t(3)\tSAET may, on the application of a party to any negotiations, give directions to resolve any dispute as to the composition of the group of employees for negotiating purposes.\n\t(4)\tAn employer cannot be required, as part of any negotiations under this Part, to produce any financial records relating to any business or undertaking of the employer.\n\t(5)\tSAET may, on the application of a party to the negotiations, take steps to resolve a matter by conciliation.\n\t(6)\tNothing in a preceding subsection prevents a party to negotiations for an enterprise agreement deciding to withdraw from the negotiations entirely.\n77—Form and content of enterprise agreement\n\t(1)\tAn enterprise agreement—\n\t(a)\tmust be in writing; and\n\t(b)\tmust—\n\t(i)\tspecify the employer to be bound by the agreement; and\n\t(ii)\tdefine the group of employees to be bound by the agreement; and\n\t(c)\tmust include procedures for preventing and settling industrial disputes between the employer and employees bound by the agreement; and\n\t(d)\tif a majority of at least two-thirds of the total number of employees to be covered by the agreement agree—may include a provision giving an association of employees that is able to represent the industrial interests of the employees' rights to represent the industrial interests of those employees to the exclusion of another association of employees1; and\n\t(e)\tmust provide that sick leave is available, subject to limitations and conditions prescribed in the agreement, to an employee if the leave becomes necessary because of the sickness of a child, spouse, domestic partner, parent or grandparent (unless the agreement specifically excludes the extension of sick leave to such circumstances); and\n\t(f)\tmust make provision for the renegotiation of the agreement at the end of its term; and\n\t(g)\tmust be signed as required by regulation by or on behalf of the employer, and on behalf of the group of employees, to be bound by the agreement.\n\t(2)\tAn enterprise agreement should be submitted to SAET for approval within 21 days after the agreement is signed by or on behalf of the persons who are to be bound by it.\n","sortOrder":6},{"sectionNumber":"1","sectionType":"section","heading":"However, the provision must be consistent with section 116(1).","content":"1\tHowever, the provision must be consistent with section 116(1).\n78—Enterprise agreement has no force or effect without approval\nAn enterprise agreement has no force or effect unless approved by SAET.\n79—Approval of enterprise agreement\n\t(1)\tExcept as otherwise provided, SAET must approve an enterprise agreement if, and must not approve an enterprise agreement unless, it is satisfied that—\n\t(a)\tbefore the application for approval was made, reasonable steps were taken—\n\t(i)\tto inform the employees who are covered by the agreement about the terms of the agreement and the intention to apply to SAET for approval of the agreement; and\n\t(ii)\tto explain to those employees, the effect the agreement will have if approved and, in particular—\n\t•\tto identify the terms of an industrial instrument (if any) that currently apply to the employees and will, if the agreement is approved, be excluded by the agreement; and\n\t•\tif the agreement supersedes an earlier enterprise agreement, to identify the differences in the terms of the agreements; and\n\t•\tto explain the procedures for preventing and settling industrial disputes as prescribed by the agreement; and\n\t•\tto inform the employees of their right to representation in the negotiation, and proceedings for approval, of the agreement and, in particular, that an employee may be represented by an agent of an employee's choice, or an association of employees; and\n\t(b)\tthe agreement has been negotiated without coercion and a majority of the employees covered by the agreement have genuinely agreed to be bound by it; and\n\t(c)\tif the agreement is entered into by a registered association as representative of 1 or more employees bound by the agreement—SAET is satisfied (in such manner as it thinks fit) that the association is authorised to act in accordance with the provisions of this Act; and\n\t(d)\tthe agreement provides for consultation between the employer and the employees bound by the agreement about changes to the organisation and performance of work or the parties have agreed that it is not appropriate for the agreement to contain provision for such consultation; and\n\t(e)\tthe agreement—\n\t(i)\tis, on balance, in the best interests of the employees covered by the agreement (taking into account the interests of all employees); and\n\t(ii)\tdoes not provide for remuneration or other conditions of employment that are inferior to the standards that apply under Part 1 Division 2; and\n\t(iii)\tdoes not provide for remuneration or conditions of employment that are (considered as a whole) inferior to remuneration or conditions of employment (considered as a whole) prescribed by an award under this Act that applies to the employees at the time of the application for approval; and\n\t(f)\tthe agreement is consistent with the objects of this Part; and\n\t(g)\tthe agreement complies with the other requirements of this Act.\n\t(1a)\tThe agreement of employees to be bound by a proposed enterprise agreement may be indicated by ballot or in some other way.\n\t(1b)\tIf a ballot of employees is taken—\n\t(a)\tSAET must be satisfied that—\n\t(i)\tall employees were given a reasonable opportunity to participate in the ballot; and\n\t(ii)\tthe ballot was conducted in accordance with the rules for the conduct of ballots (if any) laid down by regulation; and\n\t(iii)\ta majority of the employees casting valid votes at the ballot voted in favour of the proposal; and\n\t(b)\tif SAET is so satisfied, it will be presumed that a majority of the total number of the employees (including those who did not vote at the ballot) is in favour of the proposal.\n\t(1c)\tIn deciding whether an agreement is in the best interests of an employee with a disability, SAET must have regard to the Supported Wage System of the Commonwealth (or any system that replaces it), and any other relevant national disability standard identified by or under the regulations.\n\t(2)\tSAET must refuse to approve an enterprise agreement if a provision of the agreement discriminates against an employee because of, or for reasons including, race, colour, sex, sexual preference, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n\t(3)\tSAET must not approve an enterprise agreement if the agreement applies to part of a single business or a distinct operational or organisational part of a business and SAET considers that—\n\t(a)\tthe agreement does not cover employees who should be covered having regard to—\n\t(i)\tthe nature of the work performed by the employees whom the agreement does cover; and\n\t(ii)\tthe relationship between that part of the business and the rest of the business; and\n\t(b)\tit is unfair that the agreement does not cover those employees.\n\t(4)\tIn deciding whether to approve an enterprise agreement, SAET must identify the employees (if any) who are covered by the agreement but whose interests may not have been sufficiently taken into account in the course of negotiations and must do whatever is necessary to ensure that those employees understand the effect of the agreement and their interests are properly taken into account.\n\t(5)\tDespite subsection (1)(e)(ii) and (iii), a Full Bench of SAET may, on referral of an enterprise agreement by a member of SAET who considered the agreement in the first instance, approve the agreement if SAET is satisfied that—\n\t(a)\ta majority of at least two-thirds of the total number of employees to be covered by the agreement is in favour of making the agreement; and\n\t(b)\tthe enterprise is suffering significant economic difficulties; and\n\t(c)\tthe agreement would make a material contribution to the alleviation of those difficulties; and\n\t(d)\tthere are reasonable prospects of the economic circumstances of the enterprise improving within the term of the agreement; and\n\t(e)\thaving regard to any relevant award under this Act (which should be considered as a whole) the agreement does not substantially disadvantage the employees covered by the agreement.\n\t(6)\tAn enterprise agreement may be referred to a Full Bench of SAET for approval if the member of SAET before whom the question of approval comes in the first instance is in serious doubt about whether the agreement should be approved.\n\t(7)\tIf an enterprise agreement is to be entered into on a provisional basis—\n\t(a)\tthe prescribed provisions do not apply to its approval under this section; but\n\t(b)\tthe agreement may only be approved on condition that—\n\t(i)\tthe agreement is to be renegotiated between the employer and the group of employees within a period (not exceeding 6 months) SAET considers appropriate in the circumstances and fixes on approving it; and\n\t(ii)\tif, in the course of the renegotiation, the employer and the group1 reach agreement (either in the same or on different terms), the agreement is, on its approval under this Part, to take the place of the provisional agreement and, if agreement is not reached, the provisional agreement lapses at the end of the period fixed for its renegotiation.\nExplanatory note—\nThe prescribed provisions are subsection (1)(a), (b), (c) and subsections (4) and (5).\n\t(9)\tIf SAET is of the opinion that grounds may exist for withholding approval of an enterprise agreement but—\n\t(a)\tan undertaking is given to SAET by one or more of the persons who are to be bound by the agreement (or by a duly authorised representative on their behalf) about how the agreement is to be interpreted or applied; and\n\t(b)\tSAET is satisfied that the undertaking adequately deals with the aspects of the agreement that might otherwise lead SAET to withhold its approval,\nSAET may incorporate the undertaking as part of the agreement, or amend the agreement to conform with the undertaking, and approve the agreement in its modified form.\n\t(10)\tBefore SAET rejects an application for approval for an enterprise agreement on the ground that its provisions do not meet the criteria for approval, it should identify the aspects of the agreement that are of concern to SAET and allow a reasonable opportunity for the renegotiation of those aspects of the agreement.\n\t(11)\tSAET may approve an enterprise agreement without proceeding to a formal hearing if SAET—\n\t(a)\tis satisfied on the basis of documentary material submitted in support of the application that the agreement should be approved; and\n\t(b)\thas given public notice of its intention to approve the agreement in accordance with the rules.\n1\tThe group may, if the appropriate authorisation exists, be represented in the negotiations by an association or associations of employees—See section 75.\n80—Extent to which aspects of negotiations and terms of the agreement are to be kept confidential\n\t(1)\tAn association that enters into an enterprise agreement as representative of a group of employees, must not disclose to the employer which employees authorised the association to act on their behalf.\n\t(a)\tan association, if authorised in writing by an employee, may disclose to an employer that the association is authorised to act on behalf of the employee; and\n\t(b)\tan association may be authorised by SAET to disclose to an employer the identity of employees who authorised the association to act on their behalf and may be required by SAET to disclose the identity of those employees to SAET.\n\t(3)\tAn enterprise agreement, once approved, must be lodged in the Registrar's office and must, subject to an order under subsection (4), be available for public inspection.\n\t(4)\tSAET may, if satisfied that an order under this subsection is justified by the exceptional nature or circumstances of the case, declare that an enterprise agreement or a particular part of an enterprise agreement is to be kept confidential to the persons bound by it, and make an order suppressing public disclosure of the agreement or the relevant part of the agreement.\n\t(5)\tA person must not contravene an order of SAET under subsection (4).\n81—Effect of enterprise agreement\n\t(1)\tAn enterprise agreement prevails over a contract of employment to the extent the agreement is inconsistent with the contract.\n\t(2)\tHowever, if an employer and employee agree, at or after the time of entering into an enterprise agreement, that a term of a contract of employment that is more beneficial to an employee than the corresponding provision of the enterprise agreement is to prevail despite the enterprise agreement, the contractual term prevails over the corresponding provision of the enterprise agreement.\n\t(3)\tAn enterprise agreement operates to exclude the application of an award only to the extent of inconsistency with the award.\n\t(4)\tSubject to subsection (5), if—\n\t(a)\tan enterprise agreement applies to the employees or a particular class of employees engaged in a particular business or undertaking; and\n\t(b)\ta new employer becomes the successor, transmittee or assignee of the whole or part of the business or undertaking,\nthe new employer succeeds to the rights and obligations of the employer under the enterprise agreement.\n\t(5)\tIf—\n\t(a)\tan employer is bound by an enterprise agreement (the outgoing employer); and\n\t(b)\tanother employer (the incoming employer) then becomes, or is likely to become at a later time, the successor, transmittee or assignee of the whole or part of the business or undertaking of the outgoing employer,\nSAET may, on application under this subsection, by order—\n\t(c)\tvary the enterprise agreement; or\n\t(d)\trescind the enterprise agreement.\n\t(6)\tAn application under subsection (5) may be made—\n\t(a)\tby the outgoing employer (including such an employer who was previously an incoming employer), while he or she is still the employer under the enterprise agreement; or\n\t(b)\tby the incoming employer after he or she takes over the whole or a part of the business or undertaking of the outgoing employer; or\n\t(c)\tby an employee bound by the enterprise agreement (or a group of such employees) after the incoming employer takes over the whole or a part of the business or undertaking of the outgoing employer; or\n\t(d)\tby a registered association acting on behalf of an employee or a group of employees bound by the enterprise agreement after the incoming employer takes over the whole or a part of the business or undertaking of the outgoing employer.\n\t(7)\tSAET may make an order on application under subsection (5) if (and only if)—\n\t(a)\tthe order only relates to provisions that regulate the performance of duties by employees or that relate to the remuneration of employees; and\n\t(b)\tSAET is satisfied that exceptional circumstances exist justifying the making of the order; and\n\t(c)\tSAET is satisfied—\n\t(i)\tthat the order will not disadvantage employees in relation to their terms and conditions of employment; or\n\t(ii)\tthat the order will assist in a reasonable strategy on the part of the employer to deal with a short-term crisis in, and to assist in the revival of, the relevant business or undertaking.\n\t(8)\tFor the purposes of subsection (7), an order disadvantages an employee or employees in relation to their terms and conditions of employment if, on balance, its making would result in a reduction in the overall terms and conditions of employment of that employee or those employees.\n\t(9)\tSAET must, in making an order under subsection (5), take into account the length of time remaining until the end of the term of the enterprise agreement.\n\t(10)\tAn order under subsection (5)—\n\t(a)\tmust not take effect before the transfer of the relevant business or undertaking to the incoming employer;\n\t(b)\tmay be made on the basis that the incoming employer will only be bound by the enterprise agreement for a limited period of time (and then the enterprise agreement will be taken to be rescinded);\n\t(c)\tmay be made on the basis that any variation to the enterprise agreement will only have effect for a limited period of time.\n\t(11)\tNothing in this section limits the ability to vary or rescind an enterprise agreement under another provision.\n82—SAET's jurisdiction to act in disputes under an enterprise agreement\n\t(1)\tAn enterprise agreement cannot limit—\n\t(a)\tSAET's powers of conciliation; or\n\t(b)\tSAET's powers to settle industrial disputes between the employer and the employees bound by the agreement.\n\t(a)\tbefore SAET intervenes in an industrial dispute between an employer and employees bound by an enterprise agreement, SAET should ensure that the procedures laid down in the agreement for settling industrial disputes have been followed and have failed to resolve the dispute; and\n\t(b)\ta determination made by SAET in settlement of such a dispute—\n\t(i)\tmust not be made in relation to a condition of employment that is a subject matter of the agreement (unless the determination is to correct an ambiguity or uncertainty in the agreement); and\n\t(ii)\tmust be consistent with the agreement.\n\t(3)\tSAET may, in acting under this section, settle a dispute over the application of an enterprise agreement.\n83—Duration of enterprise agreement\n\t(1)\tAn enterprise agreement is to be made for a term (not exceeding 4 years) stated in the agreement.\n\t(2)\tAt least 28 days before the end of the term of an enterprise agreement, SAET must give written notice to the parties to the agreement advising them that the term of the agreement is about to end.\n\t(3)\tAfter giving the notice, SAET may, on its own initiative or on the application of a party, invite the parties to an enterprise agreement to a conference to explore the possibility of renegotiating the agreement.\n\t(4)\tDespite the expiration of the term stated in the enterprise agreement, the agreement continues in force until superseded or rescinded.\n84—Power of SAET to vary or rescind an enterprise agreement\n\t(1)\tSAET may vary an enterprise agreement—\n\t(a)\tto give effect to an amendment agreed between the employer and a majority of the employees currently bound by the agreement; or\n\t(b)\tto correct an ambiguity or uncertainty in the agreement; or\n\t(c)\tto bring the agreement into conformity with an undertaking on the basis of which the agreement was approved.\n\t(2)\tIn deciding whether to vary an enterprise agreement, SAET must (unless the variation is merely to correct an ambiguity or uncertainty) apply the same tests as apply to the approval of an enterprise agreement.\n\t(3)\tSAET may rescind an enterprise agreement during its term if satisfied that the employer and a majority of the employees currently bound by the agreement want it rescinded.\n\t(4)\tA party to an enterprise agreement, an employee bound by the agreement, or a registered association with at least 1 member who is bound by the agreement, may apply to SAET for an order rescinding the agreement after the end of the term of the agreement.\n\t(5)\tOn receiving an application for rescission under subsection (4), SAET must take such steps as it considers appropriate to obtain the views of the persons bound by the agreement about whether the agreement should be rescinded.\n\t(6)\tIf on an application under subsection (4) SAET is satisfied—\n\t(a)\tthat the employer or a majority of the employees bound by the agreement want it rescinded; and\n\t(b)\tthat the rescission of the agreement will not unfairly advance the bargaining position of a particular person or group in the circumstances of the particular case,\nSAET may rescind the agreement.\n85—SAET may release party from obligation to comply with enterprise agreement\n\t(1)\tIf an employer or employee bound by an enterprise agreement engages in industrial action in relation to a matter dealt with in the agreement, SAET may, on application by another person bound by the agreement who is affected by the industrial action, order that the applicant be released from the agreement or that the terms of the agreement be varied in a specified way.\n\t(2)\tSubject to the terms of an enterprise agreement, SAET may, on application by a person bound by the agreement, include, omit or vary a term authorising the employer to stand down an employee.\n\t(3)\tSAET may only make an order under this section if satisfied it is fair and reasonable to do so.\n86—Limitation on SAET's powers\nSAET has no power to vary or rescind an enterprise agreement apart from the powers expressly conferred on SAET by this Part.\n87—Representation\nAn association of employers or employees may, subject to the provisions of any relevant enterprise agreement1, represent members of the association in negotiations and proceedings under this Part.\n1\tSee section 77(1)(d).\n88—Confidentiality\n\t(1)\tIf an enterprise agreement prohibits the disclosure of information of a confidential nature, a person who discloses the information contrary to the agreement is guilty of an offence.\n\t(2)\tHowever, an enterprise agreement cannot prohibit the disclosure of information of a statistical nature to the Minister.\nPart 3—Regulation of industrial matters by award\nDivision 1—Awards generally\n90—Power to regulate industrial matters by award\n\t(1)\tSAET may make or vary an award about remuneration and other industrial matters.\n\t(a)\tSAET cannot regulate the composition of an employer's workforce except in relation to the employment of juniors and apprentices; and\n\t(b)\tif there is an inconsistency between an award and an enterprise agreement, then, while the agreement continues in force, the agreement prevails to the extent of the inconsistency.\n\t(3)\tSAET may provide in an award for remuneration, leave or other conditions of employment that are more favourable to employees than the standards that apply under Part 1 Division 2.\n\t(4)\tSAET may refrain from hearing, further hearing, or determining an application for an award binding only one employer or two or more employers who together carry on a single business or for variation of such an award for so long as SAET—\n\t(a)\tconsiders that, in all the circumstances, the parties concerned should try to negotiate an enterprise agreement to deal with the subject matter of the application; and\n\t(b)\tis not satisfied that there is no reasonable prospect of the parties making such an agreement.\n\t(5)\tAn award may be made or varied on a provisional or interim basis.\n\t(6)\tIn making or varying an award, SAET is not restricted to the specific relief claimed by the parties, but may include in the award provisions SAET considers necessary or appropriate.\n\t(7)\tBefore SAET makes or varies an award, it must take reasonable steps to ensure that all persons who are to be bound by the award have been given a reasonable opportunity to appear and be heard before SAET.\n90A—Equity in remuneration\nIn making an award regulating remuneration, SAET must take all reasonable steps to ensure that the principle of equal remuneration for men and women doing work of equal or comparable value is applied (insofar as may be relevant).\n91—Who is bound by award\n\t(1)\tAn award of SAET is binding on all persons expressed to be bound by the award.\n\t(2)\tIf—\n\t(a)\tan award is expressed to apply to a particular employer, or to an employer engaged in a particular business or undertaking (the outgoing employer); and\n\t(b)\tanother employer (the incoming employer) becomes the successor, transmittee or assignee of the whole or part of the business or undertaking of the outgoing employer,\nthe incoming employer succeeds to rights and obligations of the outgoing employer under the award.\n\t(3)\tSubsection (2) operates subject to any provision made by SAET (on application under this Act) to vary or rescind the relevant award.\n92—Retrospectivity\n\t(1)\tAn award of SAET has, if it so provides, retrospective operation.\n\t(2)\tHowever, an award cannot operate retrospectively from a day antecedent to the day on which the application for the award was lodged with SAET unless—\n\t(a)\tthe date of operation is fixed by consent of all parties to the proceedings; or\n\t(b)\tthere is a nexus between the award and—\n\t(i)\tanother award of SAET; or\n\t(ii)\ta fair work instrument under the Commonwealth Act,\nand, in view of the nexus, it is imperative that there should be common dates of operation; or\n\t(c)\tthe award gives effect, in whole or part and with or without modification, to principles, guidelines or conditions relating to remuneration enunciated or laid down in, or attached to, a relevant decision or determination of the Fair Work Commission and there are reasons of exceptional cogency for giving it a retrospective operation.\n93—Form of awards\n\t(1)\tAn award must be expressed in plain English and must avoid unnecessary technicality and excessive detail.\n\t(2)\tAn award must be settled and sealed by the Registrar.\n94—Effect of awards on contracts\nAn award prevails over a contract of employment to the extent the award is more beneficial to the employee than the contract.\n95—Effect of multiple award provisions on remuneration\n\t(a)\tan employee is engaged in work of different classes; and\n\t(b)\tan award or awards fix different rates of remuneration for the different classes of work,\nthe remuneration of the employee is to be calculated by reference to the time spent in, and the rate of remuneration for, each class of work.\n\t(2)\tHowever, an award may fix a special rate of remuneration for an employee engaged in work of different classes.\n96—Duration of award\nAn award continues in operation, subject to its terms, and subject to amendment or revocation, until superseded by a later award.\n97—Effect of amendment or rescission of award\nThe variation or rescission of an award does not affect—\n\t(a)\tlegal proceedings previously commenced under or in relation to the award; or\n\t(b)\trights existing at the time of the variation or rescission.\n98—Consolidation or correction of awards\n\t(1)\tThe Registrar must ensure that the text of any award that has been amended by another award is consolidated to include the amendments at least once in each period of 12 months.\n\t(2)\tThe Registrar may, at any time, correct clerical or other errors in an award.\n","sortOrder":7},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Special provision relating to child labour","content":"Division 1A—Special provision relating to child labour\n98A—Special provision relating to child labour\n\t(1)\tSAET may, by award—\n\t(a)\tdetermine that children should not be employed in particular categories of work or in an industry, or a sector of an industry, specified by the award;\n\t(b)\timpose special limitations on hours of employment of children;\n\t(c)\tprovide for special rest periods for children who work;\n\t(d)\tprovide for the supervision of children who work;\n\t(e)\tmake any other provision relating to the employment of children as SAET thinks fit.\n\t(2)\tSubsection (1) does not limit the powers of SAET to make awards that relate to children under the other provisions of this Act.\n\t(3)\tWithout limiting subsection (1), SAET must, within 1 year after the commencement of this section, commence reviewing the awards applying under this Act that may be relevant to the employment of children to ensure that they reflect appropriate standards with respect to the employment of children (insofar as may be relevant).\n\t(4)\tSAET must, in acting under subsection (3), give priority to those awards that relate to industries (or sectors of industries) where the employment of children is most prevalent.\n\t(5)\tSAET may, in making an award under this section, make a determination that only relates to children of a specified age or ages.\n","sortOrder":8},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Special provision relating to trial work","content":"Division 1B—Special provision relating to trial work\n98B—Special provision relating to trial work\n\t(1)\tSAET may, by award—\n\t(a)\tdetermine that a person who undertakes a specified category of work (in any specified circumstances) on a trial basis in an industry, or a sector of an industry, specified by the award with a view to obtaining employment with the person from whom the work is performed is entitled to be paid for that work in accordance with the terms of the award;\n\t(b)\timpose limitations of the performance of work on a trial basis in an industry, or a section of an industry, specified in the award;\n\t(c)\tmake any other provision relating to work on a trial basis as SAET thinks fit,\nif SAET is of the opinion that action under this section is justified in order to prevent the abuse of the performance of work on a trial basis in the relevant circumstances.\n\t(2)\tSAET may, in setting rates of pay with respect to particular work under subsection (1), specify different rates according to the different levels of skill or experience that persons undertaking the work may possess.\n\t(3)\tSubsection (1) does not limit the powers of SAET to make any award under the other provisions of this Act.\n\t(4)\tSubsection (1) applies even though the persons to whom an award will relate will not be employees for the purposes of this Act.\n\t(5)\tA person who is entitled to be paid under an award under this section is entitled to recover the amount that should be paid as if the person were an employee of the person for whom the work was performed.\nDivision 2—Review of awards\n99—Triennial review of awards\n\t(1)\tSAET must review each award at least once in every three years.\n\t(1a)\tHowever, in the case of the first review to be conducted after the commencement of this Act, the period allowed for the review is extended to 31 December 1997.\n\t(2)\tAt least 21 days before it begins a review under this section, SAET must give notice of the review—\n\t(a)\tto associations and other persons that appeared in the proceedings in which the award was made; and\n\t(b)\tby notice in a newspaper circulating generally throughout the State.\n\t(3)\tOn a review under this section, SAET may vary an award to ensure that the award—\n\t(a)\tis consistent with the objects of this Act; and\n\t(b)\taffects only to the minimum extent necessary the way work is carried out; and\n\t(c)\tleaves the practical application of its provisions to be worked out in the workplace; and\n\t(d)\tis consistent with industrial, technological, commercial and economic developments applicable to the relevant industry; and\n\t(e)\tcomplies with other requirements prescribed by regulation.\n\t(4)\tIf, on review of an award it appears that the award is obsolete, SAET should rescind the award.\n\t(5)\tBefore it varies or rescinds an award under this section, SAET must give the parties to the award a reasonable opportunity to make submissions on the proposed action, and take any submissions made by the parties into consideration.\n","sortOrder":9},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Outworkers","content":"Part 3A—Outworkers\n99A—Interpretation\napparent responsible contractor—see section 99D;\ncode of practice means the code of practice in operation under Division 2 (if any);\nremuneration includes—\n\t(a)\tany remuneration or other amount, including commission, payable in relation to work done by an outworker;\n\t(b)\tany amount payable to an outworker in respect of annual leave or long service leave;\n\t(c)\tany amount for which an outworker is entitled to be reimbursed or compensated for under the code of practice;\nunpaid remuneration means remuneration that is the subject of a claim under section 99D.\n99B—Responsible contractors\n\t(1)\tSubject to this section, a person will be taken to be a responsible contractor in relation to an outworker or a group of outworkers engaged (or previously engaged) under a contract of employment with someone else if the person is a person who initiates an order for the relevant work (other than (if relevant) as a purchaser at the point of sale by retail), or distributes the relevant work (even though there may then be a series of contracts before the work is actually performed by the outworker or outworkers).\n\t(2)\tThe fact that a person is to be taken to be a responsible contractor for the purposes of this Part does not affect any obligation of another person as an employer under a contract of employment.\n\t(3)\tA person whose sole business in connection with the clothing industry is the sale of clothing (and associated items) by retail will not be taken to be a responsible contractor under this section (but may be taken to be an employer under a contract of employment between the person and an outworker).\nDivision 2—Code of practice\n99C—Code of practice\n\t(1)\tThe Governor may, by regulation, establish a code of practice for the purpose of ensuring that outworkers are treated fairly in a manner consistent with the objects of this Act.\n\t(2)\tThe code of practice may make different provision according to the matters or circumstances to which they are expressed to apply.\n\t(3)\tThe code of practice may apply, adopt or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the code, as in force at a particular time or as in force from time to time.\n\t(4)\tA code of practice may—\n\t(a)\trequire employers or other persons engaged in an industry, or a sector of an industry, specified or described in the code to adopt the standards of conduct and practice with respect to outworkers set out in the code; and\n\t(b)\tmake arrangements relating to the remuneration of outworkers, including by specifying matters for which an outworker is entitled to be reimbursed or compensated for with respect to his or her work or status as an outworker; and\n\t(c)\tmake provision to assist outworkers to receive their lawful entitlements; and\n\t(d)\tmake such other provision in relation to the work or status of outworkers as the Governor thinks fit.\n\t(5)\tSAET may make an award incorporating any term of the code of practice or make any other provision to give effect to the code of practice.\n\t(6)\tSubsection (5) does not limit the powers of SAET to make awards that relate to outworkers under the other provisions of this Act.\n\t(7)\tIf there is an inconsistency between an award and the code of practice, the award prevails to the extent of the inconsistency.\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Recovery of unpaid remuneration","content":"Division 3—Recovery of unpaid remuneration\n99D—Outworker may initiate a claim against a responsible contractor\n\t(1)\tAn outworker may initiate a claim for unpaid remuneration (an unpaid remuneration claim) against a person identified by the outworker as the person who the outworker believes on reasonable grounds to be a responsible contractor in relation to the outworker (the apparent responsible contractor).\n\t(2)\tThe unpaid remuneration claim may be for all or any of the remuneration that is payable to the outworker on account of work performed by the outworker that was (or apparently was) initiated or distributed by the apparent responsible contractor (and it does not matter that there may be more than 1 responsible contractor).\n\t(3)\tThe unpaid remuneration claim must be made within 6 months after the relevant work is completed by the outworker.\n\t(4)\tThe unpaid remuneration claim is to be made by serving a written notice on the apparent responsible contractor that—\n\t(a)\tclaims payment of the unpaid remuneration; and\n\t(b)\tsets out the following particulars:\n\t(i)\tthe name of the outworker; and\n\t(ii)\tthe address at which the outworker may be contacted; and\n\t(iii)\ta description of the work that has been performed; and\n\t(iv)\tthe date or dates on which the work was performed; and\n\t(v)\tthe amount of unpaid remuneration claimed in respect of the work.\n\t(5)\tThe particulars set out in the unpaid remuneration claim must be verified by statutory declaration.\n\t(6)\tA claim under this section may only be made in respect of work performed after the commencement of this section.\n99E—Liability of apparent responsible contractor on a claim\n\t(1)\tExcept as provided by subsection (4), an apparent responsible contractor served with an unpaid remuneration claim is liable for the amount of unpaid remuneration claimed.\n\t(2)\tAn apparent responsible contractor may, within 14 days after being served with an unpaid remuneration claim, refer the claim to another person the apparent responsible contractor knows or has reason to believe is the employer of the outworker under this Act (the designated employer).\n\t(3)\tAn apparent responsible contractor refers an unpaid remuneration claim under subsection (2) by—\n\t(a)\tadvising the outworker who has made the claim, in writing, of the name and address of the designated employer; and\n\t(b)\tserving a copy of the claim (a referred claim) on the actual employer.\n\t(4)\tThe apparent responsible contractor is not liable for the whole or any part of an amount of an unpaid remuneration claim for which the designated employer served with a referred claim accepts liability in accordance with section 99F.\n99F—Liability of actual employer to which a claim is referred\n\t(1)\tA designated employer served with a referred claim under section 99E may, within 14 days after being served, accept liability for the whole or any part of an amount of unpaid remuneration claimed by paying it to the outworker concerned.\n\t(2)\tA designated employer who accepts liability under subsection (1) must serve notice in writing on the apparent responsible contractor of that acceptance and of the amount paid.\n99G—Recovery of amount of unpaid remuneration\n\t(1)\tAn amount payable to an outworker by an apparent responsible contractor that is not paid in accordance with the requirements of this Division may be recovered by the outworker as a monetary claim under section 9.\n\t(3)\tIn proceedings brought under this section, an order for the apparent responsible contractor to pay the amount claimed must be made unless the apparent responsible contractor satisfies the South Australian Employment Court that the work was not performed or that the amount of the claim for the work in the unpaid remuneration claim is not the correct amount in respect of the work.\n99H—Ability of responsible contractor to claim contribution or to make deduction\n\t(1)\tIf an apparent responsible contractor pays to the outworker concerned the whole or any part of the amount of any unpaid remuneration claim under this Division, the apparent responsible contractor may—\n\t(a)\trecover the amount paid from a related employer; or\n\t(b)\tdeduct or set-off the amount paid from or against any amount that the apparent responsible contractor owes to a related employer (whether or not in respect of work that has been carried out by the outworker).\n\t(2)\tFor the purposes of subsection (1), a related employer in relation to an apparent responsible contractor is—\n\t(a)\tthe actual employer of the outworker concerned; or\n\t(b)\tanother responsible contractor whose contractual relationship with the outworker concerned on account of the work performed by the outworker is, when all relevant contractual relationships are considered, closer than the contractual relationship between the apparent responsible contractor and the outworker.\n99I—Offence provision\n\t(a)\tby intimidation or by any other act or omission, intentionally hinder or prevent a person from making an unpaid remuneration claim under section 99D; or\n\t(b)\tmake a statement that the person knows to be false or misleading in a material particular in any referred claim under section 99E or any notice served for the purposes of section 99F; or\n\t(c)\tserve a referred claim on a person under section 99E that the person does not know, or have reasonable grounds to believe, is an actual employer.\n99J—Non-derogation\nNothing in this Division—\n\t(a)\tlimits or excludes any other right of recovery of remuneration of an outworker, or any liability with respect to payment of remuneration to an outworker (whether arising under this Act or any other Act or law or whether arising by virtue of any award or other industrial instrument or by virtue of an agreement or otherwise); or\n\t(b)\tlimits or excludes any right of recovery arising under any other law with respect to any amount of money owed by a responsible contractor to another person.\nPart 4—General principles affecting determination of working conditions\n100—Adoption of principles affecting determination of remuneration and working conditions\n\t(1)\tSAET may, on its own initiative, or on the application of—\n\t(a)\tthe Minister; or\n\t(b)\tthe United Trades and Labor Council; or\n\t(c)\tthe South Australian Employers' Chamber of Commerce and Industry Incorporated,\nmake a declaration adopting in whole or in part, and with or without modification, principles, guidelines, conditions, practices or procedures enunciated or laid down in, or attached to, a decision or determination of the Fair Work Commission.\n\t(2)\tHowever, a declaration may only be made if the terms of the declaration are consistent with the objects of this Act.\n\t(3)\tA declaration under this section may be made on the basis that it is to apply in relation to (and prevail to the extent of any inconsistency with)—\n\t(a)\tawards generally; or\n\t(b)\tawards generally, other than a specified award or awards; or\n\t(c)\ta specified award or awards (and no other awards).\n\t(4)\tIn addition, a party to an award that is affected by a declaration under this section may, within 28 days after the declaration is made, apply to SAET to have the award excluded from the declaration (or a part of the declaration), despite the operation of subsection (3).\n\t(5)\tSAET may grant an application under subsection (4) on such conditions as SAET thinks fit.\n100A—State Wage Case\n\t(1)\tA Full Bench of SAET must conduct an annual review of—\n\t(a)\tthe minimum standard of remuneration under section 69; and\n\t(b)\tminimum wage rates in awards; and\n\t(c)\tminimum work-related allowances and loadings in awards.\n\t(2)\tThe review must commence within 3 months of the conclusion of the Annual Wage Review conducted by the Fair Work Commission.\n\t(3)\tSubject to subsection (5), in conducting the review, SAET may make a declaration under section 100(1) adopting the outcomes of the Annual Wage Review without receiving evidence or submissions, or conducting a hearing, if there is no objection from an interested party.\n\t(4)\tIf SAET proposes to act in accordance with the above, SAET must—\n\t(a)\ttake reasonable steps to ensure that all persons who are likely to have an interest in the review are given a reasonable opportunity to appear and be heard before SAET; and\n\t(b)\tat least 21 days before making the declaration, publish a notice in a manner prescribed by the rules—\n\t(i)\tsetting out the terms of the proposed declaration; and\n\t(ii)\tadvising that, in the absence of any objection from an interested party, SAET will make the declaration on its own initiative.\n\t(5)\tIf there is an objection from an interested party, SAET must conduct the review by considering the matter de novo.\n\t(6)\tIn this section—\ninterested party means—\n\t(a)\tthe Minister; or\n\t(b)\tan employer or group of employers; or\n\t(c)\ta registered employee association; or\n\t(d)\tthe United Trades and Labor Council (trading as SA Unions).\n101—State industrial authorities to apply principles\n\t(1)\tIn arriving at a determination affecting remuneration or working conditions, a State industrial authority must have due regard to and may apply and give effect to principles, guidelines, conditions, practices or procedures adopted by SAET under this Part.\n\t(2)\tHowever, principles adopted under this Part are not applicable to enterprise agreements.\n\t(3)\tIn this section—\nState industrial authority means—\n\t(b)\tthe Remuneration Tribunal; or\n\t(c)\tthe Commissioner for Public Sector Employment; or\n\t(d)\tanother person or body declared by regulation to be a State industrial authority.\nPart 5—Enforcement of obligations arising from employment\nDivision 1—Records to be kept by employers\n102—Records to be kept\n\t(1)\tAn employer must, subject to subsections (6) and (7), keep for all employees—\n\t(a)\ta record of the names and addresses of the employees; and\n\t(b)\ta record (a time book) in which are entered as far as practicable—\n\t(i)\teach employee's times of beginning and ending work on each day (including a note of time allowed for meals and other breaks); and\n\t(ii)\tthe wages paid to each employee and the date of each payment of wages; and\n\t(c)\ta record of annual leave, sick leave, parental leave and long service leave granted to each employee; and\n\t(d)\ta record of the date of birth of employees under 21 years of age; and\n\t(e)\tother records prescribed by regulation.\n\t(2)\tThe records must be kept in the English language.\n\t(2a)\tThe records may be kept in writing or in electronic form.\n\t(2b)\tThe information kept in the time book must be verified as follows:\n\t(a)\tif the time book is kept in writing, it must, if practicable, be verified by signature of the employee on, or as soon as possible after, each pay day and the signature constitutes evidence of the correctness of the entries;\n\t(b)\tif the time book is kept electronically, a printout of the relevant entries must, if practicable, be verified by signature of the employee on, or as soon as possible after, each pay day and the employer must keep the signed printouts as evidence of the correctness of the entries.\n\t(3)\tAn employer must retain a record kept under this section for 7 years after the date of the last entry made in it.\n\t(4)\tAn employer must—\n\t(a)\tat the reasonable request of an employee or former employee, produce a record relating to the employee or former employee kept under this section and permit the employee or former employee to make copies of, or take extracts from, the record; or\n\t(b)\tat the reasonable request of an inspector, produce a record relating to a specified employee or former employee kept under this section and permit the inspector to make copies of, or take extracts from, the record; or\n\t(c)\tat the reasonable request of an inspector, produce reasonable evidence of the payment of wages and details of how the amounts of the payments were calculated and details of any amounts that remained unpaid and how they are calculated.\n\t(5)\tWhen a business, or part of a business, is transferred or assigned, the transferor or assignor must transmit to the transferee or assignee all records referred to in this section relating to employees who become employees of the transferee or assignee.\n\t(5a)\tOn the transmission of the records, the employer's obligations in relation to the records passes to the transferee or assignee.\n\t(6)\tAn award or enterprise agreement may direct that, in relation to some or all of the persons bound by the award or agreement—\n\t(a)\ta time book need not be kept; or\n\t(b)\tspecified information need not be included in the time book.\n\t(7)\tThe requirement to keep a time book does not apply with respect to any employee who is not paid on an hourly basis, or on a basis under which the employee's remuneration varies according to the time worked.\n\t(8)\tWhen an employer makes a payment of wages, the employer must provide the employee with a pay slip showing—\n\t(a)\tthe name of the employer; and\n\t(b)\tthe amount of the payment; and\n\t(c)\tthe period of employment to which the payment relates; and\n\t(d)\tif the employee is paid on an hourly basis, or on a basis on which the rate of pay varies according to the time worked—\n\t(i)\tthe number of hours worked by the employee during the period to which the payment relates (distinguishing between ordinary time and overtime); and\n\t(ii)\tthe rate or rates of pay on which the payment is based; and\n\t(e)\tif the employer has made a contribution to a superannuation fund for the benefit of the employee—the name of the fund to which the contribution was made and the amount of the contribution.\n103—Employer to provide copy of award or enterprise agreement\n\t(1)\tAn employer who is bound by an award or enterprise agreement must, at the request of an employee bound by the award or enterprise agreement, produce a copy of the award or enterprise agreement as soon as practicable after the request and allow the employee a reasonable opportunity to examine it.\n\t(2)\tIf an employee bound by an award or enterprise agreement asks the employer for a copy of the award or agreement, the employer must give the employee a copy of the award or agreement within 14 days after the date of the request.\n\t(3)\tHowever, an employer is not obliged to comply with a request under subsection (2) if—\n\t(a)\tthe employer has previously given the employee a copy of the award or agreement within the preceding 12 months; or\n\t(b)\tSAET has, on the application of the employer, relieved the employer from the obligation to comply with the request.\n\t(4)\tAn employer must ensure that a copy of an award or enterprise agreement is exhibited at a place that is reasonably accessible to the employees bound by the award or agreement.\n\t(5)\tHowever, an enterprise agreement, or a part of an enterprise agreement, that SAET has suppressed from public disclosure under this Act1 need not be exhibited under subsection (4).\n1\tSee section 80.\nDivision 2—Civil penalty provisions\n104—Obligation to pay entitlements\n\t(1)\tAn employer must not contravene a provision of this Act, a workplace law or an industrial instrument which requires the employer to pay an amount to, or on behalf of, an employee in relation to the performance of work.\nMaximum civil penalty: $25 000.\n\t(2)\tFor the purpose of subsection (1), unless otherwise provided by this Act, or the relevant workplace law or industrial instrument, the employer must pay an amount referred to in subsection (1)—\n\t(a)\tin full, subject to any deduction authorised by or under a law of the State or the Commonwealth or an order of a court; and\n\t(b)\tby cash, cheque, money order or payment into a specified account with a financial institution; and\n\t(c)\tat least monthly.\n\t(3)\tFor the avoidance of doubt, amounts referred to in subsection (1) include the following:\n\t(a)\twages;\n\t(b)\tloadings;\n\t(c)\tmonetary allowances;\n\t(d)\tovertime or penalty rates;\n\t(e)\tleave payments;\n\t(f)\tincentive-based payments and bonuses;\n\t(g)\tsuperannuation contributions;\n\t(h)\tpayments under the Work Health and Safety Act 2012 in relation to training and the performance of functions as a health and safety representative.\n\t(4)\tA civil penalty may only be imposed on an employer for a contravention of subsection (1) if—\n\t(a)\tthe employer's conduct constituting the contravention was deliberate; and\n\t(b)\tthe employer's conduct constituting the contravention was part of a systematic pattern of conduct relating to 1 or more employees.\n\t(5)\tFor the purpose of subsection (4)(a), where the employer is the Crown or a body corporate, proof that the Crown or body corporate (as the case may be) expressly, tacitly, or impliedly authorised the conduct constituting the contravention will be taken to be proof that the employer's conduct constituting the contravention was deliberate.\nThis does not limit sections 236 or 236B.\n\t(6)\tFor the purpose of subsection (4)(b), in determining whether the employer's conduct constituting the contravention was part of a systematic pattern of conduct, a court may have regard to:\n\t(a)\tthe number of contraventions committed by the employer;\n\t(b)\tthe period over which the contraventions occurred;\n\t(c)\tthe number of employees affected by the contraventions;\n\t(d)\tthe employer's response, or failure to respond, to any complaints made about the contraventions;\n\t(e)\twhether the employer failed to make or keep, in accordance with this Act or a relevant industrial instrument or workplace law, an employee record relating to the conduct constituting the contraventions;\n\t(f)\twhether the employer failed to give, in accordance with this Act or a relevant industrial instrument or workplace law, a pay slip relating to the conduct constituting the contraventions.\n\t(7)\tSubsection (6) does not limit the matters that a court may have regard to.\n\t(8)\tSection 104A(4) does not apply for the purposes of determining whether an employer's conduct was part of a systematic pattern of conduct.\n104A—Proceedings for contravention of civil penalty provision\n\t(1)\tA provision of this Act is a civil penalty provision if the words \"Maximum civil penalty\" and one or more amounts by way of monetary penalty are set out at the foot of the provision.\n\t(2)\tThe South Australian Employment Court may, on application, order a person to pay a civil penalty that the Court considers is appropriate if the Court is satisfied, on the balance of probabilities, that the person has contravened a civil penalty provision.\n\t(3)\tThe civil penalty imposed by the South Australian Employment Court must not exceed the amount specified by this Act as the maximum civil penalty in relation to that contravention.\n\t(4)\tTwo or more contraventions of a civil penalty provision are taken to constitute a single contravention if the contraventions were committed by the same person and arose out of a course of conduct by the person.\n\t(5)\tSubsection (4) does not apply to a contravention of a civil penalty provision that is committed by a person after the South Australian Employment Court has imposed a civil penalty on the person for an earlier contravention of the provision.\n\t(6)\tAn application under this section may be made by—\n\t(a)\tan employee affected by the contravention; or\n\t(b)\ta registered association that is entitled to represent the industrial interests of an employee affected by the contravention; or\n\t(c)\tan inspector.\n\t(7)\tThe South Australian Employment Court may order that the civil penalty, or a part of the penalty, be paid to—\n\t(a)\tthe State; or\n\t(b)\ta particular organisation; or\n\t(c)\ta particular person.\n\t(8)\tThe civil penalty may be recovered as a debt due to the person to whom the penalty is payable.\n\t(9)\tProceedings under this section may be commenced at any time within 6 years after the day on which the relevant contravention occurred.\n\t(10)\tFor the avoidance of doubt, the Court may make a civil penalty order under this section in addition to 1 or more orders under section 9 or section 12 of this Act.\n104B—Civil rules and procedure\n\t(1)\tThe contravention of a civil penalty provision is not an offence.\n\t(2)\tThe South Australian Employment Court must apply the rules of evidence and procedure for civil proceedings when hearing proceedings for a civil penalty order.\nThe rules of evidence and procedure for civil proceedings in the South Australian Employment Court include the principles set out in section 32 of the South Australian Employment Tribunal Act 2014.\n\t(3)\tThe South Australian Employment Court must not make an order against a person under this Division if an order has been made against the person under a civil penalty provision under an Act of the State or the Commonwealth in relation to conduct that is the same, or substantially the same, as the conduct constituting the contravention.\n104C—Costs\nA party to proceedings for a civil penalty order may only be ordered to pay costs incurred by another party to the proceedings if—\n\t(a)\tthe Court is satisfied that the party instituted the proceedings vexatiously or without reasonable cause; or\n\t(b)\tthe Court is satisfied that the party's unreasonable act or omission caused the other party to incur the costs.\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Unfair dismissal","content":"Part 6—Unfair dismissal\n105—Interpretation\nadjudicating authority means—\n\t(b)\tany other court, tribunal, commission or other authority with power to grant relief for wrongful or unfair dismissal;\nnon-award employee means an employee whose employment is not covered by an industrial instrument.\n105A—Application of Part\n\t(1)\tThis Part does not apply—\n\t(a)\tto a non‑award employee whose remuneration immediately before the dismissal took effect is $100 322 (indexed) or more a year; or\n\t(b)\tan employee who is an apprentice.\nAn apprentice may apply to SAET under the South Australian Skills Act 2008 in respect of disputes or grievances involving their employer.\n\t(2)\tThe regulations may exclude from the operation of this Part or specified provisions of this Part—\n\t(a)\temployees serving a period of probation or a qualifying period providing that the period—\n\t(i)\tis determined in advance; and\n\t(ii)\tis reasonable having regard to the nature and circumstances of the employment; and\n\t(iii)\tdoes not exceed 12 months; or\n\t(b)\temployees engaged on a casual basis for a short period except where—\n\t(i)\tthe employee has been engaged by the employer on a regular and systematic basis extending over a period of at least nine months; and\n\t(ii)\tthe employee has, or would have had, a reasonable expectation of continuing employment by the employer; or\n\t(c)\temployees whose terms and conditions of employment are governed by special arrangements giving rights of review of, or appeal against, decisions to dismiss from employment which, when considered as a whole, provide protection that is at least as favourable to the employees as the protection given under this Part; or\n\t(d)\temployees in relation to whom the application of this Part or the specified provisions of this Part causes or would cause substantial difficulties because of—\n\t(i)\ttheir conditions of employment; or\n\t(ii)\tthe size or nature of the undertakings in which they are employed; or\n\t(e)\temployees of any other class.\n\t(3)\tTo the extent that a regulation under subsection (2)(c), (d) or (e) is inconsistent with the Termination of Employment Convention it is invalid.\n\t(4)\tIf a contract provides for employment for a specified period or for a specified task, this Part does not apply to the termination of the employment at the end of the specified period, or on completion of the specified task, unless the employee has, on the basis of the employer's conduct, a clear expectation of continuing employment by the employer.\nDivision 2—Application for relief\n106—Application for relief\n\t(1)\tIf an employer dismisses an employee, the employee may, before the end of a period of 21 days from the date the dismissal takes effect, apply to SAET for relief under this Part.\n\t(2)\tAn employee cannot simultaneously bring proceedings for dismissal before 2 or more adjudicating authorities.\n\t(3)\tIf an employee takes proceedings for dismissal under this Part or some other law and the adjudicating authority before which the proceedings are brought considers that the proceedings might have been more appropriately brought under another law before another adjudicating authority—\n\t(a)\tthe adjudicating authority may, after hearing the parties, refer the proceedings to the other adjudicating authority to be dealt with under that other law; and\n\t(b)\tthe adjudicating authority to which the proceedings are referred must deal with the proceedings as if they had been commenced before that adjudicating authority under the relevant law.\nSuppose that an employee brings proceedings under the Equal Opportunity Act 1984 seeking relief for dismissal on the ground that the dismissal constitutes an act of discrimination in respect of which a remedy is available under that Act. The relevant authorities under that Act might, if of the opinion that the proceedings might have been more appropriately brought before SAET under this Act, refer the proceedings to SAET. The proceedings would then proceed in SAET as if they had been commenced by an application for relief under this Part.\n\t(3a)\tThe period that applies under subsection (1) does not apply in a case involving the referral of proceedings to SAET under another law.\n\t(4)\tNo fee may be imposed with respect to an application for relief under this Part.\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"Determination of application","content":"Division 4—Determination of application\n108—Question to be determined at the hearing\n\t(1)\tAt the hearing of an application under this Part, SAET must determine whether, on the balance of probabilities, the dismissal is harsh, unjust or unreasonable.\n\t(2)\tIn deciding whether a dismissal was harsh, unjust or unreasonable, SAET must have regard to—\n\t(a)\tthe Termination of Employment Convention; and\n\t(b)\tthe rules and procedures for termination of employment prescribed by or under Schedule 8; and\n\t(c)\tthe degree to which the size of the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and\n\t(d)\tthe degree to which the absence of dedicated human resource management specialists or expertise in the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and\n\t(e)\twhether the employer has failed to comply with an obligation under section 18 or 20 of the Return to Work Act 2014; and\n\t(f)\tany other factor considered by SAET to be relevant to the particular circumstances of the dismissal.\n\t(3)\tIf a redundancy payment is made on the dismissal in accordance with a relevant industrial instrument, the dismissal cannot be regarded as harsh, unjust or unreasonable solely on the ground that the payment is inadequate.\n109—Remedies for unfair dismissal from employment\n\t(1)\tIf SAET is satisfied on application under this Part that an employee's dismissal is harsh, unjust or unreasonable, SAET may—\n\t(a)\torder that the applicant be re-employed in the applicant's former position without prejudice to the former conditions of employment; or\n\t(b)\tif it would be impracticable for the employer to re-employ the applicant in the applicant's former position, or re-employment in the applicant's former position would not, for some other reason, be an appropriate remedy—order that the applicant be re-employed by the employer in some other position (if such a position is available) on conditions determined by SAET; or\n\t(c)\tif SAET considers that re-employment by the employer in any position would not be an appropriate remedy—order the employer to pay to the applicant an amount of compensation determined by SAET.\n\t(1a)\tRe-employment is to be regarded as the preferred remedy, and SAET may only award an alternative remedy if satisfied that there are cogent reasons to believe that re-employment would not, in the circumstances of the particular case, be an appropriate remedy.\n\t(1b)\tHowever, SAET need not regard re-employment as the preferred remedy if the position to which the applicant would be re‑employed is in a business or undertaking where, at the time of SAET's decision on the application, less than 50 employees are employed.\n\t(2)\tIf SAET makes an order for re-employment under this section, then, subject to any contrary direction of SAET—\n\t(a)\tthe employee must be remunerated for the period intervening between the date that the dismissal took effect and the date of re-employment as if the employee's employment in the position from which the employee was dismissed had not been terminated; and\n\t(b)\tthe employer is entitled to the repayment of any amount paid to the employee on dismissal on account of or arising from the dismissal; and\n\t(c)\tfor the purposes of determining rights to annual leave, sick leave, long service leave, and parental leave, the interruption to the employee's continuity of service caused by the dismissal will be disregarded.\n\t(3)\tSAET must not order compensation exceeding 6 months' remuneration at the rate applicable to the dismissed employee immediately before the dismissal took effect, or $33 100 (indexed), whichever is the greater.\n\t(4)\tAn order for the payment of a monetary amount under this section may provide for payment by instalments if—\n\t(a)\tSAET is satisfied that exceptional circumstances exist justifying the making of the order; and\n\t(b)\tinsofar as the order compensates loss of remuneration—the instalments of compensation are at least as favourable to the employee as the payments of remuneration (to which the order relates) would have been if the employment had continued.\n","sortOrder":13},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n110—Costs\n\t(1)\tIf an application under this Part proceeds to hearing and SAET is satisfied that a party to the proceedings clearly acted unreasonably in failing to discontinue or settle the matter before the hearing concluded, SAET may, on the application of the other party to the proceedings, make an order for costs (including—if relevant—the costs of representation) against the party.\n\t(2)\tIf an employee discontinues proceedings under this Part more than 14 days after the conclusion of the conference of the parties, SAET may, on the application of the employer, make an order for costs (including—if relevant—the costs of representation) against the employee if SAET is satisfied that the employee has acted unreasonably.\n\t(3)\tAn application for an order for costs under this section must be made within 14 days after the determination or discontinuance of the proceedings.\n111—Decisions to be given expeditiously\n\t(1)\tSAET must hand down its determination on an application under this Part, and its reasons for the determination, within 3 months after the parties finish making their final submissions on the application.\n\t(2)\tThe President may extend the time for handing down a determination, or the reasons for a determination, but only if there are special reasons in the circumstances of the individual case for doing so.\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Exemption from employment conditions","content":"Part 7—Exemption from employment conditions\n112—Slow, inexperienced or infirm workers\n\t(1)\tSAET may, on application by a slow, inexperienced or infirm employee, grant the employee a licence to work at a wage less than the minimum that would otherwise apply to the employee under this Act, an award or an enterprise agreement.\n\t(2)\tIf it appears to SAET that an association may have an interest in an application under this section, it will give the association at least seven days notice of the time and place at which it intends to hear the application, and the association is then entitled to appear and be heard on the application.\n\t(3)\tSAET will not grant a licence until satisfied that the employee is, because of slowness, inexperience or infirmity, unable to obtain employment at the minimum wage fixed under this Act, an award or enterprise agreement.\n\t(4)\tA licence—\n\t(a)\tmust specify the wage at which the worker is licensed to work; and\n\t(b)\tcontinues in force for 12 months but may be renewed from time to time for successive terms of 12 months.\n\t(5)\tAn employer must not, without the consent of SAET, employ a number of licensed employees exceeding one-fifth of the total number of persons employed by the employer in the same class of work (but if the employer employs fewer than five employees in the relevant class of work, the employer may employ one licensed employee).\n\t(6)\tA person must not pay or offer to pay a slow, inexperienced or infirm employee a wage lower than specified in the licence.\n\t(7)\tIf an award or enterprise agreement makes provision for the remuneration of employees who are under a disability that adversely affects work performance in some way, the award or enterprise agreement excludes from the ambit of this section an employee who comes within the terms of the relevant provision of the award or enterprise agreement.\n113—Non-application of awards\n\t(1)\tThis section applies to a person (an assisted person)—\n\t(a)\twho has an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments; and\n\t(b)\twho is unlikely to obtain employment at ordinary rates of pay and needs substantial ongoing support to obtain or retain paid employment; and\n\t(c)\twho is being assisted or trained by an organisation or body—\n\t(i)\tthat provides employment services to disabled workers; and\n\t(ii)\tthat is declared by regulation to be a recognised organisation for the purposes of this section.\n\t(2)\tNo award applies to work performed by an assisted person unless the award makes specific provision for assisted persons.\n\t(3)\tThe regulations may exclude certain industrial matters affecting assisted persons from regulation by award.\n114—Exemption for charitable organisations\n\t(1)\tIf the Minister is satisfied that—\n\t(a)\tthe objects of an organisation are charitable, religious or non-profit making; and\n\t(b)\tit is in the public interest to grant an exemption under this subsection,\nthe Minister may, by notice in the Gazette, exempt all activities of the organisation, or specified activities of the organisation, from the operation of awards.\n\t(2)\tThe Minister may, by notice in the Gazette, vary or revoke an exemption under subsection (1).\nChapter 4—Associations\nPart 1—Freedom of association\n115—Prohibited reason\nAn employer acts for a prohibited reason if the employer discriminates against another person for one or more of the following reasons or for reasons that include one or more of the following:\n\t(a)\tbecause the other person is, has been or proposes to become an officer, delegate or member of an association;\n\t(b)\tbecause the other person is not, or does not propose to become, a member of an association;\n\t(c)\tbecause the other person—\n\t(i)\thas one or more employees who are not, or do not propose to become, members of an association; or\n\t(ii)\thas not paid, or does not propose to pay, a fee (however described) to an association;\n\t(d)\tbecause the other person has refused or failed to join in industrial action;\n\t(e)\tbecause the other person (being an employee) has refused or failed to agree or consent to, or vote in favour of, the making of an agreement to which an association of which the employee is a member would be a party;\n\t(f)\tbecause the other person has made, proposes to make or has at any time proposed to make an application to an industrial authority for an order for holding a secret ballot;\n\t(g)\tbecause the other person has participated in, proposes to participate in or has at any time proposed to participate in a secret ballot ordered by an industrial authority;\n\t(h)\tbecause the other person is entitled to the benefit of an instrument dealing with conditions of employment or an order of an industrial authority;\n\t(i)\tbecause the other person has made or proposes to make an inquiry or complaint to a person or body with power under a law relating to industrial relations to seek—\n\t(i)\tcompliance with that law; or\n\t(ii)\tthe enforcement of rights under an instrument dealing with conditions of employment;\n\t(j)\tbecause the other person has participated in, proposes to participate in, or has at any time proposed to participate in a proceeding under a law relating to industrial relations;\n\t(k)\tbecause the other person has given or proposes to give evidence in a proceeding under a law relating to industrial relations;\n\t(l)\tbecause an association is seeking better industrial conditions for the other person;\n\t(m)\tbecause the other person (being an employee) has absented himself or herself from work without leave if—\n\t(i)\tthe absence was for the purpose of carrying out duties or exercising rights as an officer of an association; and\n\t(ii)\tthe person applied for leave before absenting himself or herself and leave was unreasonably refused or withheld;\n\t(n)\tbecause the other person, as an officer or member of an association, has done, or proposes to do, a lawful act within the officer's or member's authority under the rules of the association, for the purpose of furthering or protecting the industrial interests of the association.\nDivision 2—Protection of freedom of association\n116—Freedom of association\n\t(1)\tNo person may be compelled to become, or remain, a member of an association.\n\t(2)\tA provision of a contract of employment, or an associated undertaking, to become or remain, or not to become or remain, a member of an association is void.\n116A—General offences against the principle of freedom of association\n\t(a)\trequire another to become, or remain, a member of an association; or\n\t(b)\tprevent another from becoming or remaining a member of an association of which the other person is, in accordance with the rules of the association, entitled to be a member; or\n\t(c)\tinduce another to enter into a contract or undertaking not to become or remain a member of an association.\n116B—Dismissal etc for prohibited reason\n\t(1)\tAn employer must not, for a prohibited reason, do or threaten to do any of the following:\n\t(a)\tdismiss an employee from employment;\n\t(b)\tinjure an employee in employment;\n\t(c)\talter the position of an employee to the employee's prejudice;\n\t(d)\trefuse to employ a person;\n\t(e)\tdiscriminate against a person in the terms or conditions on which the employer offers to employ the person.\n\t(2)\tA court by which an employer is convicted of an offence against this section may, on application by the employee (or prospective employee) against whom the offence was committed—\n\t(a)\taward compensation to the applicant for loss resulting from the commission of the offence; and\n\t(b)\tif the applicant was dismissed from employment—order the employer to re-employ the applicant on conditions determined by the court.\n117—Prohibition of discrimination in supply or purchase of goods or services\n\t(1)\tA person who carries on a business involving the supply or purchase of goods or services must not discriminate against an employer by refusing to supply or purchase goods or services, or in the terms on which goods or services are supplied or purchased, on the ground that the employer's employees are, or are not, members of an association.\n\t(2)\tA person must not, on the ground that an employer's employees are, or are not, members of an association—\n\t(a)\tattempt to induce a person who carries on a business involving the supply or purchase of goods or services to discriminate against an employer by refusing to supply or purchase goods or services, or in the terms on which goods or services are supplied or purchased; or\n\t(b)\tattempt to prevent a person who carries on a business involving the supply or purchase of goods or services from supplying or purchasing goods or services to or from the employer.\n\t(3)\tThis section does not prevent an association from discriminating between members and non-members of the association.\n118—Conscientious objection\n\t(1)\tIf a person satisfies the Registrar by the evidence required by the Registrar that the person has a genuine conscientious objection based on religious belief to becoming a member of an association, the Registrar must issue a certificate of conscientious objection to the person.\n\t(2)\tThe Registrar must cancel a certificate of conscientious objection if asked to do so by the person for whom it was issued.\nPart 2—Locally based associations\n119—Eligibility for registration\n\t(1)\tThe following associations are eligible for registration under this Part—\n\t(a)\tan association formed to represent, protect or further the interests of employers and consisting of two or more employers who employ, in aggregate, not less than 100 employees (whether or not the membership of the association includes persons who are not employers);\n\t(b)\tan association formed to represent, protect or further the interests of employees and consisting of not less than 100 employees (whether or not the membership includes persons who are not employees).\n\t(2)\tAn organisation, or a branch, section or part of an organisation, registered under the Commonwealth (Registered Organisations) Act is not eligible for registration under this Part.\n120—Application for registration\n\t(1)\tAn association eligible for registration under this Part may apply to SAET (constituted as an industrial relations commission) for registration.\n\t(2)\tIf an application for registration is made, the Registrar must—\n\t(a)\tpublish notice of the application on a website determined by the Registrar; and\n\t(b)\tgive notice of the application—\n\t(i)\tto any registered association the Registrar considers has a proper interest in the subject matter of the application; and\n\t(ii)\tin the case of an application for registration of an association that is an employee association—to the United Trades and Labor Council (trading as SA Unions).\n\t(3)\tThe notice must contain a statement of the right of interested persons to lodge objections to the registration of the applicant association.\n121—Objections\nA person may, within the time allowed by the Rules, object to the registration of the association.\nDivision 2—Registration and incorporation\n122—Registration of associations\n\t(1)\tSAET may, after considering objections to registration duly made in accordance with the Rules, register an association under this Part if satisfied—\n\t(a)\tthat the association is eligible for registration under this Part; and\n\t(b)\tthat the rules of the association conform with the requirements of this Part; and\n\t(c)\tthat the prescribed conditions have been complied with; and\n\t(d)\tthat the registration of the association would be consistent with the provisions and objects of this Act; and\n\t(e)\tthat—\n\t(i)\tthe association is entirely comprised of employees employed in a single business; or\n\t(ii)\tif the association is not an association of that kind—there is no other registered association to which the members of the association might conveniently belong; and\n\t(f)\tthat the name of the applicant association would not cause confusion with the name of another registered association or with the name of an organisation registered under the Commonwealth (Registered Organisations) Act; and\n\t(g)\tin the case of an association of employees—that the association is not dependent for financial or other resources on an employer, employers, or an association of employers and is, in other respects, independent of control or significant influence by an employer, employers or an association of employers.\n\t(2)\tSAET may, in an appropriate case, waive compliance with any of the prescribed conditions referred to in paragraph (c) above.\n123—Registration confers incorporation\nOn registration of an association under this Part, the association becomes a body corporate—\n\t(a)\twith the name stated in its rules; and\n\t(b)\twith power to acquire, hold, deal with and dispose of real and personal property; and\n\t(c)\twith the other powers stated in its rules.\nDivision 3—Rules\n124—Rules\nThe rules of an association registered under this Part—\n\t(a)\tmust state the association's name; and\n\t(b)\tmust conform with the prescribed conditions; and\n\t(c)\tmust prescribe a procedure for resolution of disputes between the association and its members; and\n\t(d)\tmust not impose on applicants for membership, or members, of the association conditions, obligations or restrictions that are oppressive, unreasonable or unjust.\n125—Alteration of rules of registered association\n\t(1)\tAn association registered under this Part may resolve to alter its rules.\n\t(2)\tThe resolution must be passed in accordance with the relevant rules of the association unless the purpose of the proposed alteration is only to change the name of the association in which case a resolution passed by a majority of the members present and voting at an ordinary meeting of the association is sufficient provided that at least 14 days' notice of the time and place of the meeting was given to the members in accordance with the association's rules and the notice of meeting contained the proposed resolution for the change of name.\n\t(3)\tAn alteration of the rules of a registered association does not take effect unless and until registered by SAET.\n\t(4)\tIf an alteration of the rules of a registered association is of a kind that would or could affect the composition of the membership of the association, notice of an application for registration must be given, and objections may be made, in the same way, and on the same or similar grounds, as if the application were for registration of a new association.\n\t(5)\tSAET (constituted as an industrial relations commission) may register an alteration of rules if satisfied that—\n\t(a)\tthe alteration would be consistent with the provisions and objects of this Act; and\n\t(b)\tin the case of a change of name—would not cause confusion with the name of another registered association or the name of an organisation registered under the Commonwealth (Registered Organisations) Act.\n126—Model rules\n\t(1)\tTo the extent the rules of an association conform with model rules published by regulation, no objection can be taken to the rules.\n\t(2)\tTo the extent a proposed alteration of rules brings the rules into conformity with model rules published by regulation, no objection can be taken to the proposed alteration.\n127—Orders to secure compliance with rules etc\n\t(1)\tSAET (constituted as the South Australian Employment Court) may, on the application of a member of an association registered under this Part or a person who has been expelled from membership of such an association, order the association or specified officers of the association—\n\t(a)\tto carry out an obligation imposed by the rules of the association;\n\t(b)\tto make good any contravention of, or failure to comply with, the rules of the association;\n\t(c)\tto carry out consequential or related directions SAET thinks necessary or desirable in the circumstance.\n\t(2)\tAn association or other person who fails to comply with an order of SAET under this section is guilty of an offence.\n\t(3)\tSAET (constituted as the South Australian Employment Court) may, on application by a member of an association registered under this Part or a person who has applied for membership of such an association, declare a rule of the association to be invalid on the ground that the rule is inconsistent with this Act.\n\t(4)\tSAET may adjourn proceedings on an application under subsection (3) for a period, and on terms and conditions, SAET considers appropriate, to give the association an opportunity to alter its rules.\nDivision 4—Financial records\n128—Financial records\n\t(1)\tAn association registered under this Part must keep proper accounting records of all its financial transactions.\n\t(2)\tAn association registered under this Part must prepare annually the following accounts—\n\t(a)\ta balance sheet giving a true and fair view of the assets and liabilities of the association as at the end of the relevant accounting period; and\n\t(b)\ta statement of receipts and payments over the relevant accounting period.\n\t(3)\tThe association must have the accounts prepared under subsection (2) audited by a registered company auditor.\n\t(4)\tThe accounts and accounting records to be kept and prepared under this section must conform with the requirements of the Rules.\n\t(5)\tAn association that fails to comply with a requirement of this section is guilty of an offence.\nDivision 5—Amalgamation\n129—Amalgamation\n\t(1)\tAn association registered under this Part may resolve to amalgamate with another association or other associations registered under this Part.\n\t(2)\tA resolution to amalgamate—\n\t(a)\tmust be passed—\n\t(i)\tby the executive committee, or committee of management, of the association; or\n\t(ii)\tby the members of the association in the same way as a resolution for alteration of the rules of the association; or\n\t(iii)\tin some other way provided by the rules; and\n\t(b)\tmust approve the rules of the association to be formed by the amalgamation.\n\t(3)\tIf a resolution to amalgamate is passed by the executive committee, or committee of management, of an association (and authority to pass the resolution is not conferred on the executive committee or committee of management by the rules), notice of the resolution must be given by post to all members of the association.\n\t(4)\tIf, within six weeks of the posting of the notices under subsection (3), the Registrar is requested by 20 members of the association or 10% of the total membership (whichever is the lesser) to conduct a ballot—\n\t(a)\tthe Registrar will conduct (at the expense of the association, which may be recovered as a debt from the association) a ballot of the members of the association; and\n\t(b)\tunless the resolution is supported by a majority of the members voting on the ballot, the resolution will lapse.\n\t(5)\tThe rules of the association to be formed by the amalgamation may provide for persons holding office in the amalgamating associations to hold office in the new association for up to four years before an election is held for the relevant offices.\n\t(6)\tA registered association may use its financial and other resources in support of a proposed amalgamation if at least 14 days' notice of its intention to do so has been given to its members (but this section does not limit any other power that the association may have under its rules to support a proposed amalgamation).\n\t(7)\tIf two or more associations resolve to amalgamate, an application for registration of the association to be formed by the amalgamation must be made and dealt with under this Division.\n\t(8)\tOn registration of the new association—\n\t(a)\tthe amalgamating associations are dissolved; and\n\t(b)\tall property, rights and liabilities of the amalgamating associations are vested in the new association.\n","sortOrder":15},{"sectionNumber":"Div 6","sectionType":"division","heading":"De-registration","content":"Division 6—De-registration\n130—De-registration of associations\n\t(1)\tSAET (constituted as an industrial relations commission) may de-register an association registered under this Part if—\n\t(a)\tthe association applies for de-registration; or\n\t(b)\tthe association contravenes or fails to comply with a provision of this Act or its rules about the way its affairs are to be conducted; or\n\t(c)\tthe association acts oppressively towards any member or class of members; or\n\t(d)\tthe association, or a substantial number of the members of the association, has wilfully contravened, or failed to comply with, a determination of SAET; or\n\t(e)\tthere is some other substantial reason for de-registration of the association.\n\t(2)\tAn application for de-registration of an association may be made by—\n\t(a)\tthe association itself; or\n\t(b)\ta member or former member of the association; or\n\t(c)\tthe Minister; or\n\t(d)\tthe Registrar.\n\t(3)\tSAET may, on making an order for de-registering an association, suspend the order and direct that, if a stated requirement is complied with to SAET's satisfaction within a stated period, the order will lapse but otherwise will take effect at the end of the stated period.\n\t(4)\tIf SAET finds that grounds for de-registering an association exist and that those grounds arise wholly or mainly from the conduct of a particular class or section of the members of the association, SAET may, instead of de-registering the association, alter the rules of the association to exclude persons belonging to the relevant class or section from membership of the association.\nPart 3—Federally based associations\n131—Eligibility for registration\n\t(1)\tSubject to this section, an association that is an organisation or branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth is eligible for registration under this Part.\n\t(2)\tAn association that is an employee association is only eligible for registration if—\n\t(a)\timmediately before the commencement day, the association was entitled under its rules to represent the industrial interests of employees in South Australia; or\n\t(b)\tthe association—\n\t(i)\thas, in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, amalgamated with or withdrawn from amalgamation with, an organisation or branch of an organisation that was, immediately before the commencement day, entitled under its rules to represent the industrial interests of employees in South Australia; and\n\t(ii)\tis, following the amalgamation or withdrawal, entitled under its rules to represent the industrial interests of employees in South Australia.\n\t(3)\tIn the case of an association that is an employee association and the rules of the association provide that 1 or more branches of the association are entitled to represent the industrial interests of employees in South Australia, no part of the association other than the relevant branch or branches is eligible for registration under this Part.\n\t(4)\tIn the case of an association that is an employee association and a Federal counterpart of a locally based association, the association is not eligible for registration under this Part if the locally based association has provided written notice to the Registrar that it seeks to represent the industrial interests of employees under this Act to the exclusion of its Federal counterpart.\n\t(5)\tA notice provided in accordance with subsection (4) may, by subsequent notice, be varied or revoked.\n\t(6)\tA notice provided in accordance with subsection (4), or a subsequent notice varying or revoking that notice, must be published on a website determined by the Registrar.\n\t(7)\tIf an association has been de‑registered in accordance with section 135, the association is not eligible for registration under this Part unless SAET is satisfied that registration is appropriate having regard to the circumstances in which the order for de‑registration was made.\n\t(8)\tIn this section—\ncommencement day means the day on which section 11 of the Fair Work (Registered Associations) Amendment Act 2024 comes into operation;\nFederal counterpart has the same meaning as in section 9A of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nlocally based association means an association registered under Chapter 4 Part 2.\n132—Application for registration\n\t(1)\tAn association eligible for registration under this Part may apply to SAET (constituted as an industrial relations commission) for registration.\n\t(2)\tIf an application for registration is made, the Registrar must—\n\t(a)\tpublish notice of the application on a website determined by the Registrar; and\n\t(b)\tgive notice of the application—\n\t(i)\tto any registered association the Registrar considers has a proper interest in the subject matter of the application; and\n\t(ii)\tin the case of an application for registration of an association that is an employee association—to the United Trades and Labor Council (trading as SA Unions).\n\t(3)\tThe notice must contain a statement of the right of interested persons to lodge objections to the registration of the applicant association.\n133—Objections\nA person may, within the time allowed by the Rules, object to the registration of the association.\nDivision 2—Registration and de-registration\n134—Registration\nSAET (constituted as an industrial relations commission) must, after considering objections to registration duly made in accordance with the rules, register an organisation, or a branch of an organisation, under this Division if satisfied—\n\t(a)\tthat the organisation or branch is eligible for registration under this Division.\n135—De-registration\n\t(1)\tSAET (constituted as an industrial relations commission) may de-register an organisation or branch registered under this Division if—\n\t(a)\tthe organisation or branch applies for de-registration; or\n\t(b)\tthe organisation or branch contravenes or fails to comply with a provision of this Act or its rules about the way its affairs are to be conducted; or\n\t(c)\tthe organisation or branch wilfully contravenes or fails to comply with a determination of SAET; or\n\t(d)\tthe organisation or branch is being administered in a way that is oppressive or unfair to members resident in this State; or\n\t(e)\tthe organisation abolishes its South Australian branch or its rules cease to confer on the South Australian branch a reasonable degree of autonomy in the administration and control of South Australian assets or in the determination of questions affecting solely or principally the members resident in this State; or\n\t(f)\tthere is some other substantial reason for de-registering the organisation or branch.\n\t(2)\tAn application for de-registration of an organisation or branch may be made by—\n\t(a)\tthe organisation or branch itself; or\n\t(b)\ta member or former member of the organisation or branch; or\n\t(c)\tthe Minister; or\n\t(d)\tthe Registrar.\n\t(3)\tSAET may, on making an order for de-registration of an organisation or branch, suspend the order and direct that, if a stated requirement is complied with to SAET's satisfaction within a stated period, the order will lapse but otherwise will take effect at the end of the stated period.\n\t(4)\tIf an organisation registered under this Division ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, its registration under this Division automatically terminates.\n\t(5)\tIf a branch of an organisation is registered under this Division, and the organisation ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, registration of the branch under this Division automatically terminates.\nDivision 3—Federations\n136—Federation\n\t(1)\tIf a federation of organisations is recognised under the Commonwealth (Registered Organisations) Act, and one or more of its constituent members are registered under this Part, the federation may, subject to the regulations, act under this Act as the representative of the registered constituent members.\n\t(2)\tHowever, this section does not limit the right of a constituent member of a federation to represent itself or its members.\nPart 3A—Extension of Federal administration of CFMEU\n136A—Interpretation\nABCWF—means the Australian Building and Construction Workers' Federation registered under Chapter 4 of this Act or a repealed Act;\nCFMEU—means the Construction and General Division of the Construction Forestry and Maritime Employees Union registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nFederal administrator means the administrator appointed to administer the CFMEU in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme under that Act;\nrepealed Act means the Industrial and Employee Relations Act 1994, the Industrial Relations Act 1972 or an earlier Act relating to industrial relations providing for the registration of associations.\n136B—Application by Federal administrator of CFMEU\n\t(1)\tThis section applies if the CFMEU is under administration in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in respect of its operations in South Australia.\n\t(2)\tThe Minister must, on application by the Federal administrator of the CFMEU, place the ABCWF into administration (notice of which is to be published in the Gazette).\n136C—Effect of administration of ABCWF\n\t(1)\tSubject to this Part, if the Minister places the ABCWF into administration under section 136B(2), the following provisions apply:\n\t(a)\tthe Federal administrator of the CFMEU is taken to be the administrator of the ABCWF on and from the day on which the notice referred to in section 136B(2) is published in the Gazette;\n\t(b)\tthe administrator of the ABCWF has—\n\t(i)\tthe same powers and functions in respect of the ABCWF that the Federal administrator has under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme made under that Act in respect of the CFMEU; and\n\t(ii)\tany other powers and functions prescribed by the regulations.\n\t(2)\tFor the avoidance of doubt, if the Federal administrator of the CFMEU is replaced by another administrator, that other Federal administrator is taken to be the administrator of ABCWF.\n\t(3)\tDespite subsection (1)(a) (and subsection (2))—\n\t(a)\tthe Minister may, at any time after the commencement of subsection (1), by notice in the Gazette, appoint another person as administrator of the ABCWF; and\n\t(b)\ta person appointed under this subsection—\n\t(i)\tis taken to be the administrator of ABCWF; and\n\t(ii)\thas—\n\t(A)\tthe same powers and functions in respect of the ABCWF that the Federal administrator of the CFMEU has under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme made under that Act in respect of the CFMEU; and\n\t(B)\tany other powers and functions prescribed by the regulations.\n\t(4)\tThe administrator must act in the best interests of the members of the ABCWF in the performance or exercise of functions and powers as administrator of the ABCWF.\n136D—Administrator not liable in civil proceedings\nAn administrator of the ABCWF, or person acting under the direction of that administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith—\n\t(a)\tin the performance or exercise, or the purported performance or exercise, of any power or function of administration of the ABCWF; or\n\t(b)\tin preparing for the performance or exercise of any such power or function.\n136E—Regulations under this Part\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Part.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may prescribe all matters necessary or expedient for the purposes of the effective administration of the ABCWF under this Part, including in relation to—\n\t(a)\tthe delegation of the administrator's powers and functions; and\n\t(b)\tthe exercise of the functions of governing bodies of the ABCWF; and\n\t(c)\tthe control of funds, property and other assets of the ABCWF; and\n\t(d)\tthe conduct of legal proceedings in the name of the ABCWF; and\n\t(e)\tthe suspension or removal of officers of the ABCWF; and\n\t(f)\tthe declaration that offices of the ABCWF are vacant; and\n\t(g)\tthe timing and conduct of elections for the ABCWF; and\n\t(h)\tthe taking of disciplinary action in respect of employees of the ABCWF, including termination of employment; and\n\t(i)\tthe making of alterations to the rules of the ABCWF; and\n\t(j)\tthe remuneration of the administrator out of the funds, property and other assets of the ABCWF; and\n\t(k)\tthe modification or removal of the powers or functions conferred on the administrator in accordance with section 136C(1)(b)(i) or (3)(b)(ii)(A).\n136F—Cessation of administration\nThe administration of the ABCWF ceases if the administration of the CFMEU ceases in respect of its operations in South Australia, or if the administrator signs a determination to that effect (notice of which is to be published in the Gazette).\n136G—Anti-avoidance\nA person commits an offence if, without reasonable excuse, the person engages in conduct or a course of conduct and as a result of that conduct or course of conduct—\n\t(a)\tanother person or body is prevented from taking action under an administration; or\n\t(b)\tthe administrator of the ABCWF is prevented from effectively administering the ABCWF.\nMaximum penalty: $100 000.\nPart 4—Provisions generally applicable to associations\nDivision 1—Purpose of association\n137—Restraint of trade\n\t(1)\tEven though an association (whether registered or not) has purposes in restraint of trade, its purposes will not, for that reason, be regarded as unlawful.\n\t(2)\tIt follows that an association is not to be regarded as an unlawful association because it has purposes in restraint of trade, nor are its members liable to prosecution for conspiracy or any other criminal offence for that reason, nor is any agreement or trust rendered void by the restraint of trade.\n138—Limitations of actions in tort\n\t(1)\tSubject to this section, no action in tort lies in respect of an act or omission done or made in contemplation or furtherance of an industrial dispute.\n\t(2)\tThis section does not prevent—\n\t(a)\tan action for the recovery of damages for death or personal injury; or\n\t(b)\tan action for the recovery of damages for damage to property (not being economic damage); or\n\t(c)\tan action for conversion or detinue; or\n\t(d)\tan action for defamation.\n\t(3)\tIf an industrial dispute has been resolved by conciliation or arbitration and a Full Bench of SAET (constituted as an industrial relations commission) determines on application under this section that, in the circumstances of the case, the industrial dispute arose or was prolonged by unreasonable conduct on the part of a particular person, then the applicant may bring an action in tort against that person despite subsection (1).\n\t(4)\tIf a Full Bench of SAET (constituted as an industrial relations commission) determines, on application under this section, that—\n\t(a)\tall means provided under this Act for resolving an industrial dispute by conciliation or arbitration have failed or there is no immediate prospect of resolving the dispute; and\n\t(b)\thaving regard to the nature of the dispute and the gravity of its consequences, it is in the public interest to allow the action,\nthen the applicant may bring an action in tort despite subsection (1).\n\t(5)\tSAET must, in hearing and determining an application under subsection (4)(b), act as expeditiously as possible.\n139—Industrial services not to be provided to non-members\nAn association, or an officer or employee of an association, must not, except at the request of the person, represent a person who is not a member of the association, and has not made an application to become a member of the association, in proceedings before SAET.\nDivision 2—Powers of entry and inspection\n140—Powers of officials of employee associations\n\t(1)\tAn official of an association of employees may enter any workplace at which 1 or more members of the association work and—\n\t(a)\tinspect time books and wage records, at the workplace; and\n\t(b)\tinspect the work carried out at the workplace and note the conditions under which the work is carried out; and\n\t(c)\tif specific complaints about non-compliance with this Act, an award or an enterprise agreement have been made—interview any person who works at the workplace about the complaints.\n\t(1a)\tThe powers conferred by subsection (1) may be exercised at a time when work is being carried out at the workplace.\n\t(2)\tBefore an official exercises powers under subsection (1), the official must give reasonable notice to the employer.\n\t(2a)\tFor the purposes of subsection (2)—\n\t(a)\tthe notice must be given in writing; and\n\t(b)\ta period of 24 hours notice will be taken to be reasonable unless some other period is reasonable in the circumstances of the particular case.\n\t(2b)\tAn official exercising a power under subsection (1) must not interrupt the performance of work at the workplace.\n\t(3)\tA person exercising powers under this section must not—\n\t(a)\tharass an employer or employee; or\n\t(ab)\taddress offensive language to an employer or an employee; or\n\t(b)\thinder or obstruct an employee in carrying out a duty of employment; or\n\t(c)\tuse or threaten to use force in relation to an employer, an employee or any other person.\n\t(4)\tIf SAET (constituted as an industrial relations commission) is of the opinion that a person has abused powers under this section, SAET may withdraw the relevant powers.\nDivision 3—Records\n141—Register of members and officers of associations\n\t(1)\tA registered association must keep—\n\t(a)\ta register of its officers; and\n\t(b)\ta register of its members.\n\t(2)\tThe registers must be kept available for inspection by the members of the association or the Registrar at the association's registered office.\n\t(3)\tA registered association must in the month of July in each year furnish the Registrar with—\n\t(a)\ta list of the association's officers; and\n\t(b)\tnotice of changes in the officers of the association that have occurred since a list was last furnished under this section; and\n\t(c)\tinformation as to—\n\t(i)\tthe number of financial members of the association; and\n\t(ii)\tthe number of non-financial members of the association,\nas at the immediately preceding 30 June.\n\t(3a)\tA person is entitled to inspect (without charge) a copy of any information provided under subsection (3) during ordinary business hours at the office of the Registrar.\n\t(4)\tA registered association must, at the request of the Registrar, furnish the Registrar with an up-to-date list of the members or officers of the association.\n\t(5)\tIf a registered association fails to comply with this section, or a requirement made under this section, the association is guilty of an offence.\n\t(6)\tA person employed in duties connected with the administration of this Act who divulges information about the membership of a registered association except in the performance of official duties or as may be authorised by the association or the President is guilty of an offence.\n\t(7)\tIf a registered association is an organisation registered under the Commonwealth (Registered Organisations) Act, a reference to the members of the association in this section will be construed as a reference to members resident in this State.\n142—Rules\n\t(1)\tA registered association must, at the request of any person, furnish the person with a printed or typewritten copy of its rules as in force for the time being.\n\t(2)\tThe association may charge a fee (not exceeding a limit fixed by regulation) for supplying a copy of its rules under this section.\n\t(3)\tA document apparently certified by the secretary or some other officer of a registered association to be a copy of the rules of the association will be accepted in any legal proceedings as evidence of the rules and of their validity.\nDivision 4—Miscellaneous\n143—Certificate of registration\n\t(1)\tOn registration of an association, the Registrar will issue a certificate of registration to the association.\n\t(2)\tThe registration of an association may be proved, in the absence of evidence that the association has ceased to be registered, by production of a certificate of registration issued under this Act or a corresponding previous enactment for the association.\n144—Service\nService of any process, notice or other document may be effected on a registered association—\n\t(a)\tby leaving it at the registered office of the association; or\n\t(b)\tby sending it by certified mail addressed to the association at its registered address; or\n\t(c)\tin any other manner directed by the Court or SAET.\n144A—Demarcation agreements etc\n\t(1)\tIn exercising functions under this Act, SAET is to give effect to any demarcation agreement unless it is satisfied it would be unreasonable to do so.\n\t(2)\tDespite any other provision of this Act, if there is a demarcation dispute between a locally based association and a Federally based association that is a Federal counterpart of the locally based association, SAET must give preference to the right of the locally based association to represent the industrial interests of employees under this Act.\n\t(3)\tIn this section—\ndemarcation agreement means an agreement between associations or organisations dealing with the right to represent the industrial interests of a class or group of employees under this Act;\nFederal counterpart has the same meaning as in section 9A of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nFederally based association means an association registered under Chapter 4 Part 3;\nlocally based association means an association registered under Chapter 4 Part 2.\n145—Saving of obligations\nThe de-registration of an association does not relieve the association, or any member of the association, from a penalty, liability or obligation imposed or arising before the de-registration.\n146—Sequestration orders\n\t(1)\tIf a registered association does not satisfy a judgment for the payment of money on demand by the judgment creditor, the Court may, on application by the judgment creditor, make an order for sequestration of the association's property to the extent necessary to ensure the judgment is satisfied.\n\t(2)\tThe order must—\n\t(a)\tprovide for appointment of a sequestrator; and\n\t(b)\tconfer on the sequestrator the powers necessary to take possession of the property to which the order relates and realise it; and\n\t(c)\tprovide for the payment of the costs of the sequestration and realisation of the property.\n147—Exercise of powers of SAET\n\t(1)\tSubject to any contrary direction by the President, the powers of SAET under this Chapter (other than a power under Part 3A or 3B) will be exercised by the Registrar.\n\t(2)\tIf the President so directs, the powers of SAET under this Chapter will be exercised by—\n\t(a)\ta Presidential Member or Industrial Magistrate nominated by the President; or\n\t(b)\tSAET.\nChapter 6AA—Industrial Relations Consultative Council\nPart 1—Establishment of Consultative Council\n218—Establishment of Consultative Council\nThe Industrial Relations Consultative Council is established.\nPart 2—Functions and powers\n218A—Functions and powers of Consultative Council\n\t(1)\tThe functions of the Consultative Council are—\n\t(a)\tto assist the Minister in formulating, and advise the Minister on implementing, policies affecting industrial relations and employment in the State; and\n\t(b)\tto advise the Minister on legislative proposals of industrial significance; and\n\t(c)\tto consider matters referred to the Consultative Council by the Minister or members of the Consultative Council; and\n\t(d)\tto perform such other functions as are conferred on it by this or any other Act.\n\t(2)\tThe Consultative Council has the power to do anything necessary, expedient or incidental to the performance of its functions.\nPart 3—Composition of Consultative Council\n218B—Membership of Consultative Council\n\t(1)\tThe Consultative Council consists of 13 members of whom—\n\t(a)\t1 is the Minister; and\n\t(b)\t12 are persons appointed by the Governor—\n\t(i)\t6 being persons who, in the opinion of the Minister, are suitable to represent the interests of employers (at least 1 being a person considered by the Minister to be suitable to represent the interests of the public sector as an employer), appointed on the recommendation of the Minister after the Minister has consulted with the South Australian Employers' Chamber of Commerce and Industry Inc (trading as Business SA), and with other associations representing the interests of employers determined to be appropriate by the Minister; and\n\t(ii)\t6 being persons who, in the opinion of the Minister, are suitable to represent the interests of employees (at least 1 being a person considered by the Minister to be suitable to represent the interests of employees in the public sector), appointed on the recommendation of the Minister after the Minister has consulted with the United Trades and Labor Council (trading as SA Unions), and with other associations representing the interests of employees determined to be appropriate by the Minister.\n\t(2)\tA member of the Consultative Council may, with the Minister's approval, appoint a suitable person to act as an alternate member of the Consultative Council and a person so appointed may, in the member's absence, act as a member of the Consultative Council.\n218C—Terms and conditions of office\n\t(1)\tAn appointed member of the Consultative Council will hold office on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re‑appointment.\n\t(2)\tThe Governor may remove an appointed member from office for—\n\t(a)\tbreach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tmental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tneglect of duty; or\n\t(d)\tdishonourable conduct.\n\t(3)\tThe office of an appointed member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not re‑appointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis found guilty of an indictable offence; or\n\t(e)\tis removed from office by the Governor under subsection (2).\n\t(4)\tOn the office of an appointed member of the Consultative Council becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.\n\t(5)\tThe Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs.\n218D—Fees, allowances and expenses\nA member of the Consultative Council (other than the Minister) is entitled to fees, allowances and expenses approved by the Governor.\nPart 4—Proceedings of Consultative Council\n218E—Meetings\n\t(1)\tThe Consultative Council must meet at times appointed by the Minister.\n\t(2)\tThe Minister must convene a meeting of the Consultative Council if requested to do so by 4 or more of its members.\n218F—Proceedings\n\t(1)\tThe Minister must chair meetings of the Consultative Council.\n\t(2)\tA quorum of the Consultative Council consists of 8 members of whom—\n\t(a)\t1 must be the Minister; and\n\t(b)\tat least 3 must be members appointed to represent the interests of employers; and\n\t(c)\tat least 3 must be members appointed to represent the interests of employees.\n\t(3)\tA telephone or video conference between members of the Consultative Council constituted in accordance with procedures determined by the Consultative Council will, for the purposes of this section, be taken to be a meeting of the Consultative Council at which the participating members are present.\n\t(4)\tThe Consultative Council must cause an accurate record to be kept of its proceedings.\n\t(5)\tSubject to this Act, the proceedings of the Consultative Council will be conducted in a manner determined by the Consultative Council.\n218G—Conflict of interest under Public Sector (Honesty and Accountability) Act 1995\n\t(1)\tA member of the Consultative Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employers or employees generally, or a substantial section of employers or employees.\n\t(2)\tDespite the Public Sector (Honesty and Accountability) Act 1995, a member of the Consultative Council who has made a disclosure of an interest in a matter decided or under consideration by the Consultative Council may, with the permission of a majority of the members of the Consultative Council who may vote on the matter, attend or remain at a meeting when the matter is under consideration in order to ask or answer questions, or to provide any other information or material that may be relevant to the deliberations of the Consultative Council, provided that the member then withdraws from the room and does not in any other way take part in any deliberations or vote on the matter.\n218H—Validity of acts\nAn act or proceeding of the Consultative Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\nPart 5—Use of staff and facilities\n218I—Use of staff and facilities\n\t(1)\tThe Consultative Council may, by agreement with the Minister responsible for an administrative unit in the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n\t(2)\tThe Consultative Council may, by agreement with the relevant agency or instrumentality, make use of the services of the staff, equipment or facilities of any other agency or instrumentality of the Crown.\nPart 6—Committees\n218J—Committees\n\t(1)\tThe Consultative Council may establish such committees as it thinks fit to advise the Consultative Council on, or to assist it with respect to, any aspect of its functions under this or any other Act.\n\t(2)\tA committee established under subsection (1)—\n\t(a)\tmust consist of at least 2 members of the Consultative Council; and\n\t(b)\tmust be chaired by a member of the Consultative Council; and\n\t(c)\tmust be established to consider a specific issue or range of issues; and\n\t(d)\tmust be established for a specified duration determined by the Consultative Council (but may then be re‑established if the Consultative Council thinks fit); and\n\t(e)\tmust report to the Consultative Council as required by the Consultative Council; and\n\t(f)\tmay invite persons with experience or knowledge relevant to a matter to be considered at a meeting of the committee to attend and participate in the meeting.\n\t(3)\tThe procedures to be observed by the committee will be—\n\t(a)\tas determined by the Consultative Council; or\n\t(b)\tinsofar as the procedure is not determined under paragraph (a)—as determined by the committee.\nPart 7—Related matters\n218K—Confidentiality\n\t(1)\tA member of the Consultative Council who, as a member of the Consultative Council, acquires information that—\n\t(a)\tthe member knows to be of a commercially sensitive nature, or of a private confidential nature; or\n\t(b)\tthe Consultative Council classifies as confidential information,\nmust not divulge the information without the approval of the Consultative Council.\n\t(2)\tSubsection (1) extends to members of a committee established by the Consultative Council as if—\n\t(a)\tthe committee were the Consultative Council; and\n\t(b)\ta member of the committee were a member of the Consultative Council.\nChapter 6—Miscellaneous\n219—Confidentiality\n\t(1)\tA person employed or formerly employed in an office or position under this Act, or authorised under this Act to enter a workplace or inspect an employer's records, must not divulge—\n\t(a)\tinformation acquired through the employment, or the exercise of the authorised powers, about the contents of records kept by an employer under this Act; or\n\t(b)\tinformation of a confidential nature acquired through the employment, or the exercise of the authorised powers, about the conduct of an employer's business; or\n\t(c)\tinformation acquired through the employment, or the exercise of the authorised powers, about the persons bound by enterprise agreements.\n\t(2)\tHowever, this section does not prevent—\n\t(a)\tthe disclosure of information in the ordinary course of employment; or\n\t(b)\tthe disclosure of information to SAET; or\n\t(c)\tthe disclosure of information required by law; or\n\t(d)\tthe use of information for the purpose of compiling statistical records; or\n\t(da)\tthe disclosure to an employee or former employee of information required to be kept under this Act in relation to the employee or former employee; or\n\t(e)\ta disclosure of information required by the Minister.\n219A—Who are inspectors\n\t(1)\tThe following are inspectors for the purposes of this Act:\n\t(a)\tpersons appointed by the Minister to be inspectors;\n\t(b)\tpersons appointed under the Commonwealth Act who are, under an arrangement between the Minister and the Minister responsible for administering the Commonwealth Act, authorised to exercise the powers of an inspector under this Act.\n\t(2)\tEach inspector must be furnished by the Minister with an identity card.\n\t(3)\tAn inspector must produce the identity card for inspection by a person who questions the inspector's authority to exercise powers under this Act.\n219B—General functions of inspectors\n\t(1)\tThe functions of the inspectors are—\n\t(a)\tto investigate complaints of non‑compliance with the Act, enterprise agreements and awards; and\n\t(b)\tto conduct audits and systematic inspections to monitor compliance with this Act and enterprise agreements and awards; and\n\t(c)\tto conduct promotional campaigns to improve the awareness of employers and people within the workforce of their rights and obligations under this Act, and under enterprise agreements and awards; and\n\t(d)\tto do anything else that may be appropriate to encourage compliance and, if appropriate, take action to enforce compliance.\n\t(2)\tThe powers of an inspector under this Act extend to acting in relation to persons who are no longer engaged in the performance of work.\n\t(3)\tAn inspector, or a person assisting an inspector, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\n219C—Powers of inspectors\n\t(1)\tAn inspector may at any time, with any assistance the inspector considers necessary, without any warrant other than this section—\n\t(a)\tenter any workplace; and\n\t(b)\tinspect and view any work, process or thing in the place; and\n\t(c)\tquestion a person in the place on a subject relevant to employment or an industrial matter.\n\t(2)\tAn inspector must, when entering or as soon as practicable after entering a place under this section, produce his or her identity card for inspection by the occupier or person in charge of the place.\n\t(3)\tAn inspector may require the production of a time book, paysheet, notice, record, list, indenture of apprenticeship or other document required to be kept by this Act or any other Act and may inspect, examine and copy it.\n\t(4)\tIn addition to the powers set out in subsections (1) and (3), if an inspector has reason to believe that a document required to be kept by an employer under this Act or any other Act is not accessible during an inspection under subsection (3), the inspector may, by notice in writing to an employer, require the employer to produce the document to the inspector within a reasonable period (of at least 24 hours) specified by the inspector.\n\t(5)\tA document produced under subsection (3) or (4) may be retained by the inspector for examination and copying (and, accordingly, the inspector may take it away), subject to the qualification that the inspector must then return the document within 7 days.\n\t(6)\tHowever—\n\t(a)\tthe inspector may not retain an original document if the employer supplies a copy of it to the inspector for the inspector's own use; and\n\t(b)\tthe inspector may not retain the original of a document that is required for the day‑to‑day operations of the employer (but the inspector may copy it at the time of its production).\n\t(7)\tIt is the duty of an employer at all reasonable times to facilitate, as far as practicable, the exercise by an inspector of powers under this section.\n\t(8)\tIf an inspector puts a question to a person through an interpreter, the question will, for the purposes of this Act, be taken to have been put to the person by the inspector and an answer to the question given by the person to the interpreter will be taken to have been given to the inspector (and in any legal proceedings it will be presumed that the interpreter's translation of the answer is the person's answer to the question as put by the inspector unless it is shown that the interpreter mistranslated the question or the answer).\n\t(9)\tA person must not—\n\t(a)\thinder or obstruct an inspector in the exercise of a power conferred by or under this section; or\n\t(b)\trefuse an inspector entrance to a place the inspector is authorised to enter under subsection (1); or\n\t(c)\trefuse or fail to answer truthfully a question put under subsection (1); or\n\t(d)\tfail, without lawful excuse, to comply with a requirement of an inspector acting under this section.\n219D—Compliance notices\n\t(1)\tIf it appears that an employer has failed to comply with a provision of this Act, or of an award or enterprise agreement, an inspector may issue a compliance notice requiring the employer, within a period stated in the notice—\n\t(a)\tto take specified action to remedy the non‑compliance; and\n\t(b)\tto produce reasonable evidence of the employer's compliance with the notice.\n\t(2)\tAn employer who fails to comply with a compliance notice within the time allowed in the notice is guilty of an offence.\nMaximum penalty: $3 250.\nExpiation fee: $325.\n\t(3)\tThe following applications may be made to SAET (constituted as the South Australian Employment Court) for a review of a notice issued under this section:\n\t(a)\tan employer may apply to SAET on the ground that the employer has in fact complied with this Act, or the relevant award or enterprise agreement (as the case may be);\n\t(b)\tan employee may apply to SAET on the ground that the employer's failure to comply with this Act, or an award or enterprise agreement, is more extensive than stated in the notice.\n\t(4)\tSAET may, at the conclusion of the review—\n\t(a)\tconfirm the notice; or\n\t(b)\tconfirm the notice with such modification as it thinks fit; or\n\t(c)\tcancel the notice.\n\t(5)\tA reference in this section to this Act includes a reference to a code of practice made under this Act.\n220—Notice of determinations of SAET\n\t(1)\tNotice of a determination of SAET (unless of an interlocutory nature or affecting only parties who are represented before SAET) must be published, in accordance with the Rules, in a newspaper circulating generally throughout the State.\n\t(2)\tCopies of all determinations of SAET must be kept available for public inspection at the office of the Registrar unless—\n\t(a)\tthe determination is of an interlocutory nature; or\n\t(b)\tthe determination relates to an enterprise agreement or part of an enterprise agreement that has been suppressed from public disclosure under this Act1.\n1\tSee section 80.\n223—Discrimination against employee for taking part in industrial proceedings etc\n\t(1)\tAn employer must not discriminate against an employee by dismissing or threatening to dismiss the employee from, or prejudicing or threatening to prejudice the employee in, employment for any of the following reasons—\n\t(a)\tbecause of the employee's participation in proceedings before SAET; or\n\t(b)\tbecause of anything said or done, or omitted to be said or done, by the employee in proceedings before SAET; or\n\t(c)\tbecause of the employee's participation in an industrial dispute; or\n\t(d)\tbecause the employee is entitled to the benefit of an award or enterprise agreement, or has participated, or declined to participate, in negotiations or proceedings intended to lead to the formation of an award or enterprise agreement.\n\t(2)\tHowever, discrimination against an employee on the ground that the employee has contravened a determination of SAET or has committed an offence is not made unlawful by subsection (1).\n\t(3)\tA prosecution for an offence against this section may be commenced by the employee against whom the offence is alleged to have been committed, or an inspector.\n\t(4)\tA court by which an employer is convicted of an offence against this section may, on application by the employee against whom the offence was committed—\n\t(a)\taward compensation to the applicant for loss resulting from the commission of the offence; and\n\t(b)\tif the applicant was dismissed from employment—order the employer to re-employ the applicant on conditions determined by the court.\n224—Non-compliance with awards and enterprise agreements\n\t(1)\tIf a person who is bound by an award or enterprise agreement contravenes or fails to comply with a provision of the award or agreement, the person is guilty of an offence.\nMaximum penalty: $25 000.\n\t(2)\tTwo or more contraventions of subsection (1) are taken to constitute a single contravention if the contraventions were committed by the same person and arose out of a course of conduct by the person.\n\t(3)\tSubsection (2) does not apply to a contravention of subsection (1) that is committed by a person after a court has sentenced a person for an earlier contravention of that subsection.\n225—Improper pressure etc related to enterprise agreements\n\t(1)\tA person must not harass an employer or employee, or apply improper pressure to an employer or employee—\n\t(a)\tto prevent, or discourage the employer or employee, from supporting or entering into an enterprise agreement; or\n\t(b)\tto induce the employer or employee to seek variation or rescission of an enterprise agreement.\n\t(2)\tThe provision of advice in a reasonable manner to an employee about issues surrounding an enterprise agreement (or potential enterprise agreement) cannot be regarded as improper pressure under subsection (1).\n\t(3)\tA person must not coerce an employee to enter into an enterprise agreement.\n\t(4)\tA person must not state that an employee has voluntarily supported or entered into an enterprise agreement knowing the statement to be false.\n225A—Use of offensive language against a representative\nAn employer, or an officer, employee or representative of an association of employers, must not address offensive language to a duly authorised representative of an association of employees (insofar as the person is acting as such a representative).\n226—False entries\n\t(a)\twilfully make a false entry in a time book, notice, certificate, list or document required by this Act to be kept, served or sent; or\n\t(b)\twilfully make or sign a false declaration under this Act; or\n\t(c)\tmake use of any such entry or declaration, knowing it to be false.\n227—Experience of apprentice etc how calculated\nFor the purposes of an award or enterprise agreement under which wages are to vary in accordance with experience in an industry, a period of employment as an apprentice or junior in the industry will be brought into account.\n228—No premium to be demanded for apprentices or juniors\n\t(1)\tA person must not ask for, or receive, any consideration, premium or bonus for engaging or employing a person as an apprentice or junior.\n\t(2)\tHowever, this section does not prevent the payment or receipt of a consideration, premium or bonus under an arrangement approved by the Minister.\n\t(3)\tA person who gives a consideration, premium or bonus to a person who is, because of this section, not entitled to receive it may recover it as a debt.\n229—Illegal guarantees\n\t(1)\tA person must not require or permit another—\n\t(a)\tto pay a sum of money; or\n\t(b)\tto enter into or make a guarantee or promise to pay a sum of money,\nin the event of the conduct of an apprentice, junior or employee not being satisfactory to the employer.\n\t(2)\tHowever, this section does not invalidate, or render unlawful, a guarantee entered into on terms approved by the Minister.\n\t(3)\tA sum paid in contravention of this section is recoverable as a debt.\n231—Recovery of penalty from members of association\n\t(1)\tIf an association is ordered to pay a penalty or other monetary sum under this Act and the penalty or other sum is not fully paid within one month after the date of the order—\n\t(a)\tthe persons who were members of the association when the order was made are jointly and severally liable to pay the penalty or other sum as if the order had been made against them personally; and\n\t(b)\tproceedings to enforce the order may be taken against them, or any of them, accordingly.\n\t(2)\tHowever, a person's liability on an order to which this section applies is limited to $20.\n232—General defence\n\t(1)\tIn proceedings against an employer for an offence against this Act, it is a defence to show—\n\t(a)\tthat another person was responsible for the act or omission constituting the offence; and\n\t(b)\tthat the defendant employer used all due diligence to prevent the commission of the offence; and\n\t(c)\tthat the offence was committed without the knowledge of the defendant employer and in contravention of the employer's orders.\n\t(2)\tIf a defence is made out by an employer under subsection (1), the person responsible for the act or omission alleged to constitute the offence may be prosecuted and convicted of the offence as if that person were the employer.\n\t(3)\tIn proceedings against an employee for an offence against this Act, it is a defence to show that the defendant used all due diligence to prevent the commission of the offence.\n233—Order for payment against convicted person\n\t(1)\tIf an employer is convicted of an offence against this Act, the court may, on application by an employee in respect of whom the offence was committed, order the convicted person to pay to the applicant an amount due from the convicted person to the applicant.\n\t(2)\tOn an applicant under subsection (1), an inspector's certificate will be accepted, in the absence of proof to the contrary, as proof of an amount due from the convicted person to the applicant.\n\t(3)\tAn amount that a convicted person is ordered to pay under this section may be recovered in the same way as a fine.\n234—Proof of awards etc\n\t(1)\tA copy of a determination under the seal of SAET and certified under the Registrar's signature, is admissible in all courts and tribunals and before all persons as evidence of the determination.\n\t(2)\tA copy of an enterprise agreement certified under the Registrar's signature to be an enterprise agreement approved by SAET, is admissible in all courts and tribunals and before all persons as evidence of the existence of the enterprise agreement and its terms.\n\t(3)\tIt is not necessary to prove the seal of SAET or of the signature of the Registrar.\n235—Proceedings for offences\n\t(1)\tAn offence against a provision of this Act lies within the criminal jurisdiction of SAET.\n\t(2)\tA prosecution for an offence against this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.\n236—Conduct by officers etc of body corporate\n\t(1)\tIf it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—\n\t(a)\tthat an officer, director, employee or agent of the body corporate engaged in the conduct within the scope of his or her actual or apparent authority; and\n\t(b)\tthat the officer, director, employee or agent had the state of mind.\n\t(2)\tAny conduct in which—\n\t(a)\tan officer, director, employee or agent of the body corporate engages within the scope of his or her actual or apparent authority; or\n\t(b)\tanother person engages at the direction or with the consent or agreement (express or implied) of an officer, director, employee or agent of the body corporate, who gives the direction, consent or agreement within the scope of the actual or apparent authority,\nis, for the purposes of this Act, conduct of the body corporate.\n\t(3)\tA reference in this section to the state of mind of a person extends to the knowledge, intent, opinion, belief or purpose of the person and the person's reasons for the intent, opinion, belief or purpose.\n236A—Offences by body corporate\n\t(a)\ta body corporate commits an offence against this Act; and\n\t(b)\ta member of the governing body of the body corporate intentionally allowed the body corporate to engage in the conduct comprising the offence,\nthat person also commits an offence and is liable to the same penalty as may be imposed for the principal offence.\n\t(2)\tA person referred to in subsection (1) may be prosecuted and convicted of an offence against that subsection whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.\n236B—Conduct etc by officers etc of the Crown\n\t(1)\tIf the Crown is guilty of an offence against this Act, or contravenes a civil penalty provision, the penalty to be imposed on the Crown is the penalty applicable to a body corporate.\n\t(2)\tIf it is necessary to establish, for the purposes of this Act, the state of mind of the Crown in relation to particular conduct, it is sufficient to show—\n\t(a)\tthat an officer, employee or agent of the Crown engaged in the conduct within the scope of their actual or apparent authority; and\n\t(b)\tthat the officer, employee or agent had the state of mind.\n\t(3)\tAny conduct in which—\n\t(a)\tan officer, employee or agent of the Crown engages within the scope of their actual or apparent authority; or\n\t(b)\tanother person engages at the direction or with the consent or agreement (express or implied) of an officer, employee or agent of the Crown, who gives the direction, consent or agreement within the scope of the actual or apparent authority,\nis, for the purposes of this Act, conduct of the Crown.\n\t(4)\tA reference in this section to the state of mind of a person extends to the knowledge, intent, opinion, belief or purpose of the person and the person's reasons for the intent, opinion, belief or purpose.\n236C—Responsible agency of the Crown\n\t(1)\tIf proceedings are brought against the Crown for an offence against this Act—\n\t(a)\tthe responsible agency in relation to the offence may be specified in any document initiating, or relating to, the proceedings; and\n\t(b)\tthe Crown Solicitor may be served with the summons and information on behalf of the responsible agency; and\n\t(c)\tthe responsible agency is entitled to act in the proceedings and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the defendant in the proceedings are conferred or imposed on the responsible agency.\n\t(2)\tIf proceedings are brought against the Crown in relation to a contravention of this Act that is not an offence—\n\t(a)\tthe responsible agency in relation to the contravention may be specified in any document initiating, or relating to, the proceedings; and\n\t(b)\tnotwithstanding the above, the employer of public employees under section 4A is entitled to act in the proceedings and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the respondent in the proceedings are conferred on the employer of public employees.\n\t(3)\tThe responsible agency may be changed during proceedings with the leave of the court.\n\t(4)\tIn this section—\nresponsible agency in relation to an offence or a contravention of this Act is —\n\t(a)\tthe agency of the Crown whose conduct allegedly constitutes the offence or contravention; or\n\t(b)\tif the agency referred to in paragraph (a) has ceased to exist—the agency of the Crown that is the successor of that agency; or\n\t(c)\tif the agency referred to in paragraph (a) has ceased to exist and there is no clear successor of that agency—the agency of the Crown that the Court that will be dealing with the relevant proceedings declares to be the responsible agency.\n237—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(1a)\tWithout limiting the generality of subsection (1), regulations may make provision for any matter, including matters of a saving or transitional nature, relevant to the interaction between this Act and an Act of the Commonwealth.\n\t(2)\tThe regulations may impose fines not exceeding $2 500 for offences against the regulations.\n\t(3)\tA regulation under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which it is expressed to apply;\n\t(b)\tmay be of general or limited application;\n\t(c)\tmay provide that any matters or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other person or body prescribed by the regulations.\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n4—Definitions\nformer Act means the Industrial Relations Act (S.A.) 1972;\nformer Commission means the Industrial Commission of South Australia established under the former Act;\nformer Court means the Industrial Court of South Australia established under the former Act.\n5—References to former Court or Commission\nA reference in an Act or other instrument to the former Court or the former Commission must, where the context admits, be read as a reference to the Court or the Commission under this Act.\n6—Awards and other determinations of the former Commission\n\t(1)\tAn award in force under the former Act immediately before the commencement of this Act continues in force, subject to this Act, as if it were an award of the Commission under this Act even though the award makes provisions for conditions of employment that cannot be made by award under this Act.\n\t(a)\ta provision of an award that continues in force under subsection (1) providing for preference to members of an association lapses on the commencement of this Act; and\n\t(b)\ta right of entry and inspection conferred by an award that continues in force under subsection (1) must be read down so as to be consistent with this Act.\n\t(3)\tAll other determinations of the former Commission in force immediately before the commencement of this Act continue in force subject to this Act as if they were determinations of the Commission under this Act.\n\t(4)\tIf a recommendation was made before the commencement of this Act by the Commission or a member of the Commission for the prevention or settlement of an industrial dispute, the recommendation continues in effect as if it had been made by the Commission or a member of the Commission under this Act.\n7—Industrial agreements\n\t(1)\tAn industrial agreement in force under the former Act immediately before the commencement of this Act continues in force under this Act, unless earlier superseded by an enterprise agreement, until 31 December 1996.\n\t(a)\ta provision of an industrial agreement that continues in force under subsection (1) providing for preference to members of an association lapses on the commencement of this Act; and\n\t(b)\ta right of entry and inspection conferred by an industrial agreement that continues in force under subsection (1) must be read down so as to be consistent with this Act.\n\t(3)\tThe Commission—\n\t(a)\tmust take reasonable steps to ensure that the parties to industrial agreements are aware that the agreements will lapse on 31 December 1996; and\n\t(b)\tmust, as far as practicable and appropriate, encourage the renegotiation of the agreements as enterprise agreements.\n\t(4)\tThe provisions of the former Act apply, with adaptations and modifications prescribed by regulation, to an industrial agreement that continues in force under this section.\n7A—References to industrial agreements\n\t(1)\tA reference to an industrial agreement in an Act or statutory instrument extends to an enterprise agreement under this Act.\n\t(2)\tHowever, this section does not apply to references to an industrial agreement in the Long Service Leave Act 1987 or a statutory instrument under that Act.\n8—Continuation of part-heard proceedings etc\n\t(1)\tThe jurisdiction of the Court and the Commission under this Act extends to causes of action that arose before the commencement of this Act.\n\t(2)\tAny proceedings that had been commenced before the former Court or the former Commission may be continued and completed by the Court or the Commission under this Act.\n\t(3)\tThe Court or Commission will apply the substantive law in force when the cause of action arose, or if proceedings relate to the making or variation of an award, when the application was made.\n\t(4)\tHowever, if an application for an award or variation of an award is made after 14 May 1994, the application is to be determined in accordance with this Act.\n9—Certificates and licences\n\t(1)\tA certificate under section 144 of the former Act (a \"section 144 certificate\") continues in force (unless cancelled by the Registrar at the request of the person for whom the certificate was issued) as a certificate of conscientious objection under this Act and a reference in an award or agreement to a section 144 certificate will be construed as a reference to a certificate of conscientious objection under this Act.\n\t(2)\tA certificate under section 167 of the former Act continues in force as if it were a certificate under section 230 of this Act.\n\t(3)\tA licence in force under section 88 of the former Act immediately before the commencement of this Act continues in force, subject to this Act, as if it were a licence under section 112 of this Act.\n10—The President of the former Court\n\t(1)\tThe person holding office as President of the former Court immediately before the commencement of this Act—\n\t(a)\tbecomes on the commencement of this Act the Senior Judge of the Court (and is entitled while continuing in the office to the title of President of the Court); and\n\t(b)\tcontinues, while holding that office, to have the same rank, status and precedence as a Judge of the Supreme Court and to be entitled to be styled \"The Honourable Justice …\".\n\t(2)\tThe person to whom subsection (1) applies is, while continuing to hold office as the Senior Judge of the Court under this section, a member of the principal judiciary of the Court.\n\t(3)\tThe provisions of the former Act about salary, tenure and conditions of office relating to the office of President of the former Court apply (with the necessary modifications) to the office of Senior Judge of the Court for as long as the person to whom subsection (1) applies continues to hold that office.\n\t(4)\tOther provisions of this Act that are inconsistent with this section must be read subject to this section.\n11—Deputy Presidents of the Court\n\t(1)\tEach person who held office as a Deputy President of the former Court immediately before the commencement of this Act becomes, on that commencement, a judge of the Court.\n\t(2)\tA person to whom subsection (1) applies is, while continuing to hold office as a Judge of the Court under this section, a member of the principal judiciary of the Court.\n\t(3)\tThe provisions of the former Act about salary, tenure and conditions of office relating to the office of Deputy President of the former Court apply (with necessary modifications) to the office of a judge to whom subsection (1) applies for as long as the judge continues to hold office in accordance with those provisions as a judge of the Court.\n\t(4)\tOther provisions of this Act that are inconsistent with this section must be read subject to this section.\n12—Industrial magistrates\n\t(1)\tEach person who held office under the former Act as an industrial magistrate immediately before the commencement of this Act becomes, on the commencement of this Act, a magistrate under the Magistrates Act 1983.\n\t(2)\tA magistrate to whom subsection (1) applies will, for so long as he or she continues to hold office under the Magistrates Act 1983, continues to be an industrial magistrate and a member of the principal judiciary of the Court unless he or she resigns the office of industrial magistrate.\n\t(3)\tA person may resign the office of industrial magistrate under this section without resigning as a magistrate under the Magistrates Act 1983.\n\t(4)\tThe accrued and accruing rights in respect of employment of a magistrate to whom this section applies are unaffected by this section.\n\t(5)\tOther provisions of this Act that are inconsistent with this section must be read subject to this section.\n13—Other officers of former Court and Commission\n\t(1)\tA person who held office as a commissioner under the former Act immediately before the commencement of this Act becomes, on the commencement of this Act, unless the Governor otherwise determines, a commissioner under this Act as if appointed on the commencement of this Act as a commissioner under this Act.\n\t(2)\tThe commissioner will be taken to have been appointed for a term of six years (which may be renewed once for a further term of six years) but if the commissioner is over 60 at the time of the appointment or renewal, the term will end when the commissioner reaches 65 years of age.\n\t(3)\tThe Registrar and other staff of the former Court and the former Commission (other than those specifically mentioned above) are, on the commencement of this Act, transferred to corresponding positions on the staff of the Court or the Commission (or both) under this Act.\n\t(4)\tThe salary and accrued and accruing rights to annual leave, sick leave, family leave and long service leave of persons who are transferred by this section to offices and positions under this Act are not to be prejudiced by the transfer.\n\t(5)\tHowever, a salary difference that exists between a transferee and another person in the same office or position, and in favour of the transferee, is not preserved beyond the point when the salary of the other person reaches or exceeds the level of the transferee's salary at the time of transfer.\n14—Inspectors\nA person who was an inspector under the former Act continues, subject to this Act, as an inspector under this Act.\n15—Members of Industrial Relations Advisory Council\nA person who held office as a member of the Industrial Relations Advisory Council immediately before the commencement of this Act continues in office, subject to this Act, as a member of the Committee.\n16—Registered associations\n\t(1)\tAn association that was, immediately before the commencement of this Act, a registered association under the former Act continues as a registered association under this Act.\n\t(2)\tNo objection of a kind that was prevented by section 133(1) of the former Act immediately before the re-enactment of Part 9 of that Act pursuant to section 41 of the Industrial Conciliation and Arbitration (Commonwealth Provisions) Amendment Act 1991 (and then prevented by section 55 of that Amendment Act) may be taken in relation to an association registered under this Act immediately before the commencement of the Industrial and Employee Relations (Registered Associations) Amendment Act 1997.1\n1\tSection 133(1) of the former Act provided as follows:\n133\t(1)\tThe legal existence or registration of an association, the membership of any member or any person claiming to be a member of an association, the validity of the appointment or election of any officer of an association or of any action or decision of such an officer, or the validity of any resolution passed or decision made at any meeting of an association or of any committee of the association, cannot be challenged, impugned or in any way affected, nor can the compliance of any rule or rules of an association with the prescribed conditions, or the observance or validity of any such rule or rules or the operation of any award or order made under this Act, be challenged, impugned or in any way affected by reason only that—\n\t(a)\tthe association is also registered as an organization pursuant to the Commonwealth Act, or is a branch or forms part of an organization so registered;\n\t(b)\tmembers of the association are also members of an organization registered under the Commonwealth Act, and no register of members separate and distinct from the register kept by the organization registered under the Commonwealth Act is kept by the association, or no application for membership or membership fee separate from the application or fee made and paid to the organization registered under that Commonwealth Act has been made or paid to the association by any member;\n\t(c)\tthe association keeps and maintains no or insufficient books, accounts, records or rules which are separate and distinct from any books, accounts, records or rules kept and maintained by an organization registered under the Commonwealth Act, of which some or all of its members are members;\n\t(d)\tofficers or the association have been elected or appointed by or are also officers of an organisation registered under the Commonwealth Act; or\n\t(e)\tany matter consequential upon or arising out of the matters referred to in paragraphs (a) to (d).\n17—Enterprise agreements and spouses and domestic partners\nFrom the commencement of this clause, an enterprise agreement that provides that sick leave is available to an employee if the leave becomes necessary because of the sickness of a spouse, will be taken to provide that sick leave is available to an employee if the leave becomes necessary because of the sickness of a spouse or domestic partner (whether the agreement was entered into before or after the commencement of this clause).\n18—National industrial relations system\n\t(1)\tIn this clause—\ndesignated day means the day on which a Commonwealth law in the terms, or substantially in the terms, set out in the tabled text under the Fair Work (Commonwealth Powers) Act 2009 comes into operation.\n\t(2)\tThis Act will operate in relation to—\n\t(a)\tany matter arising under this Act before the designated day (including a matter that is not in the nature of a right or that is procedural in nature); and\n\t(b)\tany matter arising, directly or indirectly, out of such a matter,\ninsofar as the matter is not dealt with under the Fair Work Act 2009 of the Commonwealth on or after the designated day.\n\t(3)\tNothing in this clause is intended to limit or affect the operation of this Act—\n\t(a)\tin relation to industrial or other matters that are not affected by a law of the Commonwealth relating to matters referred to the Parliament of the Commonwealth under the Fair Work (Commonwealth Powers) Act 2009; or\n\t(b)\tin any other respect (except to the extent that this Act cannot apply by virtue of a law of the Commonwealth).\n","sortOrder":17},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Continuity of industrial arrangements—government business enterprises","content":"Schedule 2—Continuity of industrial arrangements—government business enterprises\n1—Preliminary\nfederal industrial instrument means any award, agreement determination, order or other form of instrument that relates to 1 or more industrial matters under the National Fair Work legislation, other than an Australian workplace agreement, a pre‑reform AWA or an Individual Transitional Employment Agreement;\nGBE means an agency or instrumentality of the Crown declared by proclamation to be a government business enterprise for the purposes of this Schedule;\nGBE employee means a person employed or appointed by a GBE;\nNational Fair Work legislation means—\n\t(a)\tthe Commonwealth Act; or\n\t(b)\tthe Fair Work (Transitional and Consequential Amendments) Act 2009 of the Commonwealth;\nrelevant day means, in relation to each GBE, a day fixed by the Governor by proclamation as being the relevant day for the purposes of the application of this Schedule to the GBE.\n2—Operation of federal industrial instruments\n\t(1)\tA federal industrial instrument that, on the relevant day in relation to a particular GBE, relates (or purports to relate) to the GBE employees of that GBE (being a federal industrial instrument in operation (or purportedly in operation) immediately before the relevant day), will, on the relevant day, be taken to be an award or enterprise agreement (as the case may require in order to achieve the greatest degree of correspondence) under this Act (insofar as it relates to those employees and any other relevant parties)—\n\t(a)\twith the same terms and provisions as the relevant instrument under the relevant Act of the Commonwealth; but\n\t(b)\tsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclauses (2), (3), (4) and (5).\n\t(2)\tThe regulations may prescribe rules that are to be applied for the purposes of achieving the greatest degree of correspondence envisaged by subclause (1).\n\t(3)\tIf an award or enterprise agreement is taken to exist under this Act by virtue of the operation of subclause (1)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved under this Act on the relevant day; and\n\t(b)\tthis Act will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tSAET may, on application by the Minister, or on application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if SAET is satisfied that it is fair and reasonable to do so in the circumstances.\n\t(4)\tSAET may, in varying an award or enterprise agreement under subclause (3)(c) (after taking into account what is fair and reasonable in the circumstances), confer an exemption from the operation of any provision of this Act (being an exemption that has effect subject to such conditions (if any) as SAET thinks fit to impose).\n\t(5)\tDespite a preceding subclause, if an award or enterprise agreement taken to exist under this clause would, but for this subclause, provide for remuneration or other conditions of employment that are inferior to the standards that apply under Chapter 3 Part 1 Division 2, the award or enterprise agreement will be taken to be modified to the extent necessary to meet those standards.\n\t(6)\tAn award or enterprise agreement taken to exist under this clause will, unless it has been superseded or rescinded in the meantime, expire at the end of the period of 2 years from the relevant day.\n3—Ability to carry over matters\nSAET may, in connection with the operation of this Schedule, or any matter arising, directly or indirectly, out of the operation of this Schedule—\n\t(a)\taccept, recognise, adopt or rely on any step taken under, or for the purposes of, the National Fair Work legislation; and\n\t(b)\taccept or rely on any matter or thing (including in the nature of evidence presented for the purposes of any proceedings) that has been presented, filed or provided under, or for the purposes of, the National Fair Work legislation; and\n\t(c)\tgive effect in any other way to any other thing done under, or for the purposes of, the National Fair Work legislation.\n","sortOrder":18},{"sectionNumber":"Sch 2A","sectionType":"schedule","heading":"Continuity of industrial arrangements—local government sector","content":"Schedule 2A—Continuity of industrial arrangements—local government sector\n1—Preliminary\ndesignated day means the day on which this Schedule comes into operation;\nfederal enterprise agreement means an enterprise agreement under the Commonwealth Act;\nfederal industrial instrument means any award, agreement determination, order or other form of instrument that relates to 1 or more industrial matters under the National Fair Work legislation, other than an Australian workplace agreement, a pre‑reform AWA or an Individual Transitional Employment Agreement;\nlocal government sector employee has the same meaning as in the Fair Work (Commonwealth Powers) Act 2009;\nNational Fair Work legislation means—\n\t(a)\tthe Commonwealth Act; or\n\t(b)\tthe Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\nState industrial instrument means—\n\t(a)\tan enterprise agreement approved (or purportedly reached) under this Act; or\n\t(b)\tan agreement reached (or purportedly approved) as a result of a referral of a matter to SAET under Schedule 1 of the Commercial Arbitration and Industrial Referral Agreements Act 1986.\n2—State industrial instruments\nA State industrial instrument—\n\t(a)\tthat relates (or purports to relate) to local government sector employees; and\n\t(b)\tthat is in operation (or purportedly in operation) immediately before the designated day,\nis to be taken to be, and to have always been, valid and effectual for the purposes of the law of the State.\n3—Federal industrial instruments—immediate changeover\n\t(1)\tA federal industrial instrument—\n\t(a)\tthat relates (or purports to relate) to local government sector employees; and\n\t(b)\tthat is in operation (or purportedly in operation) immediately before the designated day; and\n\t(c)\tin the case of an award—that is brought within the ambit of this clause by proclamation,\nwill, on the designated day, be taken to be an award or enterprise agreement (as the case may require in order to achieve the greatest degree of correspondence) under this Act (insofar as it relates to those employees and any other relevant parties)—\n\t(d)\twith the same terms and provisions as the relevant instrument under the relevant Act of the Commonwealth; but\n\t(e)\tsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclauses (2), (3), (4) and (5).\n\t(2)\tThe regulations may prescribe rules that are to be applied for the purposes of achieving the greatest degree of correspondence envisaged by subclause (1).\n\t(3)\tIf an award or enterprise agreement is taken to exist under this Act by virtue of the operation of subclause (1)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved under this Act on the designated day; and\n\t(b)\tthis Act will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tSAET may, on application by the Minister, or on application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if SAET is satisfied that it is fair and reasonable to do so in the circumstances.\n\t(4)\tSAET may, in varying an award or enterprise agreement under subclause (3)(c) (after taking into account what is fair and reasonable in the circumstances), confer an exemption from the operation of any provision of this Act (being an exemption that has effect subject to such conditions (if any) as SAET thinks fit to impose).\n\t(5)\tDespite a preceding subclause, if an award or enterprise agreement taken to exist under this clause would, but for this subclause, provide for remuneration or other conditions of employment that are inferior to the standards that apply under Chapter 3 Part 1 Division 2, the award or enterprise agreement will be taken to be modified to the extent necessary to meet those standards.\n\t(6)\tAn award or enterprise agreement taken to exist under this clause will, unless it has been superseded or rescinded in the meantime, expire at the end of the period of 2 years from the designated day.\n4—Federal enterprise agreements—later changeover\n\t(a)\tan application for approval of a federal enterprise agreement that relates to local government sector employees has been made under section 185 of the Commonwealth Act before the designated day but not approved by Fair Work Australia by that day; and\n\t(b)\tFair Work Australia then approves the federal enterprise agreement under the Commonwealth Act on or after the designated day,\nthen the federal enterprise agreement will, on its approval by Fair Work Australia, be taken to be an enterprise agreement that has been approved by this Act—\n\t(c)\twith the same terms and provisions as the federal enterprise agreement; but\n\t(d)\tsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclauses (2), (3) and (4).\n\t(2)\tIf an enterprise agreement is taken to be approved under this Act by virtue of the operation of subclause (1)—\n\t(a)\tthis Act will apply in relation to the enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(b)\tSAET may, on application by the Minister, or on application by a person or body recognised by regulations made for the purposes of this subclause, vary any term or provision of the enterprise agreement if SAET is satisfied that it is fair and reasonable to do so in the circumstances.\n\t(3)\tSAET may, in varying an enterprise agreement under subclause (2)(b) (after taking into account what is fair and reasonable in the circumstances), confer an exemption from the operation of any provision of this Act (being an exemption that has effect subject to such conditions (if any) as SAET thinks fit to impose).\n\t(4)\tDespite a preceding subclause, if an enterprise agreement taken to be approved under this clause would, but for this subclause, provide for remuneration or other conditions of employment that are inferior to the standards that apply under Chapter 3 Part 1 Division 2, the enterprise agreement will be taken to be modified to the extent necessary to meet those standards.\n\t(5)\tAn enterprise agreement taken to be approved under this clause will, unless it has been superseded or rescinded in the meantime, expire at the end of the period of 2 years from the date of approval of the federal enterprise agreement.\n5—Ability to carry over matters\nSAET may, in connection with the operation of this Schedule, or any matter arising, directly or indirectly, out of the operation of this Schedule—\n\t(a)\taccept, recognise, adopt or rely on any step taken under, or for the purposes of, the National Fair Work legislation; and\n\t(b)\taccept or rely on any matter or thing (including in the nature of evidence presented for the purposes of any proceedings) that has been presented, filed or provided under, or for the purposes of, the National Fair Work legislation; and\n\t(c)\tgive effect in any other way to any other thing done under, or for the purposes of, the National Fair Work legislation.\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Minimum standard for sick leave/carer's leave","content":"Schedule 3—Minimum standard for sick leave/carer's leave\ncontinuous service means continuous service under a contract of employment and includes a period of paid leave taken under this Act or under an award or enterprise agreement;\nfull pay means remuneration for ordinary hours of work (not including payments in the nature of penalty rates, overtime, allowances or loadings).\n2—Application of standard\nThis Schedule does not apply to a person who is engaged and paid as a casual employee.\n3—Accrual of sick leave entitlement\n\t(1)\tAn employee's entitlement to sick leave accrues as follows—\n\t(a)\tfor the first year of continuous service—entitlement to sick leave accrues at the rate of 5/26 of one day for each completed week; and\n\t(b)\tfor each later year of continuous service—an entitlement to 10 days' sick leave accrues at the beginning of each year.\n\t(2)\tAn employee's sick leave credit is worked out by adding any unexpended sick leave entitlement that had accrued to the employee before the employee became subject to this Schedule and any unexpended entitlement that accrues under this Schedule.\n\t(3)\tAny sick leave taken by the employee is deducted from the employee's sick leave credit.\n4—Taking sick leave\n\t(1)\tAn employee who has a sick leave credit is entitled to take sick leave if the employee is too sick to work.\n\t(2)\tAn employee who has a sick leave credit, and who is on annual leave, is entitled to take sick leave instead of annual leave if the person is too sick to work for a period of at least three days.\n\t(3)\tHowever, the employee is not entitled to take sick leave unless—\n\t(a)\tthe employee gives the employer notice of the sickness, its nature and estimated duration before the period for which sick leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the period begins); and\n\t(b)\tthe employee, at the request of the employer, provides a medical certificate or other reasonable evidence of the sickness.\n\t(4)\tSick leave taken during a period of annual leave does not count as annual leave.\n\t(5)\tAn employee may take sick leave for a part of a day in a block of 1 or more hours.\n\t(6)\tThe following provisions apply in connection with subsection (5):\n\t(a)\tif a period of sick leave exceeds 1 hour but does not equal a whole number of hours, the fraction of an hour will be taken to be a whole hour; and\n\t(b)\twhen the number of hours taken as sick leave under subsection (5) equals the number of hours usually worked by the employee in a day, then the employee will be taken to have taken 1 day's sick leave.\n5—Sick leave to be on full pay\n\t(1)\tA full-time employee is entitled to full pay for a period of sick leave.\n\t(2)\tA part-time employee is entitled to pro-rata pay for a period of sick leave.\n6—Carer's leave\n\t(1)\tAn employee with an accrued entitlement to sick leave under a preceding section may use up to 5 days of that entitlement in each year to care for and support members of the employee's family when they are sick.\n\t(2)\tThe employee must, if practicable before taking leave under this section, give the employer notice of—\n\t(a)\tthe employee's intention to take the leave; and\n\t(b)\tthe reason for the leave; and\n\t(c)\tthe name of the person requiring the care and that person's relationship to the employee; and\n\t(d)\tthe time the employee expects to be absent,\nbut if it is not possible to give the notice before commencing the leave, the employee must give the notice as soon as practicable in the circumstances.\n\t(3)\tThe employee must, if required by the employer, produce reasonable evidence of the sickness and the need for the employee's care.\n\t(4)\tAn employee is, while taking leave under this section, entitled to pay at the same rate as if he or she was on sick leave.\n","sortOrder":20},{"sectionNumber":"Sch 3A","sectionType":"schedule","heading":"Minimum standard for bereavement leave","content":"Schedule 3A—Minimum standard for bereavement leave\n1—Bereavement leave\n\t(1)\tAn employee is entitled to 2 days bereavement leave in the case of the death of a member of the employee's family.\n\t(2)\tThe leave may be taken—\n\t(a)\tat a time of the employee's choosing within a period commencing on the date of death of the family member and ending 2 days after the funeral; or\n\t(b)\tat some other time agreed with the employer.\n\t(3)\tThe employee must, if required by the employer, produce reasonable evidence of the death and of the relationship of the deceased to the employee.\n\t(4)\tA full-time employee is entitled to full pay for a period of bereavement leave.\n\t(5)\tA part-time employee is entitled to pro-rata pay for a period of bereavement leave.\n","sortOrder":21},{"sectionNumber":"Sch 3B","sectionType":"schedule","heading":"Family and domestic violence leave","content":"Schedule 3B—Family and domestic violence leave\nfamily and domestic violence means domestic abuse within the meaning of the Intervention Orders (Prevention of Abuse) Act 2009.\n2—Entitlement to family and domestic violence leave\n\t(1)\tAn employee is entitled to 15 days family and domestic violence leave from the beginning of each year of their employment.\n\t(2)\tFamily and domestic violence leave that has not been taken by an employee will not accrue into a subsequent year of their employment.\n3—Taking family and domestic violence leave\n\t(1)\tAn employee is entitled to take family and domestic violence leave for any of the following purposes arising from or in relation to family and domestic violence experienced by the employee:\n\t(a)\tto attend medical appointments of any kind, including appointments relating to mental and emotional health;\n\t(b)\tto seek and receive legal advice or assistance in relation to proceedings or potential proceedings of any kind;\n\t(c)\tto attend or otherwise make arrangements for proceedings of any kind;\n\t(d)\tto relocate residences or make other safety arrangements of any kind;\n\t(e)\tfor any other purpose relating to the employee dealing with the impact of family and domestic violence;\n\t(f)\tfor any other purpose prescribed by the regulations.\n\t(2)\tThe employee must, if practicable before taking leave under this section, give the employer notice of—\n\t(a)\tthe employee's intention to take the leave; and\n\t(b)\tthe purpose for which the employee intends to take the leave; and\n\t(c)\tthe time the employee expects to be absent,\nbut if it is not possible to give the notice before commencing the leave, the employee must give the notice as soon as practicable in the circumstances.\n\t(3)\tThe employee must, at the request of the employer, provide evidence that would satisfy a reasonable person that the leave is for 1 of the purposes listed in subclause (1).\n\t(4)\tIn relation to the provision of evidence under subclause (3), the employer must not request, and the employee is not required to provide, information relating to the details, nature or extent of the family and domestic violence experienced by the employee.\n\t(5)\tAn employee may take family and domestic violence leave for a part of a day in a block of 1 or more hours.\n\t(6)\tThe following provisions apply in connection with subclause (5):\n\t(a)\tif a period of family and domestic violence leave exceeds 1 hour but does not equal a whole number of hours, the fraction of an hour will be taken to be a whole hour;\n\t(b)\twhen the number of hours taken as family and domestic violence leave under subclause (5) equals the number of hours usually worked by the employee in a day, then the employee will be taken to have taken 1 day's family and domestic violence leave.\n4—Family and domestic violence leave to be at full rate of pay\n\t(1)\tIf an employee takes a period of family and domestic violence leave in accordance with this Schedule, the employee is entitled to the following in relation to that period:\n\t(a)\tfor an employee other than a casual employee—the employee's full rate of pay (including overtime, allowances, loadings or any other separately identifiable amount), worked out as if the employee had not taken the period of leave;\n\t(b)\tfor a casual employee—the employee's full rate of pay (including overtime, allowances, loadings or any other separately identifiable amount), worked out as if the employee had worked the hours in the period for which the employee was rostered.\n\t(2)\tWithout limiting subclause (1)(b), an employee is taken to have been rostered to work hours in a period if the employee has accepted an offer by the employer of work for those hours.\n\t(3)\tSubclause (1)(b) does not prevent a casual employee from taking a period of family and domestic violence leave that does not include hours for which the employee is rostered to work, however the employer is not required to pay the employee in relation to such a period.\n5—Confidentiality\n\t(1)\tInformation obtained under this Schedule in relation to an employee's experience of family and domestic violence must not be disclosed, except—\n\t(a)\twith the consent of the person to whom the information relates; or\n\t(b)\tfor the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of a child; or\n\t(c)\tif the disclosure is reasonably necessary for the protection of the lawful interests of the person disclosing the information.\n\t(2)\tSubclause (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subclause (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tA pay slip provided by an employer to an employee must not include any of the following information:\n\t(a)\tinformation indicating that leave taken by the employee was family and domestic violence leave;\n\t(b)\tinformation indicating that an amount paid to the employee was payment in respect of family and domestic violence leave;\n\t(c)\tinformation relating to the balance of the employee's entitlement to family and domestic violence leave.\nFor example, a pay slip may, in respect of an amount paid to an employee for any family and domestic violence leave taken, describe the leave taken as \"special leave\", \"miscellaneous leave\" or \"other leave\".\n","sortOrder":22},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Minimum standard for annual leave","content":"Schedule 4—Minimum standard for annual leave\ncontinuous service means continuous service under a contract of employment and includes a period of paid leave taken under this Act or under an award or enterprise agreement;\nfull pay means remuneration for ordinary hours of work (not including payments in the nature of penalty rates, overtime, allowances or loadings).\n2—Application of standard\nThis Schedule does not apply to a person who is engaged and paid as a casual employee.\n3—Accrual of annual leave entitlement\nAn employee's entitlement to annual leave accrues as follows—\n\t(a)\tan employee is entitled to 4 weeks' annual leave for each completed year of continuous service; and\n\t(b)\tif an employee's employment comes to an end and the period of service is not exactly divisible into complete years—the employee is entitled to ⅓ of one week's annual leave for each completed month of the remainder.\n4—Taking annual leave\n\t(1)\tAnnual leave is to be taken at a time agreed between the employer and the employee.\n\t(2)\tHowever, an employer may require an employee to take annual leave by giving the employee notice of the requirement at least 2 weeks before the period of annual leave is to begin if—\n\t(a)\tthe employer and the employee fail to agree on the time for taking the annual leave; or\n\t(b)\tthe taking of the leave is necessary to facilitate a temporary shut-down of part or all of the employer's business operations.\n\t(3)\tIf an employer determines the time for taking annual leave under subsection (2)(a), the leave must begin within 12 months after the entitlement to the leave accrues.\n5—Annual leave to be on full pay\n\t(1)\tA full-time employee is entitled to full pay for a period of annual leave.\n\t(2)\tA part-time employee is entitled to pro-rata pay for a period of annual leave.\n\t(3)\tIf an employee's employment comes to an end before the employee has taken all the annual leave to which the employee is entitled, the employee (or the employee's estate) is entitled to the monetary equivalent of that leave.\n","sortOrder":23},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Minimum standard for parental leave","content":"Schedule 5—Minimum standard for parental leave\nadoption means the adoption of a child who is not the natural child of the employee or the employee's spouse or domestic partner, who is less than five years of age, and who has not lived continuously with the employee for six months or longer;\ncontinuous service means continuous service under a contract of employment and includes a period of paid leave or absence taken under this Act or under an award or enterprise agreement;\nexpected date of birth means a day certified by a medical practitioner as the expected date of birth;\nemployee does not include a person engaged and paid as a casual employee;\nparental leave means unpaid leave under this Schedule.\n2—Entitlement to parental leave\n\t(1)\tSubject to this Schedule, an employee is entitled to take parental leave for a period of up to 52 weeks for—\n\t(a)\tthe birth of a child to the employee or the employee's spouse or domestic partner; or\n\t(b)\tthe placement of a child with the employee with a view to the adoption of the child by the employee.\n\t(2)\tAn employee is not entitled to take parental leave unless the employee—\n\t(a)\thas, before the expected date of birth or placement, completed at least 12 months' continuous service with the employer; and\n\t(b)\thas given the employer at least ten weeks' written notice of intention to take the leave.\n\t(3)\tAn employee is not entitled to take parental leave at the same time as the employee's spouse or domestic partner apart from one week's parental leave taken by the employee and the employee's spouse or domestic partner immediately after the birth of the child or the placement of the child for adoption with the employee and the employee's spouse or domestic partner.\n\t(4)\tApart from the period of one week referred to above, an employee's entitlement to parental leave is reduced by a period of parental leave taken by the employee's spouse or domestic partner for the same child.\n3—Maternity leave to start 6 weeks before birth\nA female employee who has given notice of her intention to take parental leave for the birth of a child must start the leave 6 weeks before the expected date of birth unless a medical practitioner has certified that the employee is fit to work closer to the expected date of birth.\n4—Medical certificate\nAn employee who has given notice of intention to take parental leave for the birth of a child must provide the employer with a certificate from a medical practitioner certifying that the employee or the employee's spouse or domestic partner is pregnant and the expected date of birth.\n5—Notice of spouse's parental leave\n\t(1)\tAn employee who has given notice of intention to take parental leave or who is actually taking parental leave must give the employer notice of periods of parental leave taken or to be taken by the employee's spouse or domestic partner for the same child.\n\t(2)\tA notice given under subsection (1) must, if the employer requires, be verified by statutory declaration.\n6—Starting and finishing dates of parental leave\n\t(1)\tThe starting and finishing dates for a period of parental leave must (subject to this Schedule) be agreed between the employer and the employee.\n\t(2)\tHowever, parental leave may not extend more than one year after the date of the birth, or placement for adoption, of the child to whom the leave relates.\n7—Return to work after parental leave\n\t(1)\tOn finishing parental leave, an employee is entitled to the position the employee held immediately before starting parental leave.\n\t(a)\tif the employee was temporarily acting in, or performing the duties of, a position immediately before starting parental leave, the entitlement under this section relates to the employee's substantive position; and\n\t(b)\tif the former position is no longer available, the employee is entitled to an available position for which the employee is qualified and suited nearest in status and remuneration to the former position.\n8—Effect of parental leave on employment rights\nAbsence on parental leave does not break an employee's continuity of service, but is not to be taken into account in calculating the employee's period of service.\n9—Part-time employment in lieu of parental leave\nAn employee who is entitled to parental leave may, by agreement with the employer, reduce the employee's hours of employment to an agreed extent in lieu of taking parental leave.\n","sortOrder":24},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Equal Remuneration Convention","content":"Schedule 6—Equal Remuneration Convention\nCONVENTION CONCERNING EQUAL REMUNERATION FOR MEN AND WOMEN WORKERS FOR WORK OF EQUAL VALUE\nHaving been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-fourth Session on 6 June 1951, and\nHaving decided upon the adoption of certain proposals with regard to the principle of equal remuneration for men and women workers for work of equal value, which is the seventh item on the agenda of the session, and\nHaving determined that these proposals shall take the form of an International Convention,\nadopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one the following Convention, which may be cited as the Equal Remuneration Convention, 1951:\nFor the purpose of this Convention—\n\t(a)\tthe term \"remuneration\" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment;\n\t(b)\tthe term \"equal remuneration for men and women workers for work of equal value\" refers to rates of remuneration established without discrimination based on sex.\n\t1.\tEach Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.\n\t2.\tThis principle may be applied by means of—\n\t(a)\tnational laws or regulations;\n\t(b)\tlegally established or recognised machinery for wage determination;\n\t(c)\tcollective agreements between employers and workers; or\n\t(d)\ta combination of these various means.\n\t1.\tWhere such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.\n\t2.\tThe methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the parties thereto.\n\t3.\tDifferential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value.\nEach member shall cooperate as appropriate with the employers' and workers' organisations concerned for the purpose of giving effect to the provisions of this Convention.\nThe formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.\n\t1.\tThis Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.\n\t2.\tIt shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.\n\t3.\tThereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.\n\t1.\tDeclarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labour Organisation shall indicate—\n\t(a)\tthe territories in respect of which the Member concerned undertakes that the provisions of the Convention shall be applied without modification;\n\t(b)\tthe territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;\n\t(c)\tthe territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;\n\t(d)\tthe territories in respect of which it reserves its decisions pending further consideration of the position.\n\t2.\tThe undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.\n\t3.\tAny Member may at any time by a subsequent declaration cancel in whole or in part any reservation made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.\n\t4.\tAny Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.\n\t1.\tDeclarations communicated to the Director-General of the International Labour Office in accordance with paragraphs 4 or 5 of Article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications, it shall give details of the said modifications.\n\t2.\tThe Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.\n\t3.\tThe Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.\n\t1.\tA Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.\n\t2.\tEach Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.\n\t1.\tThe Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.\n\t2.\tWhen notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.\nThe Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.\nAt such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.\n\t1.\tShould the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides—\n\t(a)\tthe ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;\n\t(b)\tas from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.\n\t2.\tThis Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.\nThe foregoing is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organisation during its Thirty-fourth Session which was held at Geneva and declared closed the twenty-ninth day of June 1951.\nIN FAITH WHEREOF we have appended our signatures this second day of August 1951.\n","sortOrder":25},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Termination of Employment Convention","content":"Schedule 7—Termination of Employment Convention\nCONVENTION CONCERNING TERMINATION OF EMPLOYMENT AT THE INITIATIVE OF THE EMPLOYER\nHaving been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-eighth Session on 2 June 1982, and\nNoting the Existing international standards contained in the Termination of Employment Recommendation, 1963, and\nNoting that since the adoption of the Termination of Employment Recommendation, 1963, significant developments have occurred in the law and practice of many member States on the questions covered by that Recommendation, and\nConsidering that these developments have made it appropriate to adopt new international standards on the subject, particularly having regard to the serious problems in this field resulting from the economic difficulties and technological changes experienced in recent years in many countries,\nHaving decided upon the adoption of certain proposals with regard to termination of employment at the initiative of the employer, which is the fifth item on the agenda of the session, and\nHaving determined that these proposals shall take the form of an international Convention;\nadopts this twenty-second day of June of the year one thousand nine hundred and eighty-two the following Convention, which may be cited as the Termination of Employment Convention, 1982.\nPART I.\tMETHODS OF IMPLEMENTATION, SCOPE AND DEFINITIONS\nThe provisions of this Convention shall, in so far as they are not otherwise made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, be given effect by laws or regulations.\n\t1.\tThis Convention applies to all branches of economic activity and to all employed persons.\n\t2.\tA Member may exclude the following categories of employed persons from all or some of the provisions of this Convention:\n\t(a)\tworkers engaged under a contract of employment for a specified period of time or a specified task;\n\t(b)\tworkers serving a period of probation or a qualifying period of employment, determined in advance and of reasonable duration;\n\t(c)\tworkers engaged on a casual basis for a short period.\n\t3.\tAdequate safeguards shall be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from this Convention.\n\t4.\tIn so far as necessary, measures may be taken by the competent authority or through the appropriate machinery in a country, after consultation with the organisations of employers and workers concerned, where such exist, to exclude from the application of this Convention or certain provisions thereof categories of employed persons whose terms and conditions of employment are governed by special arrangements which as a whole provide protection that is at least equivalent to the protection afforded under the Convention.\n\t5.\tIn so far as necessary, measures may be taken by the competent authority or through the appropriate machinery in a country, after consultation with the organisations of employers and workers concerned, where such exist, to exclude from the application of this Convention or certain provisions thereof other limited categories of employed persons in respect of which special problems of a substantial nature arise in the light of the particular conditions of employment of the workers concerned or the size or nature of the undertaking that employs them.\n\t6.\tEach Member which ratifies this Convention shall list in the first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organisation any categories which may have been excluded in pursuance of paragraphs 4 and 5 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice regarding the categories excluded, and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.\nFor the purpose of this Convention the terms \"termination\" and \"termination of employment\" mean termination of employment at the initiative of the employer.\nPART II.\tSTANDARDS OF GENERAL APPLICATION\nDIVISION A.\tJUSTIFICATION FOR TERMINATION\nThe employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.\nThe following, inter alia, shall not constitute valid reasons for termination:\n\t(a)\tunion membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;\n\t(b)\tseeking office as, or acting or having acted in the capacity of, a workers' representative;\n\t(c)\tthe filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities;\n\t(d)\trace, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin;\n\t(e)\tabsence from work during maternity leave.\n\t1.\tTemporary absence from work because of illness or injury shall not constitute a valid reason for termination.\n\t2.\tThe definition of what constitutes temporary absence from work, the extent to which medical certification shall be required and possible limitations to the application of paragraph 1 of this Article shall be determined in accordance with the methods of implementation referred to in Article 1 of this Convention.\nDIVISION B.\tPROCEDURE PRIOR TO OR AT THE TIME OF TERMINATION\nThe employment of a worker shall not be terminated for reasons related to the worker's conduct or performance before he is provided an opportunity to defend himself against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity.\nDIVISION C.\tPROCEDURE OF APPEAL AGAINST TERMINATION\n\t1.\tA worker who considers that his employment has been unjustifiably terminated shall be entitled to appeal against that termination to an impartial body, such as a court, labour tribunal, arbitration committee or arbitrator.\n\t2.\tWhere termination has been authorised by a competent authority the application of paragraph 1 of this Article may be varied according to national law and practice.\n\t3.\tA worker may be deemed to have waived his right to appeal against the termination of his employment if he has not exercised that right within a reasonable period of time after termination.\n\t1.\tThe bodies referred to in Article 8 of this Convention shall be empowered to examine the reasons given for the termination and the other circumstances relating to the case and to render a decision on whether the termination was justified.\n\t2.\tIn order for the worker not to have to bear alone the burden of proving that the termination was not justified, the methods of implementation referred to in Article 1 of this Convention shall provide for one or the other or both of the following possibilities:\n\t(a)\tthe burden of proving the existence of a valid reason for the termination as defined in Article 4 of this Convention shall rest on the employer;\n\t(b)\tthe bodies referred to in Article 8 of this Convention shall be empowered to reach a conclusion on the reason for the termination having regard to the evidence provided by the parties and according to procedures provided for by national law and practice.\n\t3.\tIn cases of termination stated to be for reasons based on the operational requirements of the undertaking, establishment or service, the bodies referred to in Article 8 of this Convention shall be empowered to determine whether the termination was indeed for these reasons, but the extent to which they shall also be empowered to decide whether these reasons are sufficient to justify that termination shall be determined by the methods of implementation referred to in Article 1 of this Convention.\nIf the bodies referred to in Article 8 of this Convention find that termination is unjustified and if they are not empowered or do not find it practicable, in accordance with national law and practice, to declare the termination invalid and/or order or propose reinstatement of the worker, they shall be empowered to order payment of adequate compensation or such other relief as may be deemed appropriate.\nDIVISION D.\tPERIOD OF NOTICE\nA worker whose employment is to be terminated shall be entitled to a reasonable period of notice or compensation in lieu thereof, unless he is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the employer to continue his employment during the notice period.\nDIVISION E.\tSEVERANCE ALLOWANCE AND OTHER INCOME PROTECTION\n\t1.\tA worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to—\n\t(a)\ta severance allowance or other separation benefits, the amount of which shall be based inter alia on length of service and the level of wages, and paid directly by the employer or by a fund constituted by employers' contributions; or\n\t(b)\tbenefits from unemployment insurance or assistance or other forms of social security, such as old age or invalidity benefits, under the normal conditions to which such benefits are subject; or\n\t(c)\ta combination of such allowance and benefits.\n\t2.\tA worker who does not fulfil the qualifying conditions for unemployment insurance or assistance under a scheme of general scope need not be paid any allowance or benefit referred to in paragraph 1, subparagraph (a), of this Article solely because he is not receiving an unemployment benefit under paragraph 1, subparagraph (b).\n\t3.\tProvision may be made by the methods of implementation referred to in Article 1 of this Convention for loss of entitlement to the allowance or benefits referred to in paragraph 1, subparagraph (a), of this Article in the event of termination for serious misconduct.\nPART III.\tSUPPLEMENTARY PROVISIONS CONCERNING TERMINATIONS OF EMPLOYMENT FOR ECONOMIC, TECHNOLOGICAL, STRUCTURAL OR SIMILAR REASONS\nDIVISION A.\tCONSULTATION OF WORKERS' REPRESENTATIVES\n\t1.\tWhen the employer contemplates terminations for reasons of an economic, technological, structural or similar nature, the employee shall:\n\t(a)\tprovide the workers' representatives concerned in good time with relevant information including the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out;\n\t(b)\tgive, in accordance with national law and practice, the workers' representatives concerned, as early as possible, an opportunity for consultation on measures to be taken to avert or to minimise the terminations and measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment.\n\t2.\tThe applicability of paragraph 1 of this Article may be limited by the methods of implementation referred to in Article 1 of this Convention to cases in which the number of workers whose termination of employment is contemplated is at least a specified number or percentage of the workforce.\n\t3.\tFor the purposes of this Article the term \"the workers' representatives concerned\" means the workers' representatives recognised as such by national law or practice, in conformity with the Workers' Representatives Convention, 1971.\nDIVISION B.\tNOTIFICATION TO THE COMPETENT AUTHORITY\n\t1.\tWhen the employer contemplates terminations for reasons of an economic, technological, structural or similar nature, he shall notify, in accordance with national law and practice, the competent authority thereof as early as possible, giving relevant information, including a written statement of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out.\n\t2.\tNational laws or regulations may limit the applicability of paragraph 1 of this Article to cases in which the number of workers whose termination of employment is contemplated is at least a specified number or percentage of the workforce.\n\t3.\tThe employer shall notify the competent authority of the terminations referred to in paragraph 1 of this Article a minimum period of time before carrying out the terminations, such period to be specified by national laws or regulations.\nPART IV.\tFINAL PROVISIONS\nThe formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.\n\t1.\tThis Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.\n\t2.\tIt shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.\n\t3.\tThereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.\nArticle 17\t\n\t1.\tA Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.\n\t2.\tEach Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.\nArticle 18\t\n\t1.\tThe Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.\n\t2.\tWhen notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.\nArticle 19\t\nThe Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.\nArticle 20\t\nAt such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the conference the question of its revision in whole or in part.\nArticle 21\t\n\t1.\tShould the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides—\n\t(a)\tthe ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;\n\t(b)\tas from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.\n\t2.\tThis Convention shall in any case remain in force in its actual form and content for those members which have ratified it but have not ratified the revising Convention.\nArticle 22\t\nThe foregoing is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organisation during its Sixty-eighth Session which was held at Geneva and declared closed the twenty-third day of June 1982.\nIN FAITH WHEREOF we have appended our signatures this twenty-third day of June 1982.\n","sortOrder":26},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Rules for terminating employment","content":"Schedule 8—Rules for terminating employment\n1—Employee to be given notice of termination\n\t(1)\tAn employer must not terminate an employee's employment unless—\n\t(a)\tthe employee has been given either the period of notice required by subsection (2) or compensation instead of notice; or\n\t(b)\tthe employee is guilty of serious misconduct, that is, misconduct of a kind that makes it unreasonable to require the employer to continue the employment during the notice period.\n\t(2)\tThe required period of notice is worked out as follows—\n\t(a)\tif the employee's period of continuous service with the employer is not more than 1 year—the period of notice is at least 1 week; and\n\t(b)\tif the employee's period of continuous service with the employer is more than 1 year but not more than 3 years—the period of notice is at least 2 weeks; and\n\t(c)\tif the employee's period of continuous service with the employer is more than 3 years but not more than 5 years—the period of notice is at least 3 weeks; and\n\t(d)\tif the employee's period of continuous service with the employer is more than 5 years—the period of notice is at least 4 weeks,\nbut if the employee is over 45 years old and has completed at least 2 years continuous service with the employer, the period of notice is increased by 1 week.\n\t(3)\tThe regulations may prescribe events or other matters that must be disregarded, or must in prescribed circumstances be disregarded, in ascertaining a period of continuous service for the purposes of subsection (2).\n2—Employee to have opportunity to respond to allegations\nAn employer must not terminate an employee's employment for reasons related to the employee's conduct or performance unless—\n\t(a)\tthe employee has been given the opportunity to defend himself or herself against the allegations made; or\n\t(b)\tthe employer could not reasonably be expected to give the employee that opportunity.\n3—Employer to comply with obligations imposed by regulation\n\t(1)\tAn employer must comply with the rules and procedures prescribed by regulation under subsection (2).\n\t(2)\tRegulations may be made prescribing rules and procedures to be observed by employers in relation to the termination of employment for the purpose of giving full effect to the provisions and intendment of the Termination of Employment Convention.\n","sortOrder":27},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Worst Forms of Child Labour Convention 1999","content":"Schedule 9—Worst Forms of Child Labour Convention 1999\nC182\tWorst Forms of Child Labour Convention, 1999\nThe General Conference of the International Labour Organization,\nHaving been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 87th Session on 1 June 1999, and\nConsidering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain fundamental instruments on child labour, and\nConsidering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families, and\nRecalling the resolution concerning the elimination of child labour adopted by the International Labour Conference at its 83rd Session in 1996, and\nRecognizing that child labour is to a great extent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and\nRecalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, and\nRecalling the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, and\nRecalling that some of the worst forms of child labour are covered by other international instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and\nHaving decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and\nHaving determined that these proposals shall take the form of an international Convention;\nadopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labour Convention, 1999.\nEach Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.\nFor the purposes of this Convention, the term child shall apply to all persons under the age of 18.\nFor the purposes of this Convention, the term the worst forms of child labour comprises:\n\t(a)\tall forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;\n\t(b)\tthe use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;\n\t(c)\tthe use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;\n\t(d)\twork which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.\n\t1.\tThe types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.\n\t2.\tThe competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.\n\t3.\tThe list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.\nEach Member shall, after consultation with employers' and workers' organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention.\n\t1.\tEach Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour.\n\t2.\tSuch programmes of action shall be designed and implemented in consultation with relevant government institutions and employers' and workers' organizations, taking into consideration the views of other concerned groups as appropriate.\n\t1.\tEach Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions.\n\t2.\tEach Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to:\n\t(a)\tprevent the engagement of children in the worst forms of child labour;\n\t(b)\tprovide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;\n\t(c)\tensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;\n\t(d)\tidentify and reach out to children at special risk; and\n\t(e)\ttake account of the special situation of girls.\n\t3.\tEach Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention.\nMembers shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.\nThe formal ratifications of this Convention shall be communicated to the Director‑General of the International Labour Office for registration.\n\t1.\tThis Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director‑General of the International Labour Office.\n\t2.\tIt shall come into force 12 months after the date on which the ratifications of two Members have been registered with the Director-General.\n\t3.\tThereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered.\n\t1.\tA Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.\n\t2.\tEach Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.\n\t1.\tThe Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and acts of denunciation communicated by the Members of the Organization.\n\t2.\tWhen notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force.\nThe Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director‑General in accordance with the provisions of the preceding Articles.\nAt such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.\n\t1.\tShould the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides—\n\t(a)\tthe ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above, if and when the new revising Convention shall have come into force;\n\t(b)\tas from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.\n\t2.\tThis Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.\nConventions: C029 Forced Labour Convention, 1930\nConventions: C138 Minimum Age Convention, 1973\nRecommendations: R035 Forced Labour (Indirect Compulsion) Recommendation, 1930\nRecommendations: R036 Forced Labour (Regulation) Recommendation, 1930\nRecommendations: R146 Minimum Age Recommendation, 1973\nSupplemented: R190 Complemented by the Worst Forms of Child Labour Recommendation, 1999\nConstitution: 22: article 22 of the Constitution of the International Labour Organisation\n","sortOrder":28},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Workers with Family Responsibilities Convention 1981","content":"Schedule 10—Workers with Family Responsibilities Convention 1981\nC156\tWorkers with Family Responsibilities Convention, 1981\nHaving been convened at Geneva by the Governing Body of the International Labour Office and having met in its Sixty-seventh Session on 3 June 1981, and\nNoting the Declaration of Philadelphia concerning the Aims and Purposes of the International Labour Organisation which recognises that \"all human beings, irrespective of race, creed or sex, have the right to pursue their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity\", and\nNoting the terms of the Declaration on Equality of Opportunity and Treatment for Women Workers and of the resolution concerning a plan of action with a view to promoting equality of opportunity and treatment for women workers, adopted by the International Labour Conference in 1975, and\nNoting the provisions of international labour Conventions and Recommendations aimed at ensuring equality of opportunity and treatment for men and women workers, namely the Equal Remuneration Convention and Recommendation, 1951, the Discrimination (Employment and Occupation) Convention and Recommendation, 1958, and Part VIII of the Human Resources Development Recommendation, 1975, and\nRecalling that the Discrimination (Employment and Occupation) Convention, 1958, does not expressly cover distinctions made on the basis of family responsibilities, and considering that supplementary standards are necessary in this respect, and\nNoting the terms of the Employment (Women with Family Responsibilities) Recommendation, 1965, and considering the changes which have taken place since its adoption, and\nNoting that instruments on equality of opportunity and treatment for men and women have also been adopted by the United Nations and other specialised agencies, and recalling, in particular, the fourteenth paragraph of the Preamble of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979, to the effect that States Parties are \"aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women\", and\nRecognising that the problems of workers with family responsibilities are aspects of wider issues regarding the family and society which should be taken into account in national policies, and\nRecognising the need to create effective equality of opportunity and treatment as between men and women workers with family responsibilities and between such workers and other workers, and\nConsidering that many of the problems facing all workers are aggravated in the case of workers with family responsibilities and recognising the need to improve the conditions of the latter both by measures responding to their special needs and by measures designed to improve the conditions of workers in general, and\nHaving decided upon the adoption of certain proposals with regard to equal opportunities and equal treatment for men and women workers: workers with family responsibilities, which is the fifth item on the agenda of the session, and\nHaving determined that these proposals shall take the form of an international Convention,\nadopts the twenty-third day of June of the year one thousand nine hundred and eighty‑one, the following Convention, which may be cited as the Workers with Family Responsibilities Convention, 1981:\n\t1.\tThis Convention applies to men and women workers with responsibilities in relation to their dependent children, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.\n\t2.\tThe provisions of this Convention shall also be applied to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity.\n\t3.\tFor the purposes of this Convention, the terms dependent child and other member of the immediate family who clearly needs care or support mean persons defined as such in each country by one of the means referred to in Article 9 of this Convention.\n\t4.\tThe workers covered by virtue of paragraphs 1 and 2 of this Article are hereinafter referred to as workers with family responsibilities.\nThis Convention applies to all branches of economic activity and all categories of workers.\n\t1.\tWith a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.\n\t2.\tFor the purposes of paragraph 1 of this Article, the term discrimination means discrimination in employment and occupation as defined by Articles 1 and 5 of the Discrimination (Employment and Occupation) Convention, 1958.\nWith a view to creating effective equality of opportunity and treatment for men and women workers, all measures compatible with national conditions and possibilities shall be taken—\n\t(a)\tto enable workers with family responsibilities to exercise their right to free choice of employment; and\n\t(b)\tto take account of their needs in terms and conditions of employment and in social security.\nAll measures compatible with national conditions and possibilities shall further be taken—\n\t(a)\tto take account of the needs of workers with family responsibilities in community planning; an\n\t(b)\tto develop or promote community services, public or private, such as child‑care and family services and facilities.\nThe competent authorities and bodies in each country shall take appropriate measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems.\nAll measures compatible with national conditions and possibilities, including measures in the field of vocational guidance and training, shall be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.\nFamily responsibilities shall not, as such, constitute a valid reason for termination of employment.\nThe provisions of this Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these methods, or in any other manner consistent with national practice which may be appropriate, account being taken of national conditions.\n\t1.\tThe provisions of this Convention may be applied by stages if necessary, account being taken of national conditions: Provided that such measures of implementation as are taken shall apply in any case to all the workers covered by Article 1, paragraph 1.\n\t2.\tEach Member which ratifies this Convention shall indicate in the first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organisation in what respect, if any, it intends to make use of the faculty given by paragraph 1 of this Article, and shall state in subsequent reports the extent to which effect has been given or is proposed to be given to the Convention in that respect.\nEmployers' and workers' organisations shall have the right to participate, in a manner appropriate to national conditions and practice, in devising and applying measures designed to give effect to the provisions of this Convention.\nThe formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.\n\t1.\tThis Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director‑General.\n\t2.\tIt shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.\n\t3.\tThereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.\n\t1.\tA Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director‑General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.\n\t2.\tEach Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.\n\t1.\tThe Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.\n\t2.\tWhen notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.\nThe Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.\nArticle 17\nAt such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.\nArticle 18\n\t1.\tShould the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:\n\t(a)\tthe ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 14 above, if and when the new revising Convention shall have come into force;\n\t(b)\tas from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.\n\t2.\tThis Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.\nArticle 19\nConventions: C100 Equal Remuneration Convention, 1951\nRecommendations: R090 Equal Remuneration Recommendation, 1951\nConventions: C111 Discrimination (Employment and Occupation) Convention, 1958\nRecommendations: R111 Discrimination (Employment and Occupation) Recommendation, 1958\nRecommendations: R150 Human Resources Development Recommendation, 1975\nRecommendations: R123 Employment (Women with Family Responsibilities) Recommendation, 1965\nConstitution: 22: article 22 of the Constitution of the International Labour Organisation\n","sortOrder":29},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"Workers' Representatives Convention 1971","content":"Schedule 11—Workers' Representatives Convention 1971\nC135\tWorkers' Representatives Convention, 1971\nHaving been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and\nNoting the terms of the Right to Organise and Collective Bargaining Convention, 1949, which provides for protection of workers against acts of anti-union discrimination in respect of their employment, and\nConsidering that it is desirable to supplement these terms with respect to workers' representatives, and\nHaving decided upon the adoption of certain proposals with regard to protection and facilities afforded to workers' representatives in the undertaking, which is the fifth item on the agenda of the session, and\nHaving determined that these proposals shall take the form of an international Convention,\nadopts the twenty-third day of June of the year one thousand nine hundred and seventy-one, the following Convention, which may be cited as the Workers' Representatives Convention, 1971:\nWorkers' representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.\n\t1.\tSuch facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently.\n\t2.\tIn this connection account shall be taken of the characteristics of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned.\n\t3.\tThe granting of such facilities shall not impair the efficient operation of the undertaking concerned.\nFor the purpose of this Convention the term workers' representatives means persons who are recognised as such under national law or practice, whether they are—\n\t(a)\ttrade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or\n\t(b)\telected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.\nNational laws or regulations, collective agreements, arbitration awards or court decisions may determine the type or types of workers' representatives which shall be entitled to the protection and facilities provided for in this Convention.\nWhere there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co‑operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives.\nEffect may be given to this Convention through national laws or regulations or collective agreements, or in any other manner consistent with national practice.\nThe formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.\n\t1.\tThis Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.\n\t2.\tIt shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director‑General.\n\t3.\tThereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.\n\t1.\tA Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.\n\t2.\tEach Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.\n\t1.\tThe Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.\n\t2.\tWhen notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.\nThe Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.\nAt such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.\n\t1.\tShould the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:\n\t(a)\tthe ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;\n\t(b)\tas from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.\n\t2.\tThis Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.\nConventions: C098 Right to Organise and Collective Bargaining Convention, 1949\nLegislative history\nFormerly\nIndustrial and Employee Relations Act 1994\nNotes\n\t•\tThis version is comprised of the following:\nChapter 1\nChapter 2\nChapter 3\nChapter 4\nChapter 6AA\nChapter 6\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Fair Work Act 1994 repealed the following:\nIndustrial Relations Act (S.A.)\nIndustrial Relations Advisory Council Act 1983\nLegislation amended by principal Act\nThe Fair Work Act 1994 amended the following:\nCourts Administration Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Industrial and Employee Relations Act 1994\n16.6.1994\n8.8.1994 except Sch 1 (s 3)—1.11.1994 (Gazette 4.8.1994 p328)\n Public Sector Management Act 1995\n4.5.1995\n17.7.1995 (Gazette 13.7.1995 p54)\n Industrial and Employee Relations (Miscellaneous Provisions) Amendment Act 1995\n17.8.1995\n31.8.1995 (Gazette 24.8.1995 p498)\n Statutes Amendment (Courts) Act 1995\n30.11.1995\n21.12.1995 (Gazette 21.12.1995 p1759)\n Industrial and Employee Relations (Miscellaneous) Amendment Act 1996\n Industrial and Employee Relations (President's powers) Amendment Act 1996\n14.11.1996\n14.11.1996 except s 2—8.8.1994: s 2\n Industrial and Employee Relations (Transitional Arrangements) Amendment Act 1996\n Industrial and Employee Relations (Registered Associations) Amendment Act 1997\n Industrial and Employee Relations (Harmonisation) Amendment Act 1997\n21.8.1997\n4.9.1997 (Gazette 21.8.1997 p408)\n Industrial and Employee Relations (Disclosure of Information) Amendment Act 1998\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 30)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act.\n Statutes Amendment (Honesty and Accountability in Government) Act 2003\n31.7.2003\nPt 3 (ss 6 & 7)—29.4.2004 (Gazette 29.4.2004 p1173) \n Industrial Law Reform (Fair Work) Act 2005\n31.3.2005\nPt 2 (ss 4—80) & Sch 1—16.5.2005 (Gazette 28.4.2005 p1073)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 33 (ss 121—125)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 11 (s 45)—1.4.2007 (Gazette 29.3.2007 p930)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 34 (ss 98—102)—1.6.2007 (Gazette 26.4.2007 p1352)\n Training and Skills Development Act 2008\n10.7.2008\nSch 2 (cll 2—9)—1.9.2008 (Gazette 24.7.2008 p3465)\n Statutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 4 (ss 7—30) & Sch 1—1.1.2010 (Gazette 17.12.2009 p6351)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 61 (ss 125—137)—1.2.2010 (Gazette 28.1.2010 p320)\n Advance Care Directives Act 2013\n18.4.2013\nSch 1 (cl 15)—1.7.2014 (Gazette 6.2.2014 p546)\n Magistrates (Miscellaneous) Amendment Act 2013\n27.6.2013\nSch 1 (cl 3)—4.7.2013 (Gazette 4.7.2013 p2970)\n Legal Practitioners (Miscellaneous) Amendment Act 2013\n3.10.2013\nSch 2 (cl 1)—1.7.2014 (Gazette 5.6.2014 p2241)\n Fair Work (Miscellaneous) Amendment Act 2015\n26.3.2015\n10.4.2015 (Gazette 9.4.2015 p1446)\n Statutes Amendment (Industrial Relations Consultative Council) Act 2015\n5.11.2015\nPt 2 (ss 4—8)—19.11.2015 (Gazette 19.11.2015 p4976)\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 4 (ss 51—69)—1.7.2017 (Gazette 16.5.2017 p1221)\n Training and Skills Development (Miscellaneous) Amendment Act 2020\n19.11.2020\nSch 1 (cll 3 & 4)—1.7.2021 (Gazette 24.6.2021 p2260)\n Fair Work (Family and Domestic Violence Leave) Amendment Act 2023\n30.3.2023\n1.9.2023 (Gazette 13.7.2023 p2192)\nStatutes Amendment (Industrial Relations Portfolio) Act 2024\n29.2.2024\nPt 2 (ss 3 to 5)—28.3.2024 (Gazette 28.3.2024 p510)\nWork Health and Safety (Review Recommendations) Amendment Act 2024\n13.6.2024\nSch 1 (cl 1)—1.9.2024 (Gazette 22.8.2024 p2871)\nStatutes Amendment (South Australian Employment Tribunal) Act 2024\n5.9.2024\nPt 3 (ss 4, 5, 10 & 39(1), (2) & (6))—31.10.2024; ss 6 to 9, 11 to 38 & 39(3) to (5)—1.12.2024 (Gazette 31.10.2024 p4038)\nFair Work (Registered Associations) Amendment Act 2024\n14.11.2024\nPt 2 (ss 9 to 13, 14 insofar as it inserts Part 3A, 16 & 17(1)) & Sch 1 (cl 2)—1.12.2024 (Gazette 28.11.2024 p4272); ss 3 to 8, 14 insofar as it inserts Part 3B, 15, 17(2) & 18—uncommenced\nFair Work (Worker Entitlements) Amendment Act 2025\n30.10.2025\nPt 2 (ss 3 to 15) & Sch 1 (cll 3 & 4)—1.1.2026 (Gazette 11.12.2025 p4823)\nNurse and Midwife to Patient Ratios Act 2025\n5.11.2025\nSch 2 (cl 1)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nCh 1\n\ns 1\nsubstituted by 3/2005 s 4\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\ns 3 amended by 68/1997 s 3\n\ns 3 amended and redesignated as s 3(1) by 3/2005 s 5(1)—(5)\n\namended by 58/2009 s 7\n\namended by 63/2016 s 51(1)\n\namended by 10/2023 s 3\n\namended by 49/2024 s 3\ns 3(2)\ninserted by 3/2005 s 5(5)\n\namended by 63/2016 s 51(2)\ns 4\n\ns 4(1)\n\napprentice\nsubstituted by 3/2005 s 6(1)\n\namended by 30/2008 Sch 2 cl 2\n\namended by 40/2020 Sch 1 cl 3\nassociation\namended by 58/2009 s 8(1)\naward\namended by 63/2016 s 52(1)\nchild\ninserted by 3/2005 s 6(2)\ncivil penalty provision\ninserted by 43/2025 s 3(1)\nCommission\nsubstituted by 3/2005 s 6(3)\n\ndeleted by 63/2016 s 52(2)\nCommittee\ndeleted by 36/2015 s 4(1)\nCommonwealth Act\nsubstituted by 68/1997 s 4(a)\n\nsubstituted by 58/2009 s 8(2)\nCommonwealth Commission\ndeleted by 58/2009 s 8(3)\nCommonwealth (Registered Organisations) Act\ninserted by 58/2009 s 8(2)\nconduct\ninserted by 43/2025 s 3(2)\nConsultative Council\ninserted by 36/2015 s 4(2)\ncontract of employment\namended by 68/1997 s 4(b)\nCourt\ndeleted by 63/2016 s 52(3)\nDeputy President\ndeleted by 63/2016 s 52(4)\ndomestic partner\ninserted by 43/2006 s 98(1)\nEmployee Ombudsman\ndeleted by 1/2015 s 4(1)\nemployer\namended by 39/1995 Sch 5\n17.7.1995\n\namended by 26/2024 s 4(1)\nenterprise agreement\namended by 67/1995 s 3(a)\n\namended by 3/2005 s 6(4)\nenterprise agreement matter\ndeleted by 63/2016 s 52(5)\nevidentiary material\ndeleted by 63/2016 s 52(6)\nexaminable arrangements\ndeleted by 63/2016 s 52(7)\nFair Work Australia\ninserted by 58/2009 s 8(4)\n\ndeleted by 2/2024 s 3\nFair Work Commission\ninserted by 2/2024 s 3\nfamily\ninserted by 3/2005 s 6(5)\n\namended by 43/2006 s 98(2)\nFull Commission\ndeleted by 63/2016 s 52(8)\nFull Court\ndeleted by 63/2016 s 52(9)\n(indexed)\ninserted by 67/1995 s 3(b)\nindustrial authority\namended by 58/2009 s 8(5)\n\namended by 63/2016 s 52(10)\nindustrial instrument\ninserted by 68/1997 s 4(c)\n\namended by 58/2009 s 8(6)\nindustrial matter\namended by 3/2005 s 6(6)—(8)\n\namended by 26/2024 s 4(2)\nIndustrial Registrar or Registrar\namended by 58/2009 s 8(7)\n\ndeleted by 63/2016 s 52(11)\ninspector\nsubstituted by 63/2016 s 52(12)\njunior\namended by 3/2005 s 6(9)\norganisation\namended by 58/2009 s 8(8)\npeak entity\ninserted by 3/2005 s 6(10)\n\n(d) deleted by 1/2015 s 4(2)\nPresident\nsubstituted by 63/2016 s 52(13)\nPresidential Member\ndeleted by 63/2016 s 52(14)\npublic employee\namended by 36/2003 s 6\n\namended by 84/2009 s 125\nregistered agent\namended by 63/2016 s 52(15)\nRegistrar\ninserted by 63/2016 s 52(16)\nrules\nsubstituted by 63/2016 s 52(17)\nSAET\ninserted by 63/2016 s 52(17)\nspouse\ninserted by 43/2006 s 98(3)\ntaxi\ninserted by 68/1997 s 4(d)\ntrainee\ndeleted by 3/2005 s 6(11)\nunregistered association\ninserted by 49/2024 s 4\nworkplace\ninserted by 3/2005 s 6(11)\nworkplace law\ninserted by 43/2025 s 3(3)\ns 4(2)\ndeleted by 3/2005 s 6(12)\ns 4(3)\namended by 3/2005 s 6(13)\ns 4(4)\ninserted by 67/1995 s 3(c)\ns 4(5)\ninserted by 3/2005 s 6(14)\n\ndeleted by 63/2016 s 52(18)\ns 4AA\ninserted by 43/2025 s 4\ns 4A\ninserted by 26/2024 s 5\ns 5\n\ns 5(1)\namended by 3/2005 s 7(1)—(3)\ns 5(3)\nsubstituted by 3/2005 s 7(4)\ns 5(4) and (5)\ninserted by 3/2005 s 7(4)\ns 6\namended by 43/2006 s 99\n\namended by 43/2025 s 5\nCh 2 before substitution by 63/2016\n\nCh 2 Pt 1\n\ns 7\n\ns 7(1)\n(d) deleted by 1/2015 s 5(1)\n\namended by 36/2015 s 5(1)\ns 7(4)\nsubstituted by 36/2015 s 5(2)\ns 7(5)\namended by 1/2015 s 5(2)\nCh 2 Pt 2\n\nCh 2 Pt 2 Div 2\n\ns 12\namended by 3/2005 s 8(1), (2)\ns 15A\ninserted by 3/2005 s 9\nCh 2 Pt 2 Div 4\namended by 84/1995 ss 10, 11\n21.12.1995\n\nsubstituted by 57/1996 s 2\nCh 2 Pt 3\n\nCh 2 Pt 3 Div 2\ndeleted by 3/2005 s 10\nCh 2 Pt 3 Div 3\n\ns 26\namended by 3/2005 s 11\n\namended by 30/2008 Sch 2 cl 3(1), (2)\nCh 2 Pt 3 Div 4\n\ns 29\n\ns 29(2)\namended by 84/2009 s 126\ns 29(4a) and (4b)\ninserted by 58/2009 s 9(1)\ns 29(6)\ninserted by 58/2009 s 9(2)\ns 30\n\ns 30(2)\namended by 84/2009 s 127\ns 32\nsubstituted by 3/2005 s 12\ns 33\n\ns 33(5)\namended by 3/2005 s 13\nCh 2 Pt 3 Div 5\n\ns 34\n\ns 34(2)\namended by 84/2009 s 128\ns 34(3)\nsubstituted by 3/2005 s 14\ns 34(4) and (5)\ndeleted by 3/2005 s 14\ns 35\nsubstituted by 3/2005 s 15\ns 36\n\ns 36(1)\namended by 36/2003 s 7\n\namended by 84/2009 s 129\ns 36(4)\namended by 3/2005 s 16\ns 36A\ninserted by 74/1996 s 2(1)\n8.8.1994\nCh 2 Pt 3 Div 6\n\ns 37\n\ns 37(3a)\ninserted by 58/2009 s 10\nCh 2 Pt 3 Div 7\n\ns 39\n\ns 39(3)\namended by 1/2015 s 6\ns 39(4)\nsubstituted by 68/1997 s 5\n\ndeleted by 3/2005 s 17\ns 40\n\ns 40(1)\namended by 30/2008 Sch 2 cl 4(1)\ns 40(2)\nsubstituted by 68/1997 s 6\n\ndeleted by 3/2005 s 18\n\ninserted by 30/2008 Sch 2 cl 4(2)\nCh 2 Pt 4 Div 3\n\ns 44\namended by 41/2006 s 45\n1.4.2007\nCh 2 Pt 4 Div 3A\ninserted by 3/2005 s 19\nCh 2 Pt 5 Div 2 before deletion by 36/2015\n\ns 51\n\ns 51(1)\namended by 84/2009 s 130\ns 52\n\ns 52(5)\namended by 84/2009 s 131\ns 53\namended by 84/2009 s 132\nCh 2 Pt 5 Div 3 before deletion by 36/2015\n\ns 55\n\ns 55(3)\namended by 84/2009 s 133\ns 55A\ninserted by 84/2009 s 134\nCh 2 Pt 5\ndeleted by 36/2015 s 6\nCh 2 Pt 6 Div 1 before deletion by 1/2015\n\ns 58\n\ns 58(1)\namended by 3/2005 s 20\ns 58(2)\namended by 84/2009 s 135\ns 62\n\ns 62(4)\ninserted by 3/2005 s 21\nCh 2 Pt 6 Div 1\ndeleted by 1/2015 s 7\nCh 2 Pt 6 Div 2\n\ns 64\n\ns 64(1)\n(a) deleted by 1/2015 s 8\ns 65\n\ns 65(1)\ns 65 amended and redesignated as s 65(1) by 3/2005 s 22(1) and (2)\ns 65(2) and (3)\ninserted by 3/2005 s 22(2)\nCh 2\nsubstituted by 63/2016 s 53\nCh 2 Pt 1\n\ns 8\n\ns 8(1)\namended by 26/2024 s 6\ns 9\n\ns 9(1)\namended by 43/2025 s 6(1)\ns 9(2)\nsubstituted by 43/2025 s 6(2)\ns 11\nsubstituted by 26/2024 s 7\ns 12\n\ns 12(1)\namended by 26/2024 s 8\ns 13\n\ns 13(1)\namended by 26/2024 s 9\ns 13A\ninserted by 26/2024 s 10\n\ndeleted by 43/2025 s 7\nCh 2 Pt 2\n\nCh 2 Pt 2 Div 1\nheading inserted by 26/2024 s 11\nCh 2 Pt 2 Div 2\nheading inserted by 26/2024 s 12\ns 24\ndeleted by 26/2024 s 13\nCh 2 Pt 2 Div 2\n\ns 18\n\ns 18(1a)\ninserted by 49/2024 s 5\nCh 2 Pt 3\n\ns 25\n\ns 25(1)\namended by 49/2024 s 6(1), (2)\n\namended by 43/2025 s 8\ns 25(1a)\ninserted by 49/2024 s 6(3)\nCh 2 Pt 5\n\nheading\namended by 43/2025 s 9\ns 32\n\ns 32(1)\namended by 49/2024 s 7\ns 34\n\nheading\namended by 43/2025 s 10(1)\ns 34(1)\namended by 43/2025 s 10(2)\ns 34(1a)\ninserted by 26/2024 s 14\ns 34(3)\ninserted by 43/2025 s 10(3)\ns 35\n\ns 35(3)\ninserted by 43/2025 s 11\ns 36\n\ns 36(2)\nsubstituted by 43/2025 s 12\nCh 3\n\nCh 3 Pt A1\ninserted by 26/2024 s 15\nCh 3 Pt 1\n\nCh 3 Pt 1 Div 1\nheading inserted by 3/2005 s 23\ns 68\n\ns 68(2)\namended by 33/1999 Sch (item 30)\n1.7.1999\ns 68(6)\ninserted by 3/2005 s 24\nCh 3 Pt 1 Div 2\nheading inserted by 3/2005 s 25\ns 69\n\ns 69(1)\namended by 3/2005 s 26(1)\ns 69(3)\ninserted by 3/2005 s 26(2)\n\namended by 26/2024 s 16(1)\n\n(a) deleted by 26/2024 s 16(2)\ns 70\n\ns 70(1)\namended by 3/2005 s 27(1)\ns 70(2)\namended by 3/2005 s 27(2)\n\ns 70(3)\nsubstituted by 3/2005 s 27(3)\n\namended by 26/2024 s 17\ns 70(4)\ninserted by 3/2005 s 27(3)\n\ns 70A\ninserted by 3/2005 s 28\ns 70A(2)\ns 70A(3)\n\namended by 26/2024 s 18\ns 70A(4)\ns 70B\ninserted by 10/2023 s 4\ns 70B(3)\namended by 26/2024 s 19\ns 71\n\ns 71(2)\ns 71(3)\nsubstituted by 3/2005 s 29\n\namended by 26/2024 s 20\ns 71(4)\ninserted by 3/2005 s 29\n\nCh 3 Pt 2\n\ns 72\n\ns 72(2)\ns 72(3)\nsubstituted by 3/2005 s 30\n\namended by 26/2024 s 21\ns 72(4)\ninserted by 3/2005 s 30\n\ns 72A\ninserted by 3/2005 s 31\ns 72A(1)\n\namended by 26/2024 s 22\ns 72A(2) and (3)\ns 72A(4)\ns 72A(6)—(8)\ns 72B\ninserted by 3/2005 s 31\ns 72B(1)\n\namended by 26/2024 s 23\ns 72B(2)\ns 72B(3)\ns 72B(4)\ns 72B(5)\ns 72B(7)\ns 72B(8)\ns 75\nsubstituted by 67/1995 s 4\ns 75(1)\namended by 3/2005 s 32(1)\ns 75(2)\nsubstituted by 3/2005 s 32(2)\ns 75(5)\namended by 1/2015 s 9(1)\ns 75(6)\ndeleted by 1/2015 s 9(2)\ns 75(8)\ndeleted by 1/2015 s 9(3)\ns 76\n\ns 76(1)\ns 76(2)\namended by 3/2005 s 33(1)\n\namended by 1/2015 s 10\ns 76(3)\namended by 3/2005 s 33(2)\ns 76(5a)\ninserted by 3/2005 s 33(3)\n\namended by 12/2013 Sch 1 cl 15\ns 76(6)\ninserted by 67/1995 s 5\n\namended by 3/2005 s 33(4)\ns 76(7)\ninserted by 67/1995 s 5\ns 76A\ninserted by 3/2005 s 34\ns 76A(3) and (5)\ns 77\n\ns 77(1)\namended by 43/2006 s 100\n\namended by 49/2024 s 8\ns 77(2)\ns 78\ns 79\n\ns 79(1)\namended by 67/1995 s 6(a), (b)\n\namended by 68/1997 s 7(a)—(c)\n\namended by 3/2005 s 35(1), (2)\n\namended by 58/2009 s 11(1)\n\namended by 1/2015 s 11(1)\n\ns 79(1a)\ninserted by 68/1997 s 7(d)\ns 79(1b)\ninserted by 68/1997 s 7(d)\n\ns 79(1c)\ninserted by 3/2005 s 35(3)\n\ns 79(2)\ns 79(2a)\ninserted by 44/2025 Sch 2 cl 1\ns 79(3)\ns 79(4)\ns 79(5)\namended by 68/1997 s 7(e)\n\namended by 58/2009 s 11(2)\n\namended by 26/2024 s 24(1)\ns 79(6)\n\namended by 26/2024 s 24(2)\ns 79(7)\n\ns 79(8)\n\ndeleted by 1/2015 s 11(2)\ns 79(9) and (10)\n\ns 79(11)\ninserted by 3/2005 s 35(4)\n\ns 80\n\ns 80(2)\ns 80(4)\namended by 1/2015 s 12\n\ns 80(5)\namended by 68/1997 Sch cl 1\n\ns 81\n\ns 81(4)\ns 81(5)\n\ns 81(6)\ns 81(7)\n\ns 81(8)\ns 81(9)\n\ns 81(10) and (11)\ns 82\n\ns 82(1)\namended by 63/2016 s 54(5)\ns 82(2)\ns 82(3)\ninserted by 3/2005 s 37\n\ns 83\nsubstituted by 68/1997 s 8\ns 83(1)\namended by 3/2005 s 38\n\namended by 49/2024 s 9\ns 83(2) and (3)\ns 84\n\ns 84(1)\namended by 3/2005 s 39(1)\n\ns 84(2)\ns 84(3)\ns 84(4)\nsubstituted by 3/2005 s 39(2)\n\ns 84(5)\ninserted by 67/1995 s 7\n\nsubstituted by 3/2005 s 39(2)\n\ns 84(6)\ninserted by 3/2005 s 39(2)\n\ns 85\n\ns 85(1) and (2)\ns 85(3)\ns 86\ns 88\n\ns 88(1)\namended by 68/1997 Sch cl 2\ns 89\ndeleted by 3/2005 s 40\nCh 3 Pt 3\n\nCh 3 Pt 3 Div 1\n\ns 90\n\ns 90(1)\n\namended by 26/2024 s 25(1)\ns 90(2)\ns 90(3)\nsubstituted by 3/2005 s 41\n\ns 90(4)\ns 90(5)\namended by 26/2024 s 25(2)\ns 90(6)\n\namended by 26/2024 s 25(3)\ns 90(7)\n\namended by 26/2024 s 25(4)\nnote\ndeleted by 26/2024 s 25(5)\ns 90A\ninserted by 3/2005 s 42\n\ns 91\n\ns 91(1)\ns 91 redesignated as s 91(1) by 3/2005 s 43\n\ns 91(2)\ninserted by 3/2005 s 43\ns 91(3)\ninserted by 3/2005 s 43\n\ns 92\n\ns 92(1)\ns 92(2)\namended by 58/2009 s 12(1), (2)\n\namended by 2/2024 s 4\ns 98\nsubstituted by 3/2005 s 44\nCh 3 Pt 3 Div 1A\ninserted by 3/2005 s 45\ns 98A\n\ns 98A(1)\ns 98A(2) and (3)\ns 98A(4) and (5)\nCh 3 Pt 3 Div 1B\ninserted by 3/2005 s 45\ns 98B\n\ns 98B(1)\ns 98B(2)\ns 98B(3)\nCh 3 Pt 3 Div 2\nheading substituted by 67/1995 s 8\ns 99\n\ns 99(1)\ns 99(1a)\ninserted by 68/1997 s 9\ns 99(2)—(5)\nCh 3 Pt 3A\ninserted by 3/2005 s 46\ns 99C\n\ns 99C(5)\ns 99C(6)\ns 99G\n\ns 99G(1)\namended by 63/2016 s 55(1)\ns 99G(2)\ndeleted by 63/2016 s 55(2)\ns 99G(3)\namended by 63/2016 s 55(3)\nCh 3 Pt 4\n\ns 100\n\ns 100(1)\namended by 58/2009 s 13\n\namended by 2/2024 s 5\ns 100(3)\ns 100(4)\n\ns 100(5)\n\ns 100A\ninserted by 26/2024 s 26\ns 101\n\ns 101(1)\ns 101(3)\n\nState industrial authority\namended by 84/2009 s 136\n\nCh 3 Pt 5\n\nCh 3 Pt 5 Div 1\n\ns 102\n\ns 102(1)\namended by 68/1997 Sch cl 3\n\namended by 3/2005 s 48(1)\ns 102(2)\nsubstituted by 3/2005 s 48(2)\ns 102(2a) and (2b)\ninserted by 3/2005 s 48(2)\ns 102(3)\namended by 68/1997 Sch cl 4\n\namended by 3/2005 s 48(3)\ns 102(4)\namended by 68/1997 Sch cl 5\n\namended by 10/1998 s 2\n\namended by 3/2005 s 48(4)\ns 102(5)\namended by 68/1997 Sch cl 6\ns 102(5a)\ninserted by 3/2005 s 48(5)\ns 102(7)\namended by 68/1997 Sch cl 7\n\nsubstituted by 3/2005 s 48(6)\ns 102(8)\ninserted by 3/2005 s 48(6)\ns 103\n\ns 103(1)\namended by 68/1997 Sch cl 8\ns 103(2)\namended by 68/1997 Sch cl 9\ns 103(3)\ns 103(4)\namended by 68/1997 Sch cl 10\ns 103(5)\nCh 3 Pt 5 Div 2 before deletion by 63/2016\n\ns 104\n\ns 104(1)\namended by 3/2005 s 49(1)\ns 104(2)\nsubstituted by 3/2005 s 49(2)\ns 104(4)\nsubstituted by 3/2005 s 49(3)\ns 104(4a)\ninserted by 3/2005 s 49(3)\ns 104(5)\namended by 3/2005 s 49(4), (5)\ns 104(8)\namended by 68/1997 Sch cl 11\ns 104A\ninserted by 3/2005 s 50\nCh 3 Pt 5 Div 2\ndeleted by 63/2016 s 56\n\ninserted by 43/2025 s 13\nCh 3 Pt 6\namended by 67/1995 ss 9, 10\n\nsubstituted by 68/1997 s 10\nCh 3 Pt 6 Div 1\n\ns 105\n\nadjudicating authority\ns 105A\n\ns 105A(1)\namended by 30/2008 Sch 2 cl 5\n\namended by 40/2020 Sch 1 cl 4\ns 105A(4)\namended by 3/2005 s 51\nCh 3 Pt 6 Div 2\n\ns 106\n\ns 106(1)\ns 106(2)\nsubstituted by 3/2005 s 52(1)\ns 106(3)\nsubstituted by 3/2005 s 52(1)\n\ns 106(3a)\ninserted by 3/2005 s 52(1)\n\ns 106(4)\nsubstituted by 3/2005 s 52(2)\nCh 3 Pt 6 Div 3\ndeleted by 3/2005 s 53\nCh 3 Pt 6 Div 4\n\ns 108\n\ns 108(1)\ns 108(2)\namended by 3/2005 s 54\n\namended by 26/2024 s 27\ns 109\n\ns 109(1)\ns 109(1a) and (1b)\ninserted by 3/2005 s 55\n\namended by 63/2016 s 54(3), (5)\ns 109(2)\ns 109(3)\ns 109(4)\nCh 3 Pt 6 Div 5\n\ns 110\n\ns 110(1) and (2)\ns 111\n\ns 111(1)\nCh 3 Pt 7\n\ns 112\n\ns 112(1)\ns 112(2)\ns 111(3)\ns 112(5)\namended by 68/1997 Sch cl 12\n\ns 112(6)\namended by 68/1997 Sch cl 13\ns 112(7)\ninserted by 3/2005 s 56\nCh 4\n\nCh 4 Pt 1\namended by 67/1995 s 11\n\nsubstituted by 68/1997 s 11\nCh 4 Pt 2\n\nCh 4 Pt 2 Div 1\n\ns 119\n\ns 119(2)\namended by 58/2009 s 14\ns 120\n\ns 120(1)\n\namended by 26/2024 s 28\ns 120(2)\nsubstituted by 49/2024 s 10\nCh 4 Pt 2 Div 2\n\ns 122\n\ns 122(1)\namended by 58/2009 s 15\n\ns 122(2)\nCh 4 Pt 2 Div 3\n\ns 125\n\ns 125(3)\ns 125(5)\namended by 58/2009 s 16\n\namended by 26/2024 s 29\ns 127\n\ns 127(1)\n\namended by 26/2024 s 30(1)\ns 127(2)\namended by 68/1997 Sch cl 14\n\ns 127(3)\n\namended by 26/2024 s 30(2)\ns 127(4)\nCh 4 Pt 2 Div 4\n\ns 128\n\ns 128(5)\namended by 68/1997 Sch cl 15\nCh 4 Pt 2 Div 6\n\ns 130\n\ns 130(1)\n\namended by 26/2024 s 31\ns 130(3)\namended by 63/2016 s 57(2), (3)\ns 130(4)\nCh 4 Pt 3 Div 1\n\ns 131 before substitution by 49/2024\n\ns 131(1)\namended by 58/2009 s 17\ns 131\nsubstituted by 49/2024 s 11\ns 132\n\ns 132(1)\n\namended by 26/2024 s 32\ns 132(2)\nsubstituted by 49/2024 s 12\nCh 4 Pt 3 Div 2\n\ns 134\n\namended by 26/2024 s 33\n\namended by 49/2024 s 13(1)\n\n(b), (c) deleted by 49/2024 s 13(2)\ns 135\n\ns 135(1)\n\namended by 26/2024 s 34\ns 135(3)\namended by 63/2016 s 57(2), (3)\ns 135(4)\namended by 58/2009 s 18(1)\ns 135(5)\namended by 58/2009 s 18(2)\nCh 4 Pt 3 Div 3\n\ns 136\n\ns 136(1)\namended by 58/2009 s 19\nCh 4 Pt 3A\ninserted by 49/2024 s 14\nCh 4 Pt 3B\ninserted by 49/2024 s 14\nCh 4 Pt 4\n\nCh 4 Pt 4 Div 1\n\ns 138\n\ns 138(3) and (4)\namended by 63/2016 s 57(4)\n\namended by 26/2024 s 35\ns 138(5)\namended by 63/2016 s 57(5)\ns 139\namended by 68/1997 Sch cl 16\n\nCh 4 Pt 4 Div 2\n\ns 140\n\ns 140(1)\namended by 3/2005 s 57(1)—(3)\n\namended by 49/2024 s 15\ns 140(1a)\ninserted by 3/2005 s 57(4)\ns 140(2)\namended by 3/2005 s 57(5)\ns 140(2a) and (2b)\ninserted by 3/2005 s 57(6)\ns 140(3)\namended by 68/1997 Sch cl 17\n\namended by 3/2005 s 57(7), (8)\ns 140(4)\n\namended by 26/2024 s 36\ns 140(5)\ninserted by 3/2005 s 57(9)\n\ndeleted by 58/2009 s 20\nCh 4 Pt 4 Div 3\n\ns 141\n\ns 141(3)\namended by 3/2005 s 58(1)\ns 141(3a)\ninserted by 3/2005 s 58(2)\ns 141(5)\namended by 68/1997 Sch cl 18\ns 141(6)\namended by 68/1997 Sch cl 19\ns 141(7)\namended by 58/2009 s 21\ns 142\n\ns 142(1)\namended by 68/1997 Sch cl 20\nCh 4 Pt 4 Div 4\n\ns 144\ns 144A\ninserted by 49/2024 s 16\ns 147\n\ns 147(1)\n\namended by 49/2024 s 17(1)\ns 147(2)\namended by 63/2016 s 57(1), (4)\n\namended by 49/2024 s 17(2)\nCh 5 before deletion by 63/2016\n\nCh 5 Pt 1\n\nCh 5 Pt 1 Div 1\n\ns 148\n\ns 148(3)\nsubstituted by 67/1995 s 12\ns 150\n\ns 150(3)\namended by 1/2015 s 13\nCh 5 Pt 1 Div 2\n\ns 151\nsubstituted by 67/1995 s 13\ns 151(1)\namended by 3/2005 s 59\ns 151(2)\namended by 30/2008 Sch 2 cl 6\ns 152\n\ns 152(2)—(5)\nsubstituted by 3/2005 s 60\ns 152(6)\ninserted by 3/2005 s 60\ns 152A\ninserted by 3/2005 s 61\ns 152A(3)\namended by 44/2013 Sch 2 cl 1\nCh 5 Pt 1 Div 3\n\ns 153\n\ns 153(2)\namended by 17/2006 s 121\ns 153(3)\namended by 1/2015 s 14\nCh 5 Pt 1 Div 4\n\ns 155\n\ns 155(1)\namended by 30/2008 Sch 2 cl 7(1)\ns 155(3)\namended by 30/2008 Sch 2 cl 7(2)\nCh 5 Pt 1 Div 4A\ninserted by 3/2005 s 62\ns 155A\nsubstituted by 30/2008 Sch 2 cl 8\ns 155B\n\ns 155B(2)\namended by 26/2013 Sch 1 cl 3\n4.7.2013\nCh 5 Pt 1 Div 6\n\ns 167\n\ns 167(3)\ninserted by 3/2005 s 63\n\namended by 58/2009 s 22\ns 171\n\ns 171(3)\namended by 17/2006 s 122\ns 174A\ninserted by 3/2005 s 64\ns 175\n\ns 175(3)\ninserted by 3/2005 s 65\nCh 5 Pt 1 Div 7\n\ns 177\n\ns 177(1)\namended by 68/1997 Sch cl 21\nCh 5 Pt 1 Div 8\n\ns 178\n\ns 178(6)\ninserted by 3/2005 s 66\nCh 5 Pt 2 Div 1\n\ns 185\n\ns 185(1)\ns 185 redesignated as 185(1) by 58/2009 s 23\ns 185(2)\ninserted by 58/2009 s 23\nCh 5 Pt 2 Div 2\n\ns 187\n\ns 187(1)\ns 187 redesignated as s 187(1) by 3/2005 s 67\ns 187(2)\ninserted by 3/2005 s 67\ns 190\n\ns 190(3)\namended by 3/2005 s 68\nCh 5 Pt 2 Div 3\n\ns 191\n\ns 191(1)\namended by 17/2006 s 123(1)\ns 191(4)\namended by 17/2006 s 123(2)\nCh 5 Pt 3\n\nCh 5 Pt 3 Div 2\n\ns 194\n\ns 194(1)\ns 194 redesignated as s 194(1) by 3/2005 s 69\ns 194(2)\ninserted by 3/2005 s 69\nCh 5 Pt 3 Div 3\n\ns 198\n\ns 198(2)\namended by 67/1995 s 14\n\nsubstituted by 68/1997 s 12\n\ndeleted by 3/2005 s 70\nCh 5 Pt 3 Div 4\n\ns 203\n\ns 203(1)\namended by 17/2006 s 124(1)\ns 203(2)\namended by 17/2006 s 124(2)\ns 203(3)\namended by 17/2006 s 124(3), (4)\ns 207\n\ns 207(1)\namended by 35/2008 Sch 2 cl 9\ns 207(2)\namended by 17/2006 s 125(1)\ns 207(3)\namended by 17/2006 s 125(2)\ns 207(4)\namended by 17/2006 s 125(3)\ns 208\n\ns 208(3)\namended by 3/2005 s 71\ns 210\n\ns 210(3)\ninserted by 58/2009 s 24\ns 213\n\ns 213(1)\nsubstituted by 68/1997 s 13\ns 213(1a) and (1b)\ninserted by 68/1997 s 13\nCh 5 Pt 4\n\ns 215\n\ns 215(3)\namended by 58/2009 s 25(1)\ns 215(4)\namended by 58/2009 s 25(2), (3)\ns 216\n\ns 216(1)\nsubstituted by 58/2009 s 26(1)\ns 216(2)\namended by 58/2009 s 26(2)\ns 216(3)\namended by 58/2009 s 26(3)\ns 216(4)\namended by 58/2009 s 26(4)\ns 216(5)\namended by 58/2009 s 26(5)\nCh 5\ndeleted by 63/2016 s 58\nCh 6AA\ninserted by 36/2015 s 7\ns 218A\n\ns 218A(1)\namended by 20/2024 Sch 1 cl 1\nCh 6\n\ns 218\ndeleted by 84/2009 s 137\ns 219\n\ns 219(1)\namended by 68/1997 Sch cl 22\ns 219(2)\namended by 10/1998 s 3\n\namended by 1/2015 s 15\n\namended by 63/2016 s 59\nss 219A—219C\ninserted by 63/2016 s 60\ns 219D\ninserted by 63/2016 s 60\ns 219D(3)\namended by 26/2024 s 37\ns 220\n\ns 220(1) and (2)\namended by 63/2016 s 61\ns 221\ndeleted by 63/2016 s 62\ns 222\ndeleted by 58/2009 s 27\ns 223\n\ns 223(1)\namended by 68/1997 Sch cl 23\n\n(e) deleted by 1/2015 s 16\n\namended by 63/2016 s 63(1)\ns 223(2)\namended by 63/2016 s 63(2)\ns 224\namended by 68/1997 Sch cl 24\ns 224(1)\ns 224 amended and redesignated as s 224(1) by 43/2025 s 14(1), (2)\ns 224(2) and (3)\ninserted by 43/2025 s 14(2)\ns 225\n\ns 225(1)\namended by 68/1997 Sch cl 25\ns 225(3)\namended by 68/1997 Sch cl 26\ns 225(4)\namended by 68/1997 Sch cl 27\ns 225A\ninserted by 3/2005 s 72\ns 226\namended by 68/1997 Sch cl 28\ns 228\n\ns 228(1)\namended by 68/1997 Sch cl 29\ns 229\n\ns 229(1)\namended by 68/1997 Sch cl 30\ns 230 before deletion by 26/2024\n\ns 230(1)\namended by 63/2016 s 64\ns 230\ndeleted by 26/2024 s 38\ns 234\n\ns 234(1)\namended by 63/2016 s 65(1)\ns 234(2)\namended by 63/2016 s 65(2)\ns 234(3)\namended by 63/2016 s 65(3)\ns 235\n\ns 235(1)\nsubstituted by 63/2016 s 66\ns 235(2)\namended by 3/2005 s 73\ns 236A\ninserted by 3/2005 s 74\nss 236B and 236C\ninserted by 43/2025 s 15\ns 237\n\ns 237(1)\nsubstituted by 58/2009 s 28(1)\ns 237(1a)\ninserted by 58/2009 s 28(1)\ns 237(2)\nsubstituted by 68/1997 Sch cl 31\ns 237(3)\ninserted by 58/2009 s 28(2)\nSch 1\n\nss 1—3\nomitted under Legislation Revision and Publication Act 2002\ns 7\n\ns 7(1)\nsubstituted by 57/1996 s 3(a)\ns 7(3)\nsubstituted by 57/1996 s 3(b)\ns 7A\ninserted by 67/1995 s 15\ns 16\n\ns 16(2)\nsubstituted by 86/1996 s 2\n\nsubstituted by 48/1997 s 2\ns 16(3) and (4)\ninserted by 86/1996 s 2\n\ndeleted by 48/1997 s 2\ns 17\ninserted by 43/2006 s 101\ns 18\ninserted by 58/2009 s 29\nSch 2\ndeleted by 3/2005 s 75\nSch 2\ninserted by 58/2009 s 30\ncl 2\n\ncl 2(3)\namended by 63/2016 s 67(1)\ncl 2(4)\namended by 63/2016 s 67(1), (2)\ncl 3\namended by 63/2016 s 67(2)\nSch 2A\ninserted by 58/2009 s 30\ncl 1\n\nState industrial instrument\ncl 3\n\ncl 3(3)\ncl 3(4)\namended by 63/2016 s 68(1), (2)\ncl 4\n\ncl 4(2)\ncl 4(3)\namended by 63/2016 s 68(1), (2)\ncl 5\namended by 63/2016 s 68(2)\nSch 3\nheading substituted by 3/2005 s 76\ns 4\n\ns 4(5) and (6)\ninserted by 3/2005 s 77(1)\ns 6\ninserted by 3/2005 s 77(2)\nSch 3A\ninserted by 3/2005 s 78\nSch 3B\ninserted by 10/2023 s 5\nSch 4\n\ns 5\n\ns 5(3)\ninserted by 3/2005 s 79\nSch 5\n\ns 1\n\nadoption\namended by 43/2006 s 102(1)\nspouse\ndeleted by 43/2006 s 102(2)\ns 2\n\ns 2(1), (3) and (4)\namended by 43/2006 s 102(3)\ns 4\namended by 43/2006 s 102(4)\ns 5\n\ns 5(1)\namended by 43/2006 s 102(5)\nSchs 9—11\ninserted by 3/2005 s 80\nTransitional etc provisions associated with Act or amendments\nIndustrial and Employee Relations (Miscellaneous) Amendment Act 1996\n4—Transitional provision\nAn assignment made under the principal Act before the commencement of this Act—\n\t(a)\tassigning a District Court Judge to be the Senior Judge, or a Judge, of the Court; or\n\t(b)\tassigning a magistrate to be an industrial magistrate,\ncontinues in force, subject to the principal Act, as an assignment under the corresponding provision of the principal Act as amended by this Act.\nIndustrial and Employee Relations (President's powers) Amendment Act 1996\n3—Cancellation of appointment\nThe purported appointment of the President of the Industrial Relations Commission of South Australia as a Commissioner is cancelled and is taken never to have been made.\nIndustrial Law Reform (Fair Work) Act 2005, Sch 1—Transitional provisions\n1—Interpretation\n\t(1)\tIn this Schedule—\nprincipal Act means the Industrial and Employee Relations Act 1994.\n\t(2)\tUnless the contrary intention appears, terms used in this Schedule have meanings consistent with the meanings they have in the principal Act.\n2—Enterprise Agreement Commissioners\nA person holding office as an Enterprise Agreement Commissioner immediately before the commencement of this clause will continue as a Commissioner appointed to the Commission for the balance of his or her term of appointment as an Enterprise Agreement Commissioner (and is then eligible for reappointment under the principal Act as amended by this Act).\n3—Term of office of other members of Commission\nThe amendments made to the principal Act by sections 12 or 15 of this Act do not apply to members of the Commission appointed before the commencement of this clause (and accordingly such a member of the Commission will cease to hold office at the end of the term for which he or she was appointed (unless the term comes to an end under the principal Act sooner) but the member will then be eligible for reappointment under the principal Act as amended by this Act).\n4—Enterprise agreements\n\t(1)\tThe amendments made to the principal Act by section 32(2), 33(1), (2) and (4) and 35(1) of this Act do not apply with respect to any negotiations or proceedings to enter in an enterprise agreement being conducted or undertaken by an association that is not a registered association if the association was, before the commencement of this subclause, authorised to negotiate the agreement on behalf of a group of employees in accordance with section 75(2) of the principal Act (as in existence immediately before the commencement of this clause).\n\t(2)\tThe amendment made to section 81 of the principal Act by this Act does not apply with respect to the transfer of a business or undertaking that takes effect before the commencement of this subclause.\n5—Awards\nThe amendment made to section 91 of the principal Act by this Act does not apply with respect to the transfer of a business or undertaking that takes effect before the commencement of this clause.\n6—Registered agents\nThe term of registration of a person holding a registration as an agent immediately before the commencement of this clause will be taken to be 2 years from the date of that commencement.\n7—Minimum standards\n\t(1)\tSchedule 2 of the principal Act (and any determination of the Full Commission under that Schedule) will, despite the repeal of that Schedule by this Act, continue to have effect until the Full Commission establishes a minimum standard under subsection (3) of section 69 of the principal Act (as enacted by this Act).\n\t(2)\tThe President of the Commission must take reasonable steps to ensure that the first determination of the Full Commission under subsection (3) of section 69 of the principal Act (as enacted by this Act) is made as soon as is reasonably practicable after the commencement of this subclause.\n\t(3)\tThe President of the Commission must take reasonable steps to ensure that the Full Commission establishes the minimum standard contemplated by section 72B of the principal Act (as enacted by this Act) as soon as is reasonably practicable after the commencement of this subclause.\n\t(4)\tProceedings for the purposes of subclause (2) or (3) may be commenced by application by a peak entity, or by the Full Commission acting on its own initiative.\n8—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Part, apply to any amendment or repeal effected by this Act.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nStatutes Amendment (National Industrial Relations System) Act 2009, Sch 1\n1—Transitional provisions\n\t(1)\tA reference in any Act or statutory instrument to the Australian Industrial Relations Commission will be taken to be a reference to Fair Work Australia.\n\t(2)\tA reference in an Act or statutory instrument to the Industrial Relations Act 1988 or the Workplace Relations Act 1996 of the Commonwealth, insofar as the reference relates to associations or organisations registered under either Act, will, unless the contrary intention appears, be construed as a reference to the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.\nFair Work (Miscellaneous) Amendment Act 2015\n17—Transitional provision\nThe person holding office as the Employee Ombudsman will cease to do so on the commencement of this section.\nStatutes Amendment (Industrial Relations Consultative Council) Act 2015\n8—Transitional provision\nA member of the Industrial Relations Advisory Committee established under the Fair Work Act 1994 ceases to hold office on the commencement of this section.\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n69—Transitional provisions\n\t(1)\tIn this section—\ndetermination has the same meaning as in the principal Act;\nindustrial authority means the Industrial Relations Court of South Australia or the Industrial Relations Commission of South Australia;\nprincipal Act means the Fair Work Act 1994;\nrelevant day means the day on which this section comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tThe Industrial Relations Court of South Australia and the Industrial Relations Commission of South Australia are dissolved by force of this subsection.\n\t(3)\tThe commencement of this subsection brings to an end the appointment of a person as a member of the Industrial Relations Court of South Australia or the Industrial Relations Commission of South Australia (as the case may be).\n\t(4)\tNo right of action arises, and no compensation is payable, in respect of an appointment coming to an end by virtue of the operation of subsections (3) and (4).\n\t(5)\tHowever—\n\t(a)\tsubsections (2) and (3) do not affect appointment of a person as a member of the Tribunal before the relevant day; and\n\t(b)\tin the case of a member of the Industrial Relations Commission of South Australia who, immediately before the relevant day, was not a member of the Tribunal—the person will be taken to have been appointed (by force of this subsection) as a Commissioner under the South Australian Employment Tribunal Act 2014 subject to the following provisions:\n\t(i)\tthe person's term of office will (subject to section 17 of that Act) be taken to be a period of 5 years from the relevant day;\n\t(ii)\tthe person's appointment will be on any conditions determined by the Governor and specified in an instrument executed by a Minister acting under this provision within 14 days after the relevant day.\n\t(6)\tThe salary and allowances of a person to whom subsection (5)(a) applies will not be reduced during the person's term of office as a member of the Tribunal.\n\t(7)\tA person to whom subsection (5)(b) applies is not entitled, after the relevant day, to any salary, benefits or allowances on account of the person's position as a member of the Industrial Relations Commission of South Australia before the relevant day.\n\t(8)\tHowever, the salary payable to a person to whom subsection (5)(b) applies as a member of the Tribunal cannot be less than the salary payable to the person as a member of the Industrial Relations Commission of South Australia immediately before the relevant day (unless the person requests or agrees to a change to the number of hours to be worked or to work on a sessional or other basis).\n\t(9)\tIn addition, a person to whom subsection (5)(b) applies will be taken to have continuity of service in all respects and will not be taken, for the purposes of any Act or law, to have resigned or to have ceased to hold any office for the purposes of any accrued or accruing rights or entitlements to any pension.\n\t(10)\tNothing in a preceding subsection is, in the case of a member of the Industrial Relations Commission of South Australia who, immediately before the relevant day, held an appointment as a member of an industrial authority under a law of the Commonwealth, intended to affect the person's position or status for the purposes of continuing to hold the appointment under that law of the Commonwealth.\n\t(11)\tA determination of an industrial authority under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.\n\t(12)\tA right to bring proceedings before an industrial authority in existence under the principal Act before the relevant day (but not so exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the industrial authority.\n\t(13)\tAny proceedings before an industrial authority under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(14)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before an industrial authority, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of an industrial authority that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any determination in relation to proceedings before an industrial authority before the relevant day (including so as to make a determination in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(15)\tNothing in this section affects a right of appeal to the Supreme Court against a decision, direction or order of the Full Court of the Industrial Relations Court of South Australia made or given before the relevant day.\n\t(16)\tA reference in any instrument or enterprise agreement to the Industrial Relations Court of South Australia or the Industrial Relations Commission of South Australia will, unless the context otherwise requires, be taken to be a reference to the Tribunal.\nStatutes Amendment (South Australian Employment Tribunal) Act 2024\n39—Transitional provisions\n\t(1)\tSection 4(1) of the Fair Work Act 1994 (as amended by section 4(2) of this Act) applies in relation to an industrial instrument made or approved on or after the day on which this subclause comes into operation.\n\t(2)\tNothing in section 4A(2) of the Fair Work Act 1994 (as inserted by section 5 of this Act) affects the interpretation of the term 'employer' in an industrial instrument made or approved before the commencement of this subclause.\n\t(3)\tWhere a provision of this Act amends the Fair Work Act 1994 to require the South Australian Employment Tribunal to be constituted—\n\t(a)\tas an industrial relations commission; or\n\t(b)\tas the South Australian Employment Court; or\n\t(c)\tas a Full Bench of the South Australian Employment Tribunal,\nthe amendment only applies in relation to proceedings commenced after the commencement of the amendment.\n\t(4)\tSection 13A of the Fair Work Act 1994, as in force after the commencement of section 10 of this Act, applies in relation to proceedings determined by SAET after the commencement of section 10 (regardless of when the proceedings were commenced).\n\t(5)\tSection 34(1a) of the Fair Work Act 1994, as inserted by section 14 of this Act, applies in relation to an award of interest, or lump sum instead of interest, determined after the commencement of section 14 of this Act (regardless of when the proceedings were commenced).\n\t(6)\tIn this clause—\nindustrial instrument has the same meaning as in the Fair Work Act 1994.\nFair Work (Registered Associations) Amendment Act 2024, Sch 1 Pt 2—Transitional provision\n2—Registration of associations under Chapter 4 Part 3 to continue\n\t(1)\tThe registration of an association that is, immediately before the commencement of this clause, registered under Chapter 4 Part 3 of the Fair Work Act 1994 is not affected by the amendments to Chapter 4 Part 3 of that Act made by this Act.\n\t(2)\tNothing in subclause (1) affects the ability of SAET to de‑register such an association.\nFair Work (Worker Entitlements) Amendment Act 2025, Sch 1 Pt 2\n3—Review\nThe Minister must—\n\t(a)\tcause a review of the effect of this Act to be undertaken after it has been in operation for a period of 3 years; and\n\t(b)\tcause a report on the review to be laid before both Houses of Parliament (within 12 sitting days after the Minister receives the report).\n4—Transitional provision\nThe amendments to the Fair Work Act 1994 made by this Act only apply in relation to conduct occurring after the commencement of this Act.\nHistorical versions\nReprint No 1—17.7.1995\n\nReprint No 2—31.8.1995\n\nReprint No 3—21.12.1995\n\nReprint No 4—8.8.1996\n\nReprint No 5—14.11.1996\n\nReprint No 6—12.12.1996\n\nReprint No 7—31.7.1997\n\nReprint No 8—4.9.1997\n\nReprint No 9—2.4.1998\n\nReprint No 10—1.7.1999\n\n1.4.2007\n\n4.7.2013\n\n","sortOrder":30}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was a website error notice, not the Fair Work Act 1994 (SA) itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Complexity cannot be assessed without actual legislative content","Score of 1 reflects the absence of any analysable material, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return any actual legislation. Instead, it returned a **404 'Page Not Found' error** from the South Australian Government legislation website. This means the specific text of the *Fair Work Act 1994* (SA) was not accessible at that URL — likely because bookmarks or hyperlinks created before 24 March 2026 may no longer work following a website update.\n\n**What this means for you:** No legal analysis can be provided because there is no legislative content to review. If you need to read the *Fair Work Act 1994* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Contacting the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n**Note:** South Australia's *Fair Work Act 1994* is a state-level workplace relations law that historically governed employment conditions for certain South Australian workers — but without the actual text, no meaningful analysis of its current provisions, scope, or impact can be offered."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":772},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its 1994 origins. Originally focused on state-based industrial relations, it now incorporates extensive federal harmonisation provisions (Schedules 2, 2A), ILO convention obligations (Schedules 6-11), and complex transitional arrangements for national system changes. The 2016 replacement of the Industrial Relations Court/Commission with SAET, 2023 family violence leave additions, and 2024-2025 registered association reforms show continuous scope expansion beyond original state employment regulation intent."},"complexity_factors":["Extensive cross-referencing with Commonwealth Fair Work legislation and multiple ILO conventions","Nested conditional logic throughout — e.g., enterprise agreement approval tests in s.79 with multiple sub-tests and exceptions","Multiple defined terms (47+ in s.4 alone) with layered definitions (e.g., 'employee', 'employer', 'industrial matter', 'outworker')","Dual tribunal structure — SAET operates as both 'industrial relations commission' and 'South Australian Employment Court' with different rules","Complex transitional provisions across 5+ schedules dealing with historical instruments and federal/state overlaps","Indexed monetary amounts requiring annual recalculation (s.4(4))","Part 3A outworker provisions create multi-party liability chains with referral mechanisms","Civil penalty provisions with specific 'systematic pattern' tests (s.104) requiring judicial interpretation"],"plain_english_summary":"**What this legislation does:**\n\nThis is South Australia's main workplace relations law — the **Fair Work Act 1994**. It sets the rules for how employers and employees interact, covering everything from wages and leave to disputes and unions.\n\n**Key things it covers:**\n\n- **Minimum employment standards** — Guaranteed minimum pay, sick leave (10 days/year), annual leave (4 weeks/year), parental leave (up to 52 weeks unpaid), bereavement leave (2 days), and family and domestic violence leave (15 days/year). These apply automatically unless a contract or agreement is *more* generous.\n\n- **Enterprise agreements** — Allows groups of employees and their employer to negotiate workplace-specific deals. These must be approved by SAET (the South Australian Employment Tribunal) and can't pay less than the minimum standards.\n\n- **Awards** — SAET can make industry-wide rules about pay and conditions. Awards get reviewed every 3 years.\n\n- **Unfair dismissal protection** — Employees can challenge dismissals that are \"harsh, unjust or unreasonable\" and seek reinstatement or compensation (capped at 6 months' pay or ~$33,100, whichever is higher).\n\n- **Freedom of association** — Workers can't be forced to join or not join a union. It's illegal to discriminate against someone for union membership or activities.\n\n- **Outworker protections** — Special rules for people working from home (often in clothing/textiles), including a system to chase unpaid wages through \"responsible contractors\" in the supply chain.\n\n- **SAET's powers** — The Tribunal can hear disputes, interpret agreements, order back-pay, issue fines for breaches, and settle industrial disputes.\n\n**Who it affects:**\n\nMost employees and employers in South Australia, except those covered by the federal Fair Work system (national system employers). It doesn't apply to work for your spouse, domestic partner or parent.\n\n**Why it matters:**\n\nIt creates a safety net of basic rights for workers while allowing flexibility through negotiated agreements. It also provides accessible, low-cost ways to resolve workplace disputes without going to ordinary courts."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded far beyond its original purpose as a basic industrial relations framework. Originally the 'Industrial and Employee Relations Act 1994', it has been amended to cover outworkers, child labour, trial work, family and domestic violence leave, a new tribunal structure (SAET replacing the Industrial Relations Court and Commission), and special provisions for federal administration of the CFMEU. The addition of the Industrial Relations Consultative Council (Chapter 6AA) and extensive anti-avoidance mechanisms demonstrate a significant broadening of scope from simple employer-employee regulation to include detailed governance of unions, supply chain liability, and integration with federal labour systems."},"complexity_factors":["Over 230 sections across 6 chapters plus multiple schedules","Extensive interpretation section (s4) with dozens of defined terms, many with nested exceptions","Cross-references between parts, e.g., enterprise agreements refer back to award provisions","Multiple layers of regulation: contracts, awards, enterprise agreements, and minimum standards","Complex approval process for enterprise agreements (s79) with numerous conditions, exceptions, and referral options","Incorporation of international conventions (Schedules 6, 7, 9, 10, 11) as binding standards","Transitional provisions (Schedule 1) that preserve old laws and adapt to national system changes","Anti-avoidance provisions (e.g., Part 3A re CFMEU administration) with criminal penalties","Nested exceptions and conditions in outworker provisions (Part 3A) and unfair dismissal (Part 6)","Indexation formulas for monetary amounts (s4(4))"],"plain_english_summary":"The **Fair Work Act 1994** is South Australia's main workplace law. It sets out the rules for employment relationships, including minimum wages, leave entitlements (such as annual leave, sick leave, parental leave, and family and domestic violence leave), and protections against unfair dismissal. The Act creates the **South Australian Employment Tribunal (SAET)** to handle disputes, approve enterprise agreements (workplace deals between employers and employees), and make awards (legal documents that set pay and conditions for specific industries). It also regulates trade unions and employer associations, protects freedom of association (the right to join or not join a union), and allows for the appointment of inspectors to enforce compliance. The Act applies to most employees in the state, except those covered by the national Fair Work system. It establishes an **Industrial Relations Consultative Council** to advise the government on workplace policy. Key features include:\n\n- **Minimum standards**: Contracts of employment automatically include minimum entitlements for wages, leave, and redundancy pay, unless a more favourable award or enterprise agreement applies.\n- **Enterprise agreements**: Employers and employees (or their unions) can negotiate tailored agreements, which must be approved by SAET and cannot undercut minimum standards.\n- **Awards**: SAET can make industry-specific awards that set binding pay and conditions.\n- **Unfair dismissal**: Employees can challenge dismissals that are harsh, unjust, or unreasonable, with remedies including reinstatement or compensation.\n- **Outworkers**: Special rules protect people doing piecework at home, allowing them to claim unpaid wages from the top of the supply chain.\n- **Associations**: Unions and employer groups must register with SAET, follow democratic rules, and keep financial records.\n\nThis is a complex, detailed law that has grown significantly since its original enactment in 1994, with many amendments adding new protections and extending its reach."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-act-1994","history":"/api/acts/fair-work-act-1994/history","analysis":"/api/acts/fair-work-act-1994/analysis","conflicts":"/api/acts/fair-work-act-1994/conflicts","importantCases":"/api/acts/fair-work-act-1994/important-cases","documents":"/api/acts/fair-work-act-1994/documents"}}