{"id":"fair-work-commonwealth-powers-act-2009","name":"Fair Work (Commonwealth Powers) Act 2009","slug":"fair-work-commonwealth-powers-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32044,"registerId":"sa-fair-work-commonwealth-powers-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (Commonwealth Powers) Act 2009","content":"South Australia\nFair Work (Commonwealth Powers) Act 2009\nAn Act to refer certain matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tFundamental workplace relations principles\n5\tReference of matters\n6\tMatters excluded from the reference\n7\tTermination of references\n8\tEffect of termination of amendment reference or transition reference before initial reference\n9\tPeriod for termination of references\nSchedule 1—Text to be included in the provisions of the Commonwealth Fair Work Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Fair Work (Commonwealth Powers) Act 2009.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadministrative unit means—\n\t(a)\ta department established as part of the Public Service of the State; or\n\t(b)\tan attached office under the Public Sector Act 2009;\namendment reference means the reference under section 5(1)(b);\nCommonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth (as amended from time to time);\nemploying authority means a person designated as an employing authority, and empowered to employ persons on behalf of the Crown, under an Act;\nexcluded subject matter means any of the following matters:\n\t(a)\ta matter dealt with in the Equal Opportunity Act 1984;\n\t(b)\tsuperannuation;\n\t(c)\tworkers compensation;\n\t(d)\toccupational health and safety;\n\t(e)\tmatters relating to outworkers (within the ordinary meaning of the term);\n\t(f)\tchild labour;\n\t(g)\ttraining arrangements;\n\t(h)\tlong service leave;\n\t(i)\tleave for victims of crime;\n\t(j)\tattendance for service on a jury, or for emergency service duties;\n\t(k)\tdeclaration, prescription or substitution of public holidays;\n\t(l)\tthe following matters relating to provision of essential services or to situations of emergency:\n\t(i)\tdirections to perform work (including to perform work at a particular time or place, or in a particular way);\n\t(ii)\tdirections not to perform work (including not to perform work at a particular time or place, or in a particular way);\n\t(m)\tregulation of any of the following:\n\t(i)\temployee associations;\n\t(ii)\temployer associations;\n\t(iii)\tmembers of employee associations or of employer associations;\n\t(n)\tworkplace surveillance;\n\t(o)\tbusiness trading hours;\n\t(p)\tclaims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\n\t(q)\trights or remedies incidental to a matter referred to in a preceding paragraph of this definition,\nexcept to the extent that the Fair Work Act 2009 of the Commonwealth, as originally enacted, deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under the Commonwealth Fair Work Act so to deal with the matter;\nexpress amendment of the Commonwealth Fair Work Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Fair Work Act;\nfundamental workplace relations principles—see section 4;\ninitial reference means the reference under section 5(1)(a);\ninitial referred provisions means the scheduled text, to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State;\nlaw enforcement officer means—\n\t(a)\ta member of SA Police under the Police Act 1998; or\n\t(b)\ta police cadet, police medical officer or special constable; or\n\t(c)\ta person employed as a protective security officer under the Protective Security Act 2007;\nlocal government sector employee means an employee of a local government sector employer;\nlocal government sector employer means an employer that is—\n\t(a)\ta council constituted under the Local Government Act 1999; or\n\t(b)\ta subsidiary or regional subsidiary established under the Local Government Act 1999; or\n\t(c)\tany other entity established under the Local Government Act 1999; or\n\t(d)\tthe Local Government Association of South Australia; or\n\t(e)\tany other entity established by a body referred to in a preceding paragraph;\npublic sector agency means—\n\t(a)\ta Minister; or\n\t(b)\ta chief executive of an administrative unit; or\n\t(c)\tan administrative unit; or\n\t(d)\tan employing authority; or\n\t(e)\tany other agency or instrumentality of the Crown; or\n\t(f)\ta body corporate—\n\t(i)\tcomprised of persons, or with a governing body comprised of persons, a majority of whom are appointed by the Governor, a Minister or an agency or instrumentality of the Crown; or\n\t(ii)\tsubject to control or direction by a Minister; or\n\t(g)\ta person or body declared under an Act to be a public sector agency for the purposes of the management or governance of the public sector of the State; or\n\t(h)\ta subsidiary of a Minister or a person or body referred to in a preceding paragraph,\nbut does not include a person or body declared under an Act not to be part of the Crown or not to be an agency or instrumentality of the Crown;\npublic sector employee means a chief executive of an administrative unit or an employee in an administrative unit or other person employed or appointed by a public sector agency;\nreference means—\n\t(a)\tthe initial reference; or\n\t(b)\tthe amendment reference; or\n\t(c)\tthe transition reference;\nreferred subject matters means any of the following:\n\t(a)\tterms and conditions of employment, including any of the following:\n\t(i)\tminimum terms and conditions of employment (including employment standards and minimum wages);\n\t(ii)\tterms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise‑level agreements);\n\t(iii)\tbargaining in relation to terms and conditions of employment;\n\t(iv)\tthe effect of a transfer of business on terms and conditions of employment;\n\t(b)\tterms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\n\t(c)\trights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following:\n\t(i)\tfreedom of association in the context of workplace relations, and related protections;\n\t(ii)\tprotection from discrimination relating to employment;\n\t(iii)\ttermination of employment;\n\t(iv)\tindustrial action;\n\t(v)\tprotection from payment of fees for services related to bargaining;\n\t(vi)\tsham independent contractor arrangements;\n\t(vii)\tstanding down employees without pay;\n\t(viii)\tunion rights of entry and rights of access to records;\n\t(d)\tcompliance with, and enforcement of, the Commonwealth Fair Work Act;\n\t(e)\tthe administration of the Commonwealth Fair Work Act;\n\t(f)\tthe application of the Commonwealth Fair Work Act;\n\t(g)\tmatters incidental or ancillary to the operation of the Commonwealth Fair Work Act or of instruments made or given effect under the Commonwealth Fair Work Act,\nbut does not include any excluded subject matter;\nreferred transition matters means the matters of the making of laws with respect to the transition from the regime provided for by—\n\t(a)\tthe Workplace Relations Act 1996 of the Commonwealth (as it continues to apply because of the Fair Work (Transitional and Consequential Amendments) Act 2009 of the Commonwealth); or\n\t(b)\ta law of this State relating to workplace relations or industrial relations,\nto the regime provided for by the Commonwealth Fair Work Act;\nscheduled text means the text set out in Schedule 1;\ntransition reference means the reference under section 5(1)(c).\n\t(2)\tWords or phrases in the definition of excluded subject matter or the definition of referred subject matters that are defined in the Commonwealth Fair Work Act (other than in Division 2B of Part 1‑3 of the Commonwealth Fair Work Act) have the meaning set out in that Act as in force on 1 July 2009.\n4—Fundamental workplace relations principles\nThe following are the fundamental workplace relations principles under this Act:\n\t(a)\tthat the Commonwealth Fair Work Act should provide for, and continue to provide for, the following:\n\t(i)\ta strong, simple and enforceable safety net of minimum employment standards;\n\t(ii)\tgenuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n\t(iii)\tcollective bargaining at the enterprise level with no provision for individual statutory agreements;\n\t(iv)\tfair and effective remedies available through an independent umpire;\n\t(v)\tprotection from unfair dismissal;\n\t(b)\tthat there should be, and continue to be, in connection with the operation of the Commonwealth Fair Work Act, the following:\n\t(i)\tan independent tribunal system;\n\t(ii)\tan independent authority able to assist employers and employees within a national workplace relations system.\n5—Reference of matters\n\t(1)\tSubject to the other provisions of this Act, the following matters are referred to the Parliament of the Commonwealth:\n\t(a)\tthe matters to which the initial referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the initial referred provisions in the Commonwealth Fair Work Act, as originally enacted, and as subsequently amended by amendments enacted at any time before this Act commences, in the terms, or substantially in the terms, set out in the scheduled text;\n\t(b)\tthe referred subject matters, but only to the extent of making laws with respect to any such matter by making express amendments of the Commonwealth Fair Work Act;\n\t(c)\tthe referred transition matters.\n\t(2)\tThe reference of a matter under subsection (1) has effect only—\n\t(a)\tif and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth); and\n\t(b)\tif and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n\t(3)\tThe operation of each paragraph of subsection (1) is not affected by any other paragraph.\n\t(4)\tFor the avoidance of doubt, it is the intention of the Parliament of the State that the Commonwealth Fair Work Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts whose operation is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsection (1).\n\t(5)\tDespite any other provision of this section, a reference under subsection (1) has effect for a period—\n\t(a)\tbeginning when this section commences; and\n\t(b)\tending at the end of the day fixed under section 7 as the day on which the reference is to terminate,\nbut no longer.\n6—Matters excluded from the reference\nA matter referred by section 5 does not include—\n\t(a)\tmatters relating to Ministers, Members of Parliament, judicial officers or members of tribunals established by or under a law of the State; or\n\t(b)\tmatters relating to public sector employees; or\n\t(c)\tmatters relating to persons engaged as a member of a Minister's personal staff; or\n\t(d)\tmatters relating to persons—\n\t(i)\tappointed under section 68 of the Constitution Act 1934; or\n\t(ii)\tappointed or engaged by the Governor or a Minister under any other Act, law or authority; or\n\t(e)\tmatters relating to persons holding office as Parliamentary officers or employed under the Parliament (Joint Services) Act 1985; or\n\t(f)\tmatters relating to persons holding office or employed under the Courts Administration Act 1993; or\n\t(g)\tmatters relating to—\n\t(i)\tmembers of SA Police under the Police Act 1998; or\n\t(ii)\tpolice cadets, police medical officers or special constables; or\n\t(iii)\tpersons employed as protective security officers under the Protective Security Act 2007; or\n\t(h)\tmatters relating to local government sector employees.\n7—Termination of references\n\t(1)\tThe Governor may, at any time, by proclamation published in the Gazette, fix a day as the day on which—\n\t(a)\tthe references are to terminate; or\n\t(b)\tthe amendment reference is to terminate; or\n\t(c)\tthe transition reference is to terminate.\n\t(2)\tThe Governor may, by proclamation published in the Gazette, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 5) never to have been published.\n\t(3)\tA revoking proclamation has effect only if published before the day fixed under subsection (1).\n\t(4)\tThe revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\t(5)\tIf the amendment reference and the transition reference have been terminated, the expression the references in subsection (1) refers only to the initial reference.\n8—Effect of termination of amendment reference or transition reference before initial reference\n\t(1)\tIf the amendment reference or the transition reference terminates before the initial reference, the termination of the amendment reference or transition reference does not affect—\n\t(a)\tlaws that were made under that reference before that termination (whether or not they have come into operation before that termination); or\n\t(b)\tthe continued operation in the State of the Commonwealth Fair Work Act as in operation immediately before that termination or as subsequently amended or affected by—\n\t(i)\tlaws referred to in paragraph (a) that come into operation after that termination; or\n\t(ii)\tprovisions referred to in section 5(4).\n\t(2)\tAccordingly, the amendment reference or transition reference continues to have effect for the purposes of subsection (1) unless the initial reference is terminated.\n9—Period for termination of references\n\t(1)\tSubject to subsection (2), a day fixed by a proclamation under section 7(1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published.\n\t(2)\tIf—\n\t(a)\ta proclamation under section 7(1) only provides for the termination of the amendment reference; and\n\t(b)\tthe Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act—\n\t(i)\tis proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or\n\t(ii)\thas been amended,\nin a manner that is inconsistent with 1 or more of the fundamental workplace relations principles,\nthe day fixed by the proclamation under section 7(1)(b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published.\n\t(3)\tIf the Governor terminates the amendment reference and fixes a day under subsection (2), the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.\nSchedule 1—Text to be included in the provisions of the Commonwealth Fair Work Act\nDivision 2B\t—Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010\n\t30K\tMeaning of terms used in this Division\n\t(1)\tIn this Division:\namendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(4).\nexcluded subject matter means any of the following matters:\n\t(a)\ta matter dealt with in a law referred to in subsection 27(1A) of this Act;\n\t(b)\tsuperannuation;\n\t(c)\tworkers compensation;\n\t(d)\toccupational health and safety;\n\t(e)\tmatters relating to outworkers (within the ordinary meaning of the term);\n\t(f)\tchild labour;\n\t(g)\ttraining arrangements;\n\t(h)\tlong service leave;\n\t(i)\tleave for victims of crime;\n\t(j)\tattendance for service on a jury, or for emergency service duties;\n\t(k)\tdeclaration, prescription or substitution of public holidays;\n\t(l)\tthe following matters relating to provision of essential services or to situations of emergency:\n\t(i)\tdirections to perform work (including to perform work at a particular time or place, or in a particular way);\n\t(ii)\tdirections not to perform work (including not to perform work at a particular time or place, or in a particular way);\n\t(m)\tregulation of any of the following:\n\t(i)\temployee associations;\n\t(ii)\temployer associations;\n\t(iii)\tmembers of employee associations or of employer associations;\n\t(n)\tworkplace surveillance;\n\t(o)\tbusiness trading hours;\n\t(p)\tclaims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\n\t(q)\trights or remedies incidental to a matter referred to in a preceding paragraph of this definition;\nexcept to the extent that this Act as originally enacted deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under this Act so to deal with the matter.\nexpress amendment means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.\nfundamental workplace relations principles: see subsection 30L(9).\ninitial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(3).\nlaw enforcement officer means:\n\t(a)\ta member of a police force or police service; or\n\t(b)\ta person appointed to a position for the purpose of being trained as a member of a police force or police service; or\n\t(c)\ta person who has the powers and duties of a member of a police force or police service;\nand, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.\nlocal government employee, of a State, means:\n\t(a)\tan employee of a local government employer of the State; or\n\t(b)\tany other employee in the State of a kind specified in the regulations.\nlocal government employer, of a State, means an employer that is:\n\t(a)\ta body corporate that is established for a local government purpose by or under a law of a State; or\n\t(b)\ta body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or\n\t(c)\ta person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or\n\t(d)\tany other body corporate that is a local government body in the State of a kind specified in the regulations; or\n\t(e)\tany other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations.\nreferral law, of a State, means the law of the State that refers matters, as mentioned in subsection 30L(1), to the Parliament of the Commonwealth.\nreferred provisions means the provisions of this Division to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.\nreferred subject matters means any of the following:\n\t(a)\tterms and conditions of employment, including any of the following:\n\t(i)\tminimum terms and conditions of employment, (including employment standards and minimum wages);\n\t(ii)\tterms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\n\t(iii)\tbargaining in relation to terms and conditions of employment;\n\t(iv)\tthe effect of a transfer of business on terms and conditions of employment;\n\t(b)\tterms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\n\t(c)\trights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following:\n\t(i)\tfreedom of association in the context of workplace relations, and related protections;\n\t(ii)\tprotection from discrimination relating to employment;\n\t(iii)\ttermination of employment;\n\t(iv)\tindustrial action;\n\t(v)\tprotection from payment of fees for services related to bargaining;\n\t(vi)\tsham independent contractor arrangements;\n\t(vii)\tstanding down employees without pay;\n\t(viii)\tunion rights of entry and rights of access to records;\n\t(d)\tcompliance with, and enforcement of, this Act;\n\t(e)\tthe administration of this Act;\n\t(f)\tthe application of this Act;\n\t(g)\tmatters incidental or ancillary to the operation of this Act or of instruments made or given effect under this Act;\nbut does not include any excluded subject matter.\nreferring State: see section 30L.\nState public sector employee, of a State, means:\n\t(a)\tan employee of a State public sector employer of the State; or\n\t(b)\tany other employee in the State of a kind specified in the regulations;\nand includes a law enforcement officer of the State.\nState public sector employer, of a State, means an employer that is:\n\t(a)\tthe State, the Governor of the State or a Minister of the State; or\n\t(b)\ta body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\n\t(c)\ta body corporate in which the State has a controlling interest; or\n\t(d)\ta person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\n\t(e)\tany other employer in the State of a kind specified in the regulations;\nand includes a holder of an office of the State whom the State’s referral law provides is to be taken, for the purposes of this Act, to be an employer of law enforcement officers of the State.\ntransition reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(5).\n\t(2)\tWords or phrases in the definition of excluded subject matter in subsection (1), or in the definition of referred subject matters in subsection (1), that are defined in this Act (other than in this Division) have, in that definition, the meanings set out in this Act as in force on 1 July 2009.\n\t30L\tMeaning of referring State\nReference of matters by State Parliament to Commonwealth Parliament\n\t(1)\tA State is a referring State if the Parliament of the State has, after 1 July 2009 but on or before 1 January 2010, referred the matters covered by subsections (3), (4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:\n\t(a)\tif and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and\n\t(b)\tif and to the extent that the matters are included in the legislative powers of the Parliament of the State.\nThis subsection has effect subject to subsection (6).\n\t(2)\tA State is a referring State even if:\n\t(a)\tthe State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3), (4) and (5) is to terminate in particular circumstances; or\n\t(b)\tthe State’s referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5); or\n\t(c)\tthe State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5).\nReference covering referred provisions\n\t(3)\tThis subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by amending this Act, as originally enacted, and as subsequently amended by amendments enacted at any time before the State’s referral law commenced, to include the referred provisions.\nReference covering amendments\n\t(4)\tThis subsection covers the referred subject matters to the extent of making laws with respect to those matters by making express amendments of this Act.\nReference covering transitional matters\n\t(5)\tThis subsection covers making laws with respect to the transition from the regime provided for by:\n\t(a)\tthe Workplace Relations Act 1996 (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009); or\n\t(b)\ta law of a State relating to workplace relations or industrial relations;\nto the regime provided for by this Act.\nEffect of termination of reference\n\t(6)\tDespite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:\n\t(a)\tthe State’s initial reference terminates;\n\t(b)\tthe State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;\n\t(c)\tthe State’s transition reference terminates.\n\t(7)\tA State does not cease to be a referring State because of the termination of its amendment reference if:\n\t(a)\tthe termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\n\t(b)\tthe day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and\n\t(c)\tthat State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8)), terminate on the same day.\n\t(8)\tA State does not cease to be a referring State because of the termination of its amendment reference if:\n\t(a)\tthe termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\n\t(b)\tthe day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and\n\t(c)\tthe Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act:\n\t(i)\tis proposed to be amended (by an amendment introduced into the Parliament by a Minister); or\n\t(ii)\thas been amended;\nin a manner that is inconsistent with one or more of the fundamental workplace relations principles.\n\t(9)\tThe following are the fundamental workplace relations principles:\n\t(a)\tthat this Act should provide for, and continue to provide for, the following:\n\t(i)\ta strong, simple and enforceable safety net of minimum employment standards;\n\t(ii)\tgenuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n\t(iii)\tcollective bargaining at the enterprise level with no provision for individual statutory agreements;\n\t(iv)\tfair and effective remedies available through an independent umpire;\n\t(v)\tprotection from unfair dismissal;\n\t(b)\tthat there should be, and continue to be, in connection with the operation of this Act, the following:\n\t(i)\tan independent tribunal system;\n\t(ii)\tan independent authority able to assist employers and employees within a national workplace relations system.\n\t30M\tExtended meaning of national system employee\n\t(1)\tA national system employee includes:\n\t(a)\tany individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30N(1)(a), except on a vocational placement; and\n\t(b)\ta law enforcement officer of the State to whom subsection 30P(1) applies.\n\t(2)\tThis section does not limit the operation of section 13 (which defines a national system employee).\nNote—\nSection 30S may limit the extent to which this section extends the meaning of national system employee.\n\t30N\tExtended meaning of national system employer\n\t(1)\tA national system employer includes:\n\t(a)\tany person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and\n\t(b)\ta holder of an office to whom subsection 30P(2) applies.\n\t(2)\tThis section does not limit the operation of section 14 (which defines a national system employer).\nNote—\nSection 30S may limit the extent to which this section extends the meaning of national system employer.\n\t30P\tExtended ordinary meanings of employee and employer\n\t(1)\tA reference in this Act to an employee with its ordinary meaning includes a reference to a law enforcement officer of a referring State if the State’s referral law so provides for the purposes of that law.\n\t(2)\tA reference in this Act to an employer with its ordinary meaning includes a reference to a holder of an office of a State if the State’s referral law provides, for the purposes of that law, that the holder of the office is taken to be the employer of a law enforcement officer of the State.\n\t(3)\tThis section does not limit the operation of section 15 (which deals with references to employee and employer with their ordinary meanings).\nNote—\nSection 30S may limit the extent to which this section extends the meanings of employee and employer.\n\t30Q\tExtended meaning of outworker entity\n\t(1)\tAn outworker entity includes a person, other than in the person’s capacity as a national system employer, so far as:\n\t(a)\tthe person arranges for work to be performed for the person (either directly or indirectly); and\n\t(b)\tthe work is of a kind that is often performed by outworkers; and\n\t(c)\tone or more of the following applies:\n\t(i)\tat the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;\n\t(ii)\tthe work is to be performed in a State that is a referring State because of this Division;\n\t(iii)\tthe person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State;\n\t(iv)\tthe person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.\n\t(2)\tThis section does not limit the operation of the definition of outworker entity in section 12.\nNote—\nSection 30S may limit the extent to which this section extends the meaning of outworker entity.\n\t30R\tGeneral protections\n\t(1)\tPart 3‑1 (which deals with general protections) applies to action taken in a State that is a referring State because of this Division.\n\t(2)\tThis section applies despite section 337 (which limits the application of Part 3‑1), and does not limit the operation of sections 338 and 339 (which set out the application of that Part).\nNote—\nSection 30S may limit the extent to which this section extends the application of Part 3‑1.\n\t30S\tDivision only has effect if supported by reference\nA provision of this Division has effect in relation to a State that is a referring State because of this Division only to the extent that the State’s referral law refers to the Parliament of the Commonwealth the matters mentioned in subsection 30L(1) that result in the Parliament of the Commonwealth having sufficient legislative power for the provision so to have effect.\nLegislative history\nNotes\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.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n57\nFair Work (Commonwealth Powers) Act 2009\n26.11.2009\n27.11.2009 (Gazette 26.11.2009 p5274)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of referring workplace relations matters to the Commonwealth. The scope is deliberately limited by extensive exclusions (public sector, local government, specific topics like superannuation and OH&S) that were likely part of the original policy intent to protect state interests while enabling a national system. The fundamental principles and termination mechanisms appear designed to maintain the original bargain, not expand beyond it."},"complexity_factors":["Multiple overlapping definitions of the same terms (e.g., 'excluded subject matter', 'referred subject matters', 'fundamental workplace relations principles') appearing in both the body of the Act and Schedule 1 with slight variations","Three distinct referral mechanisms (initial, amendment, transition) with different scopes and termination rules","Complex conditional logic in section 5(2) limiting referrals to matters not already within Commonwealth power but within State power","Nested exceptions and carve-outs throughout, particularly in sections 6 and the definitions of excluded subject matter","Cross-referencing between this Act and the Commonwealth Fair Work Act 2009, including dynamic references to the Fair Work Act 'as amended from time to time'","Mirror provisions in Schedule 1 that essentially duplicate the State Act's framework for insertion into Commonwealth legislation","Intricate termination mechanics in sections 7-9 with different notice periods depending on circumstances (6 months standard, 3 months for principle violations)","Specific preservation clauses (section 8) dealing with the interaction between termination of different reference types","17 distinct categories of 'excluded subject matter' in the definition, many with sub-clauses"],"plain_english_summary":"This is South Australia's law that hands over (or 'refers') power to the federal government to make workplace relations laws for South Australian workers. \n\n**What it does:**\n- **Transfers power:** South Australia is using a constitutional mechanism (section 51(xxxvii)) to let the Commonwealth Parliament make laws about workplace relations that would otherwise be state matters.\n- **Three types of referral:**\n  1. **Initial reference:** Allows the federal Fair Work Act 2009 to apply in SA with specific SA-focused provisions\n  2. **Amendment reference:** Lets the federal government make future changes to the Fair Work Act for SA\n  3. **Transition reference:** Covers the switch from old workplace laws to the new Fair Work system\n\n**Who it affects:**\n- Most private sector employees and employers in South Australia\n- **Important exclusions:** The referral deliberately leaves out certain workers and topics:\n  - State public servants (government employees)\n  - Local council workers\n  - Police and protective security officers\n  - Ministers, MPs, judges, and parliamentary staff\n  - Specific topics like superannuation, workers compensation, occupational health & safety, long service leave, and public holidays\n\n**Why it matters:**\nThis creates a 'national workplace relations system' where most Australian workers are covered by the same federal laws rather than different state laws. However, SA keeps control over its own public sector and certain employment matters it didn't want to hand over. The Act includes safeguards - SA can pull out of the arrangement (terminate the reference) if the federal government changes the Fair Work Act in ways that violate 'fundamental workplace relations principles' like protecting minimum standards, collective bargaining, and unfair dismissal rights.\n\n**Key feature:** The Act includes a 'kill switch' - the SA Governor can terminate the referral with 6 months' notice (or 3 months if the federal government breaks the fundamental principles), allowing SA to reclaim these powers if unhappy with how the federal system evolves."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act, as drafted, effects a referral of specified workplace relations matters to the Commonwealth and sets out the precise scope and limits of that referral (initial referred provisions are the scheduled text; s5(1)(a) and Schedule 1 30L(3)). It preserves detailed exclusions (s3 excluded subject matter; s6) and makes the Commonwealth’s power contingent on whether the matter falls within the State’s legislative power (s5(2); Schedule 1 30S). The Act also allows the Commonwealth to make express amendments covering referred subject matters (s5(1)(b)) and provides State mechanisms to terminate references subject to timing and reporting rules (s7; s9). Taken against the Act’s own terms, the scope has not been altered from what the instrument sets out: the referral’s extent, exclusions and termination paths are fixed by the Act itself, though future termination or Commonwealth express amendments can change operational coverage within the statutory framework (s5(4); s7)."},"complexity_factors":["Cross‑jurisdictional referral mechanics: the Act delegates State legislative power to the Commonwealth by reference and depends on section 51(xxxvii) of the Constitution (see s5(1) and Schedule 1 Division 2B (30L)).","Multiple layered references: initial reference, amendment reference and transition reference with different legal effects and triggers (definitions in s3; mechanics in s5(1) and Schedule 1 30L(3)‑(5)).","Extensive exclusions and carve‑outs: a long, specific list of excluded subject matter (s3 definition of excluded subject matter; Schedule 1 30K) and excluded persons/sectors (s6), which require careful mapping of issues to jurisdiction.","‘Only to the extent’ and conditional operation language: many provisions operate only if the matter lies within State legislative power or is not otherwise within Commonwealth power, creating scope‑of‑power uncertainty (s5(2); Schedule 1 30S).","Interaction with Commonwealth text insertion and express amendment: the initial referred provisions are enacted by incorporating scheduled text into the Commonwealth Fair Work Act, while other referred matters require express amendment of the Commonwealth Act (s5(1)(a)‑(b); s5(4)).","Termination and timing rules: Governor’s proclamation required to terminate references, with minimum notice periods and special shorter periods where the Governor finds inconsistency with fundamental principles; reporting obligations follow (s7; s9(1)‑(3)).","Fundamental workplace relations principles create a conditional restraint: the Act sets principles that can justify an earlier termination of the amendment reference (s4; s9(2); Schedule 1 30L(9)), importing evaluative judgment into termination decisions.","Extended definitions and sectoral effects: the Schedule expands meanings of ‘national system employee/employer’, ‘outworker entity’, and the application of general protections, which affects who is captured by national laws (Schedule 1 30M–30R).","Administrative and compliance complexity: detailed definitions of public sector agencies, employing authorities and local government employers create compliance burdens for agencies determining whether they remain within State or national systems (s3 definitions; s6).","Temporal definition anchoring: several cross‑references fix meanings to how terms were defined as at 1 July 2009, requiring historical text comparison when applying the Act (s3(2); Schedule 1 30K(2))."],"plain_english_summary":"This Act refers specified workplace relations matters from South Australia to the Commonwealth Parliament under the Constitution so that the Commonwealth Fair Work Act (and express Commonwealth amendments) will operate in South Australia for those matters, subject to detailed exclusions and limits. It affects employers, employees, associations and certain public-sector or law‑enforcement roles to the extent the State can refer them, and sets how the referral can be amended or terminated."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on general knowledge, the Act's scope has evolved since 2009. The original referral excluded certain categories of employees (such as state public servants). Over time, amendments and intergovernmental agreements have adjusted which workers and industries fall under the national system versus remaining under state jurisdiction, meaning the practical coverage of the Act has shifted from its original enactment."},"complexity_factors":["Involves constitutional law concepts (referral of legislative powers under s51(xxxvii) of the Australian Constitution) that are not intuitive to laypeople","Interplay between state and federal legislative frameworks creates dual-system complexity","Scope of the referral (what is and isn't handed over) can be technically nuanced — e.g., exclusions for public sector employees","Legislative text was not retrievable, preventing direct analysis of current provisions or amendments","Amendments over time may have altered the original scope of the referral"],"plain_english_summary":"The Fair Work (Commonwealth Powers) Act 2009 is South Australia’s referral of most private‑sector industrial relations powers to the Commonwealth, bringing SA private employers and employees under the national Fair Work system. That means affected workers and businesses access national awards, the Fair Work Commission’s minimum wage and unfair‑dismissal protections instead of a separate state scheme."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-commonwealth-powers-act-2009","history":"/api/acts/fair-work-commonwealth-powers-act-2009/history","analysis":"/api/acts/fair-work-commonwealth-powers-act-2009/analysis","conflicts":"/api/acts/fair-work-commonwealth-powers-act-2009/conflicts","importantCases":"/api/acts/fair-work-commonwealth-powers-act-2009/important-cases","documents":"/api/acts/fair-work-commonwealth-powers-act-2009/documents"}}