{"id":"fair-work-general-regulations-2024","name":"Fair Work (General) Regulations 2024","slug":"fair-work-general-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235497,"registerId":"sa-fair-work-general-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (General) Regulations 2024","content":"South Australia\nFair Work (General) Regulations 2024\nunder the Fair Work Act 1994\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclared employer for public employees\n5\tEmployment excluded from Act\nPart 2—Enterprise agreements\n6\tNotice to be given by association\n7\tNotice to be given by employer\n8\tRequirements for signing enterprise agreement\nPart 3—Miscellaneous\n9\tUnfair dismissal\n10\tAwards relating to disabled workers\n11\tContinuous service\n12\tContinuity of industrial arrangements—National Industrial Relations System\nSchedule 1—Notice of intention to negotiate enterprise agreement under Fair Work Act 1994\nSchedule 2—Recognised organisations\nSchedule 3—Repeal of Fair Work (General) Regulations 2009\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Fair Work (General) Regulations 2024.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Work Act 1994.\n4—Declared employer for public employees\nFor the purposes of paragraph (a) of the definition of employer in section 4(1) of the Act, the person for the time being holding or acting in the position of Chief Executive of the Attorney‑General's Department is declared to be the employer of public employees.\n5—Employment excluded from Act\n\t(1)\tPursuant to section 6(b) of the Act, employment which consists of part‑time or casual employment performed in or about a private residence is excluded from the ambit of the Act provided that the work is wholly or mainly performed for a domestic purpose.\n\t(2)\tIn this regulation work is performed for a domestic purpose if it is not performed for the purpose of the employer's trade or business.\nPart 2—Enterprise agreements\n6—Notice to be given by association\n\t(1)\tPursuant to section 75(2)(b) of the Act, an association which proposes to enter into an enterprise agreement on behalf of a group of employees must give notice of that proposal to the group of employees in accordance with this regulation.\n\t(2)\tAn association acting under subregulation (1) must take reasonable steps to ensure—\n\t(a)\tthat a written notice is given to each employee currently constituting the group proposed to be bound by the enterprise agreement; and\n\t(b)\tif practicable, that a written notice is displayed at the employees' workplace.\n\t(3)\tA notice prepared under this regulation—\n\t(a)\tmust be expressed in plain language; and\n\t(b)\tmust state the full name of the association; and\n\t(c)\tmust provide the name and the phone number of an officer of the association who can be contacted for further information in relation to the proposed enterprise agreement; and\n\t(d)\tmust identify the group of employees who would or might be bound by the proposed enterprise agreement with enough particularity to enable an employee to determine whether or not they are or might be in the group; and\n\t(e)\tmust contain a statement advising employees in the group—\n\t(i)\tthat if the association is authorised by a majority of the employees constituting the group to negotiate on their behalf, the association may enter into an enterprise agreement under the Act which would bind all members of the group; and\n\t(ii)\tthat any employee within the group who is a member of the association will be taken to have given an authorisation for the purposes of the Act unless the employee, by written notice to the association, withdraws the authorisation; and\n\t(f)\tmust provide details of the means by which an employee within the group who is not a member of the association may give an authorisation to the association for the purposes of the Act; and\n\t(g)\tmust be signed by or on behalf of the association.\n\t(4)\tThe association should, so far as is reasonably practicable, ensure that a notice displayed in a workplace under this regulation is in such languages as are appropriate for a significant number of the employees to whom the notice is addressed.\n\t(5)\tIf an employee reasonably requests that a notice given to the employee under this regulation be supplied in a language other than English, the association must take reasonable steps to provide the employee with a copy of the notice in the language requested.\n7—Notice to be given by employer\n\t(1)\tPursuant to section 76(1) of the Act, an employer must give notice in accordance with this regulation that negotiations for an enterprise agreement are about to begin.1\n\t(2)\tAn employer acting under subregulation (1) must take reasonable steps to ensure—\n\t(a)\tthat a written notice is given to each employee currently constituting the group proposed to be bound by the enterprise agreement; and\n\t(b)\tif practicable, that a written notice, in such languages as are appropriate for a significant number of the employees to whom the notice is addressed, is displayed at the employees' workplace.\n\t(3)\tA notice prepared under this regulation—\n\t(a)\tmust be expressed in plain language; and\n\t(b)\tmust include a statement that the employer proposes to begin negotiations on the terms of an enterprise agreement and propose a date and place for the commencement of those negotiations; and\n\t(c)\tmust identify the group of employees who would or might be bound by the proposed enterprise agreement with enough particularity to enable an employee to determine whether or not they are or might be in the group; and\n\t(d)\tmay outline the employer's proposed procedure for negotiations on the terms of the enterprise agreement, including the anticipated time frame for the negotiations and any proposed consultative arrangements; and\n\t(e)\tmay outline matters that the employer proposes to be subject to negotiations for an agreement; and\n\t(f)\tmust be signed by or on behalf of the employer; and\n\t(g)\tmay take the form of the notice set out in Schedule 1.\n\t(4)\tIf an employee reasonably requests that a notice given to the employee under this regulation be supplied in a language other than English, the employer must take reasonable steps to provide the employee with a copy of the notice in the language requested.\n\t(5)\tTwo or more employers who may be involved in negotiations on the terms of the same enterprise agreement may, if they think fit, give a notice under this regulation jointly.\nNote—\n1\tUnder section 76(1) of the Act 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.\n8—Requirements for signing enterprise agreement\n\t(1)\tPursuant to section 77(1)(g) of the Act, an enterprise agreement must be signed—\n\t(a)\ton behalf of an employer, by—\n\t(i)\tthe employer; or\n\t(ii)\ta person duly authorised by the employer to sign on the employer's behalf; and\n\t(b)\ton behalf of the employees, by—\n\t(i)\tthose employees currently constituting the group proposed to be bound by the enterprise agreement and who approve of the agreement; or\n\t(ii)\tan authorised officer of an association which has been authorised to enter into the agreement on behalf of the employees under section 75(2) of the Act; or\n\t(iii)\ta person duly authorised by those employees currently constituting the group proposed to be bound by the enterprise agreement, and who approve of the agreement, to sign the agreement on their behalf.\n\t(2)\tIf an enterprise agreement contains a provision authorised under section 77(1)(d) of the Act, the agreement must also be signed by an authorised officer of the association of employees that has been given the right to represent the industrial interests of the employees to the exclusion of another association of employees.\nPart 3—Miscellaneous\n9—Unfair dismissal\nPursuant to section 105A(2) of the Act, the following classes of employees are excluded from the ambit of Chapter 3 Part 6 of the Act:\n\t(a)\temployees serving a period of probation or a qualifying period of employment, provided that the duration of the period or the maximum duration of 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;\n\t(b)\tcasual employees, except where—\n\t(i)\tthe employee has been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months; and\n\t(ii)\tthe employee has, or would have had, a reasonable expectation of continuing employment by the employer;\n\t(c)\temployees whose conditions of employment are governed by an award, enterprise agreement or contract of employment that makes specific arrangements concerning unfair dismissal that, when considered as a whole, provide protection that is at least equivalent to the protection afforded to employees under Chapter 3 Part 6 of the Act.\n10—Awards relating to disabled workers\n\t(1)\tPursuant to section 113(1)(c) of the Act, the bodies or organisations listed in Schedule 2 are declared to be recognised organisations for the purposes of section 113 of the Act.\n\t(2)\tPursuant to section 113(3) of the Act, an award under section 90 of the Act cannot regulate the wages or salary payable to a person to whom section 113 of the Act applies.\n\t(3)\tFor the purposes of subregulation (2), wages or salary do not include—\n\t(a)\tamounts payable by way of rates or shift premiums; or\n\t(b)\tamounts payable for overtime; or\n\t(c)\tallowances.\n11—Continuous service\n\t(1)\tPursuant to Schedule 8 section 1(3) of the Act, in ascertaining whether an employee's period of service is continuous the following events or matters are to be disregarded:\n\t(a)\ta—\n\t(i)\tsuspension, stand down or other interruption; or\n\t(ii)\ttermination,\nby the employer of the employee's employment for the purpose of avoiding the employer's obligations under Schedule 8 section 1 of the Act;\n\t(b)\tan absence from work by the employee on authorised leave;\n\t(c)\tsubject to subregulation (2), an absence from work by the employee due to—\n\t(i)\tthe employee's illness; or\n\t(ii)\tan accident to the employee;\n\t(d)\tsubject to subregulation (3), an absence from work by the employee, if there was reasonable cause for the absence;\n\t(e)\tsubject to subregulation (4), an absence from work by the employee due to concerted or collective industrial action;\n\t(f)\tany other absence from work, unless notice is given under subregulation (5) in relation to that absence.\n\t(2)\tSubregulation (1)(c) does not apply to an absence from work unless—\n\t(a)\tif the employee is required by the terms of an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment, or an agreement certified or approved by such a body, to—\n\t(i)\tnotify the employer of an absence from work; and\n\t(ii)\tsubstantiate the reason for that absence,\nthe employee complies with those terms; or\n\t(b)\tin any other case—the employee informs the employer within 24 hours after the commencement of the absence, or within such longer period as is reasonable in the circumstances, as to—\n\t(i)\tthe employee's absence and inability to attend work; and\n\t(ii)\twhether the absence is due to illness or accident; and\n\t(iii)\tthe likely duration of the absence.\n\t(3)\tSubregulation (1)(d) does not apply to an absence from work unless—\n\t(a)\tif the employee is required by the terms of an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment, or an agreement certified or approved by such a body, to—\n\t(i)\tnotify the employer of an absence from work; and\n\t(ii)\tsubstantiate the reason for that absence,\nthe employee complies with those terms; or\n\t(b)\tin any other case—the employee informs the employer within 24 hours after the commencement of the absence, or within such longer period as is reasonable in the circumstances, of—\n\t(i)\tthe employee's absence and inability to attend work; and\n\t(ii)\tthe reason for the absence; and\n\t(iii)\tthe likely duration of the absence.\n\t(4)\tSubregulation (1)(e) does not apply to an absence from work if SAET has determined that, for the purpose of determining the employee's entitlement to notice of termination of the employee's employment or to compensation instead of notice, the absence is to be taken as breaking the employee's continuity of service.\n\t(5)\tFor the purposes of subregulation (1)(f), the employer may give to the employee written notice in accordance with subregulation (6) that the absence from work is to be taken as breaking the employee's continuity of service with the employer.\n\t(6)\tA notice under subregulation (5) (if any) must be given—\n\t(a)\tby delivering it to the employee personally or posting it to the employee's last known address; and\n\t(b)\tduring, or within 14 days after the end of, the period of absence.\n\t(7)\tA notice given by an employer under subregulation (5)—\n\t(a)\tmay be withdrawn by the employer; and\n\t(b)\tif withdrawn, is taken not to have been given.\n12—Continuity of industrial arrangements—National Industrial Relations System\n\t(1)\tPursuant to Schedule 2 clause 2(1)(b) of the Act, the following modifications are made to a federal industrial instrument within the operation of that Schedule (as it applies as an award or enterprise agreement under the Act):\n\t(a)\ta reference to the Workplace Relations Act 1996 of the Commonwealth or to the Fair Work Act 2009 of the Commonwealth will be taken to be a reference to the Fair Work Act 1994;\n\t(b)\ta reference to the Australian Industrial Relations Commission or to Fair Work Australia will be taken to be a reference to SAET.\n\t(2)\tPursuant to Schedule 2A clause 3(1)(e) of the Act—\n\t(a)\tthe Municipal Officers (SA) Award 1998 is excluded from the operation of clause 3(1) of that Schedule; and\n\t(b)\tthe following modifications are made to a federal industrial instrument within the operation of that Schedule (as it applies as an award or enterprise agreement under the Act):\n\t(i)\ta reference to the Workplace Relations Act 1996 of the Commonwealth or to the Fair Work Act 2009 of the Commonwealth will be taken to be a reference to the Fair Work Act 1994;\n\t(ii)\ta reference to the Australian Industrial Relations Commission or to Fair Work Australia will be taken to be a reference to SAET.\nSchedule 1—Notice of intention to negotiate enterprise agreement under Fair Work Act 1994\nTo all employees\n\t1\tTake notice that                               (name of employer) proposes to begin negotiations for an enterprise agreement.\n\t2\tThe—\n\t(a)\tproposed date for commencement of negotiations1 is:\n\t(b)\tproposed place for commencement of negotiations is:\n\t3\tIt is proposed that the enterprise agreement will bind the following employees: (insert here the names, categories or classes of employees—the description used should be sufficiently precise to allow employees to determine whether or not they are in the group that the employer proposes will be bound)\n\t4\tEmployees have the right to be represented in the negotiation of, and in any proceedings for approval of, the enterprise agreement by an employee association registered under the Act, or another agent of your choice.2\n\t5\tEmployees to be involved in these negotiations can gain access to copies of the industrial awards which currently regulate their employment in the following manner: (insert here the name of the relevant award and the proposed method of access to the award in the workplace eg insert the name of a person who employees can contact to examine a copy of the award)\n\nAward\nHow to obtain access\n\n\n\n\nEmployees should note that under the Fair Work Act 1994 your employer is bound to provide you with a copy of your award on request unless you have previously requested a copy of the award in the last 12 months or your employer has been relieved of the obligation to provide a copy of the award by SAET.\n(This clause need only be completed where employees conditions of employment are currently governed by an award.3)\n\t6\tAdditional information:\n(An employer may here, for example, outline the employer's proposed procedure for negotiations on the terms of the enterprise agreement including the anticipated time frame and proposed consultative arrangements, or may outline matters that may, according to the employer's proposals, be subject to negotiations for an agreement or any other appropriate information—add annexure if required) \n\t7\tSignature of employer or authorised person: \nDate:\nNotes—\n1\tUnder section 76(1) of the Act this date cannot be less than 14 days from the date that this notice is given to employees.\n2\tUnder section 76(2) of the Act an employer is required to inform employees of their right to representation in the negotiation and proceedings for approval of an enterprise agreement. Employers should also note that under section 76(3) of the Act an employer who is aware that an employee is a member of a registered association must take reasonable steps to inform the association that negotiations for an enterprise agreement are about to begin.\n3\tUnder section 76(4) of the Act an employer is required to ensure that employees have reasonable access to any applicable award.\nSchedule 2—Recognised organisations\n\nOrganisation or body\nPrincipal location\nAutism Association of South Australia Incorporated\n6-8 MAB Circuit\nTONSLEY SA 5042\nBarkuma Incorporated (except for that part known as Personnel Employment (SA) a Division of Barkuma Incorporated)\nLevel 3, 151B South Terrace\nADELAIDE SA 5000\nBarossa Enterprises Incorporated\n27 Samuel Road\nNURIOOTPA SA 5355\nBedford Industries Incorporated\n615 Goodwood Road\nPANORAMA SA 5041\nHands on SA Limited\nUnit 2, 11 Ridley Street\nHINDMARSH SA 5007\nMelaleuca Centre Incorporated\n76 Princess Highway\nMENINGIE SA 5264\nMinda Incorporated\n12-16 King George Avenue\nNORTH BRIGHTON SA 5048\nMuscular Dystrophy Association of S.A. Incorporated\n36-38 Henley Beach Road\nMILE END SA 5031\nOrana Incorporated\n26 Watson Avenue\nNETLEY SA 5037\nPhoenix Society Incorporated\n18 Ashwin Parade\nTORRENSVILLE SA 5031\nProduct Action Incorporated\n64 O.G. Road\nKLEMZIG SA 5087\nRoyal Society for the Blind of South Australia Incorporated\n212 Pirie Street\nADELAIDE SA 5000\nSA Group Enterprises Incorporated\n12-16 King George Avenue\nNORTH BRIGHTON SA 5048\nWirrawee Incorporated\n25 Adgerey Road\nKADINA SA 5554\nSchedule 3—Repeal of Fair Work (General) Regulations 2009\nThe Fair Work (General) Regulations 2009 are repealed.\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 regulations\nYear\nNo\nReference\nCommencement\n2024\n85\nGazette 22.8.2024 p2918 \n22.8.2024: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No legislative content was available to assess. The provided text is a website error page only. No determination about scope change from original intent can be made."},"complexity_factors":["No legislative content was provided — the input is a 404 error page, not actual legislation","Cannot assess complexity of the underlying regulations without access to the actual text","Jurisdictional confusion is present: Fair Work is a Commonwealth matter, not a South Australian one, suggesting a possible misdirected or broken link"],"plain_english_summary":"The linked page is an error from the South Australian legislation site and contains no text of the Fair Work (General) Regulations 2024, so no analysis can be made. Fair Work is a federal matter under the Fair Work Act 2009; search the Federal Register of Legislation (legislation.gov.au) for the correct 2024 regulations or check that your link/jurisdiction is correct."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. Schedule 3 expressly repeals the Fair Work (General) Regulations 2009 and the 2024 Regulations restate and reframe procedural and scope rules. Key scope changes in the text include: a declaration of the employer for certain public employees (Reg 4), an explicit exclusion for domestic part‑time/casual work performed for a domestic purpose (Reg 5), specified notice/translation/signature requirements for enterprise‑agreement bargaining (Regs 6–8 and Schedule 1), clarified unfair dismissal exclusions (Reg 9), a prescribed list of recognised organisations (Schedule 2), and continuity/continuation modifications for federal instruments (Regs 11–12). These changes replace the prior regulatory framework and adjust who is covered and what procedural steps must be taken (see Schedule 3)."},"complexity_factors":["Cross-references to numerous provisions of the Act (eg. Act ss 4(1), 6(b), 75–77, 105A, 113; Schedules 2, 2A and 8) increase interpretive work and legal cross-checking.","Detailed content and language obligations for notices (Regs 6–7 and Schedule 1) create a compliance burden on associations and employers (who must ensure delivery, translation and record-keeping).","Multiple authorised-signatory and representation routes for enterprise agreements (Reg 8) require verification of authorisations and may complicate signing mechanics.","Complex continuity-of-service rules with exceptions and procedural proof requirements (Reg 11(1)–(6)) impose timing, notification and substantiation duties on both employers and employees.","Discretion retained to SAET to grant exemptions or to treat industrial action as breaking continuity (Reg 11(4); note to Reg 7) introduces case-by-case variability in application.","A fixed list of recognised organisations (Schedule 2) narrows applicability and will require administrative updates if the sector changes.","Repeal of the 2009 Regulations (Schedule 3) means stakeholders must map prior practice to the new text for transitional compliance."],"plain_english_summary":"**These regulations update procedural and scope rules under the Fair Work Act 1994.** They declare who counts as the employer for certain public employees, exclude some domestic part‑time/casual work, set detailed notice, language and signature requirements for enterprise‑agreement negotiations, define who is excluded from unfair dismissal protection, list recognised disability organisations, and repeal the 2009 regulations. This matters to employers, employee associations and affected employees because it fixes who must act, who pays compliance costs, what evidence must be kept, and how bargaining processes must be run."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2009 regulations (explicitly repealed in Schedule 3) under the same empowering provision. The scope remains consistent with the original intent: operational details for the Fair Work Act 1994. No significant expansion beyond the original purpose is evident."},"complexity_factors":["Multiple cross-references to the Fair Work Act 1994 (sections 4, 6, 75, 76, 77, 105A, 113, Schedule 8, Schedule 2, Schedule 2A) requiring readers to flip between instruments","Nested conditional logic in regulation 9 (unfair dismissal exclusions) with layered exceptions—casual employees excluded except where two cumulative conditions are met","Regulation 11 (continuous service) contains six subregulations with multiple 'subject to' clauses creating exceptions to exceptions (e.g., subregulation (1)(c) doesn't apply unless subregulation (2) is satisfied, which itself has two alternative pathways)","Federal-state interaction provisions in regulation 12 requiring readers to understand how Commonwealth industrial instruments are 'modified' when they operate under South Australian law","Defined term 'Act' in regulation 3, but other terms like 'SAET', 'association', 'enterprise agreement' rely on parent Act definitions not reproduced here","Schedule 1 is a template/form with embedded legislative notes referencing specific Act sections, blending procedural guidance with legal requirements"],"plain_english_summary":"These regulations set out the practical rules for how South Australia's main workplace law, the Fair Work Act 1994, operates day-to-day.\n\n**Who it affects:**\n- **Workers** in South Australia, particularly those in private sector and some public sector employment\n- **Employers**, including the Chief Executive of the Attorney-General's Department who is declared the employer of public employees\n- **Unions and employee associations** negotiating on workers' behalf\n- **Disability employment services** (organisations listed in Schedule 2)\n\n**What it does:**\n\n**Enterprise agreements (collective workplace deals):**\n- Sets out how unions must notify workers when they plan to negotiate a collective agreement, including using plain language and providing translations where needed\n- Requires employers to give written notice to workers before starting negotiations, including details of who will be covered and when talks will begin\n- Specifies who can sign these agreements on behalf of employers and workers\n\n**Who is excluded from unfair dismissal protections:**\n- Workers on probation or qualifying periods (if reasonable and set in advance)\n- Casual workers, unless they've worked regularly for 6+ months with a reasonable expectation of ongoing work\n- Workers already covered by equivalent protections in their existing contracts or awards\n\n**Special rules for workers with disabilities:**\n- Lists specific disability employment organisations that have special status\n- Prevents awards from setting wages for these workers (but allows shift premiums, overtime, and allowances)\n\n**Continuous service rules:**\n- Defines what breaks in employment don't count against workers' service time (sick leave, authorised leave, industrial action)\n- Sets notification requirements for workers taking sick leave or other absences\n- Allows employers to formally declare that certain absences break service continuity\n\n**Interaction with federal law:**\n- When federal workplace agreements apply in South Australia, this regulation changes references to federal bodies (like Fair Work Australia) to the South Australian Employment Tribunal (SAET)\n- Excludes the Municipal Officers (SA) Award 1998 from certain federal transfer arrangements\n\n**Why it matters:**\nThese regulations determine whether you can claim unfair dismissal, how your union must communicate with you about collective bargaining, and whether your time off work counts towards your length of service. They also ensure that when federal workplace laws overlap with state laws, the right state bodies handle disputes."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-general-regulations-2024","history":"/api/acts/fair-work-general-regulations-2024/history","analysis":"/api/acts/fair-work-general-regulations-2024/analysis","conflicts":"/api/acts/fair-work-general-regulations-2024/conflicts","importantCases":"/api/acts/fair-work-general-regulations-2024/important-cases","documents":"/api/acts/fair-work-general-regulations-2024/documents"}}