What it does
The Fair Work Act 1994 (the Act) establishes a comprehensive state-based industrial relations framework for South Australia, operating alongside but distinct from the federal Fair Work Act 2009 (Cth) for non-national system employers. At its core, the Act regulates the employer-employee relationship by promoting "goodwill in industry" and contributing to "economic prosperity and welfare" (s 3(1)(a)–(b)), while facilitating efficiency, enterprise agreements, awards, dispute prevention, compliance, unfair dismissal remedies, freedom of association, and gender equity (s 3(1)(c)–(p)). It does so through a multi-pronged approach grounded in the objects set out in s 3, which SAET must regard when exercising powers (s 3(2), cross-referencing Schedules 9–11 on child labour, family responsibilities, and workers' representatives).
First, the Act imposes non-derogable minimum standards on contracts of employment. Division 2 of Chapter 3 Part 1 requires contracts to be construed as providing for remuneration per the minimum standard fixed by SAET's Full Bench (s 69(1)–(3)), which must fix a minimum weekly wage for adults, hourly casual rates, junior gradations, and incidental matters. Similar rules apply to sick/carer's leave (s 70 and Schedule 3), bereavement leave (s 70A and Schedule 3A), family and domestic violence leave (s 70B and Schedule 3B, inserted by later amendment but now integral), annual leave (s 71 and Schedule 4), and parental leave (s 72 and Schedule 5). These standards prevail over less favourable contract terms (s 69(1)(a)), awards, or agreements unless the latter are more beneficial overall. Section 72A allows additional paid parental leave standards, with mechanisms to exclude awards for cogent industry-specific reasons (s 72A(5)–(7)). Section 72B mandates a minimum severance standard for redundancy, applicable on application by employees or associations within 21 days of notice or termination (s 72B(5)–(8)), variable only for cogent reasons.