Sch 11Workers' Representatives Convention 1971

Schedule 11—Workers' Representatives Convention 1971 C135 Workers' Representatives Convention, 1971 Having 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 Noting 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 Considering that it is desirable to supplement these terms with respect to workers' representatives, and Having 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 Having determined that these proposals shall take the form of an international Convention, adopts 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: Workers' 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. 1. Such 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. 2. In 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. 3. The granting of such facilities shall not impair the efficient operation of the undertaking concerned. For the purpose of this Convention the term workers' representatives means persons who are recognised as such under national law or practice, whether they are— (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (b) elected 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. National 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. Where 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. Effect may be given to this Convention through national laws or regulations or collective agreements, or in any other manner consistent with national practice. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General. 2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director‑General. 3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered. 1. A 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. 2. Each 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. 1. The 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. 2. When 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. The 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. At 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. 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: (a) the 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; (b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This 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. Conventions: C098 Right to Organise and Collective Bargaining Convention, 1949 Legislative history Formerly Industrial and Employee Relations Act 1994 Notes • This version is comprised of the following: Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 6AA Chapter 6 Schedules • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation repealed by principal Act The Fair Work Act 1994 repealed the following: Industrial Relations Act (S.A.) Industrial Relations Advisory Council Act 1983 Legislation amended by principal Act The Fair Work Act 1994 amended the following: Courts Administration Act 1993 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Industrial and Employee Relations Act 1994 16.6.1994 8.8.1994 except Sch 1 (s 3)—1.11.1994 (Gazette 4.8.1994 p328) Public Sector Management Act 1995 4.5.1995 17.7.1995 (Gazette 13.7.1995 p54) Industrial and Employee Relations (Miscellaneous Provisions) Amendment Act 1995 17.8.1995 31.8.1995 (Gazette 24.8.1995 p498) Statutes Amendment (Courts) Act 1995 30.11.1995 21.12.1995 (Gazette 21.12.1995 p1759) Industrial and Employee Relations (Miscellaneous) Amendment Act 1996 Industrial and Employee Relations (President's powers) Amendment Act 1996 14.11.1996 14.11.1996 except s 2—8.8.1994: s 2 Industrial and Employee Relations (Transitional Arrangements) Amendment Act 1996 Industrial and Employee Relations (Registered Associations) Amendment Act 1997 Industrial and Employee Relations (Harmonisation) Amendment Act 1997 21.8.1997 4.9.1997 (Gazette 21.8.1997 p408) Industrial and Employee Relations (Disclosure of Information) Amendment Act 1998 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (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. Statutes Amendment (Honesty and Accountability in Government) Act 2003 31.7.2003 Pt 3 (ss 6 & 7)—29.4.2004 (Gazette 29.4.2004 p1173) Industrial Law Reform (Fair Work) Act 2005 31.3.2005 Pt 2 (ss 4—80) & Sch 1—16.5.2005 (Gazette 28.4.2005 p1073) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 33 (ss 121—125)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Public Sector Employment) Act 2006 14.12.2006 Pt 11 (s 45)—1.4.2007 (Gazette 29.3.2007 p930) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 34 (ss 98—102)—1.6.2007 (Gazette 26.4.2007 p1352) Training and Skills Development Act 2008 10.7.2008 Sch 2 (cll 2—9)—1.9.2008 (Gazette 24.7.2008 p3465) Statutes Amendment (National Industrial Relations System) Act 2009 26.11.2009 Pt 4 (ss 7—30) & Sch 1—1.1.2010 (Gazette 17.12.2009 p6351) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 61 (ss 125—137)—1.2.2010 (Gazette 28.1.2010 p320) Advance Care Directives Act 2013 18.4.2013 Sch 1 (cl 15)—1.7.2014 (Gazette 6.2.2014 p546) Magistrates (Miscellaneous) Amendment Act 2013 27.6.2013 Sch 1 (cl 3)—4.7.2013 (Gazette 4.7.2013 p2970) Legal Practitioners (Miscellaneous) Amendment Act 2013 3.10.2013 Sch 2 (cl 1)—1.7.2014 (Gazette 5.6.2014 p2241) Fair Work (Miscellaneous) Amendment Act 2015 26.3.2015 10.4.2015 (Gazette 9.4.2015 p1446) Statutes Amendment (Industrial Relations Consultative Council) Act 2015 5.11.2015 Pt 2 (ss 4—8)—19.11.2015 (Gazette 19.11.2015 p4976) Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 4 (ss 51—69)—1.7.2017 (Gazette 16.5.2017 p1221) Training and Skills Development (Miscellaneous) Amendment Act 2020 19.11.2020 Sch 1 (cll 3 & 4)—1.7.2021 (Gazette 24.6.2021 p2260) Fair Work (Family and Domestic Violence Leave) Amendment Act 2023 30.3.2023 1.9.2023 (Gazette 13.7.2023 p2192) Statutes Amendment (Industrial Relations Portfolio) Act 2024 29.2.2024 Pt 2 (ss 3 to 5)—28.3.2024 (Gazette 28.3.2024 p510) Work Health and Safety (Review Recommendations) Amendment Act 2024 13.6.2024 Sch 1 (cl 1)—1.9.2024 (Gazette 22.8.2024 p2871) Statutes Amendment (South Australian Employment Tribunal) Act 2024 5.9.2024 Pt 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) Fair Work (Registered Associations) Amendment Act 2024 14.11.2024 Pt 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 Fair Work (Worker Entitlements) Amendment Act 2025 30.10.2025 Pt 2 (ss 3 to 15) & Sch 1 (cll 3 & 4)—1.1.2026 (Gazette 11.12.2025 p4823) Nurse and Midwife to Patient Ratios Act 2025 5.11.2025 Sch 2 (cl 1)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Ch 1 s 1 substituted by 3/2005 s 4 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) s 3 amended by 68/1997 s 3 s 3 amended and redesignated as s 3(1) by 3/2005 s 5(1)—(5) amended by 58/2009 s 7 amended by 63/2016 s 51(1) amended by 10/2023 s 3 amended by 49/2024 s 3 s 3(2) inserted by 3/2005 s 5(5) amended by 63/2016 s 51(2) s 4 s 4(1) apprentice substituted by 3/2005 s 6(1) amended by 30/2008 Sch 2 cl 2 amended by 40/2020 Sch 1 cl 3 association amended by 58/2009 s 8(1) award amended by 63/2016 s 52(1) child inserted by 3/2005 s 6(2) civil penalty provision inserted by 43/2025 s 3(1) Commission substituted by 3/2005 s 6(3) deleted by 63/2016 s 52(2) Committee deleted by 36/2015 s 4(1) Commonwealth Act substituted by 68/1997 s 4(a) substituted by 58/2009 s 8(2) Commonwealth Commission deleted by 58/2009 s 8(3) Commonwealth (Registered Organisations) Act inserted by 58/2009 s 8(2) conduct inserted by 43/2025 s 3(2) Consultative Council inserted by 36/2015 s 4(2) contract of employment amended by 68/1997 s 4(b) Court deleted by 63/2016 s 52(3) Deputy President deleted by 63/2016 s 52(4) domestic partner inserted by 43/2006 s 98(1) Employee Ombudsman deleted by 1/2015 s 4(1) employer amended by 39/1995 Sch 5 17.7.1995 amended by 26/2024 s 4(1) enterprise agreement amended by 67/1995 s 3(a) amended by 3/2005 s 6(4) enterprise agreement matter deleted by 63/2016 s 52(5) evidentiary material deleted by 63/2016 s 52(6) examinable arrangements deleted by 63/2016 s 52(7) Fair Work Australia inserted by 58/2009 s 8(4) deleted by 2/2024 s 3 Fair Work Commission inserted by 2/2024 s 3 family inserted by 3/2005 s 6(5) amended by 43/2006 s 98(2) Full Commission deleted by 63/2016 s 52(8) Full Court deleted by 63/2016 s 52(9) (indexed) inserted by 67/1995 s 3(b) industrial authority amended by 58/2009 s 8(5) amended by 63/2016 s 52(10) industrial instrument inserted by 68/1997 s 4(c) amended by 58/2009 s 8(6) industrial matter amended by 3/2005 s 6(6)—(8) amended by 26/2024 s 4(2) Industrial Registrar or Registrar amended by 58/2009 s 8(7) deleted by 63/2016 s 52(11) inspector substituted by 63/2016 s 52(12) junior amended by 3/2005 s 6(9) organisation amended by 58/2009 s 8(8) peak entity inserted by 3/2005 s 6(10) (d) deleted by 1/2015 s 4(2) President substituted by 63/2016 s 52(13) Presidential Member deleted by 63/2016 s 52(14) public employee amended by 36/2003 s 6 amended by 84/2009 s 125 registered agent amended by 63/2016 s 52(15) Registrar inserted by 63/2016 s 52(16) rules substituted by 63/2016 s 52(17) SAET inserted by 63/2016 s 52(17) spouse inserted by 43/2006 s 98(3) taxi inserted by 68/1997 s 4(d) trainee deleted by 3/2005 s 6(11) unregistered association inserted by 49/2024 s 4 workplace inserted by 3/2005 s 6(11) workplace law inserted by 43/2025 s 3(3) s 4(2) deleted by 3/2005 s 6(12) s 4(3) amended by 3/2005 s 6(13) s 4(4) inserted by 67/1995 s 3(c) s 4(5) inserted by 3/2005 s 6(14) deleted by 63/2016 s 52(18) s 4AA inserted by 43/2025 s 4 s 4A inserted by 26/2024 s 5 s 5 s 5(1) amended by 3/2005 s 7(1)—(3) s 5(3) substituted by 3/2005 s 7(4) s 5(4) and (5) inserted by 3/2005 s 7(4) s 6 amended by 43/2006 s 99 amended by 43/2025 s 5 Ch 2 before substitution by 63/2016 Ch 2 Pt 1 s 7 s 7(1) (d) deleted by 1/2015 s 5(1) amended by 36/2015 s 5(1) s 7(4) substituted by 36/2015 s 5(2) s 7(5) amended by 1/2015 s 5(2) Ch 2 Pt 2 Ch 2 Pt 2 Div 2 s 12 amended by 3/2005 s 8(1), (2) s 15A inserted by 3/2005 s 9 Ch 2 Pt 2 Div 4 amended by 84/1995 ss 10, 11 21.12.1995 substituted by 57/1996 s 2 Ch 2 Pt 3 Ch 2 Pt 3 Div 2 deleted by 3/2005 s 10 Ch 2 Pt 3 Div 3 s 26 amended by 3/2005 s 11 amended by 30/2008 Sch 2 cl 3(1), (2) Ch 2 Pt 3 Div 4 s 29 s 29(2) amended by 84/2009 s 126 s 29(4a) and (4b) inserted by 58/2009 s 9(1) s 29(6) inserted by 58/2009 s 9(2) s 30 s 30(2) amended by 84/2009 s 127 s 32 substituted by 3/2005 s 12 s 33 s 33(5) amended by 3/2005 s 13 Ch 2 Pt 3 Div 5 s 34 s 34(2) amended by 84/2009 s 128 s 34(3) substituted by 3/2005 s 14 s 34(4) and (5) deleted by 3/2005 s 14 s 35 substituted by 3/2005 s 15 s 36 s 36(1) amended by 36/2003 s 7 amended by 84/2009 s 129 s 36(4) amended by 3/2005 s 16 s 36A inserted by 74/1996 s 2(1) 8.8.1994 Ch 2 Pt 3 Div 6 s 37 s 37(3a) inserted by 58/2009 s 10 Ch 2 Pt 3 Div 7 s 39 s 39(3) amended by 1/2015 s 6 s 39(4) substituted by 68/1997 s 5 deleted by 3/2005 s 17 s 40 s 40(1) amended by 30/2008 Sch 2 cl 4(1) s 40(2) substituted by 68/1997 s 6 deleted by 3/2005 s 18 inserted by 30/2008 Sch 2 cl 4(2) Ch 2 Pt 4 Div 3 s 44 amended by 41/2006 s 45 1.4.2007 Ch 2 Pt 4 Div 3A inserted by 3/2005 s 19 Ch 2 Pt 5 Div 2 before deletion by 36/2015 s 51 s 51(1) amended by 84/2009 s 130 s 52 s 52(5) amended by 84/2009 s 131 s 53 amended by 84/2009 s 132 Ch 2 Pt 5 Div 3 before deletion by 36/2015 s 55 s 55(3) amended by 84/2009 s 133 s 55A inserted by 84/2009 s 134 Ch 2 Pt 5 deleted by 36/2015 s 6 Ch 2 Pt 6 Div 1 before deletion by 1/2015 s 58 s 58(1) amended by 3/2005 s 20 s 58(2) amended by 84/2009 s 135 s 62 s 62(4) inserted by 3/2005 s 21 Ch 2 Pt 6 Div 1 deleted by 1/2015 s 7 Ch 2 Pt 6 Div 2 s 64 s 64(1) (a) deleted by 1/2015 s 8 s 65 s 65(1) s 65 amended and redesignated as s 65(1) by 3/2005 s 22(1) and (2) s 65(2) and (3) inserted by 3/2005 s 22(2) Ch 2 substituted by 63/2016 s 53 Ch 2 Pt 1 s 8 s 8(1) amended by 26/2024 s 6 s 9 s 9(1) amended by 43/2025 s 6(1) s 9(2) substituted by 43/2025 s 6(2) s 11 substituted by 26/2024 s 7 s 12 s 12(1) amended by 26/2024 s 8 s 13 s 13(1) amended by 26/2024 s 9 s 13A inserted by 26/2024 s 10 deleted by 43/2025 s 7 Ch 2 Pt 2 Ch 2 Pt 2 Div 1 heading inserted by 26/2024 s 11 Ch 2 Pt 2 Div 2 heading inserted by 26/2024 s 12 s 24 deleted by 26/2024 s 13 Ch 2 Pt 2 Div 2 s 18 s 18(1a) inserted by 49/2024 s 5 Ch 2 Pt 3 s 25 s 25(1) amended by 49/2024 s 6(1), (2) amended by 43/2025 s 8 s 25(1a) inserted by 49/2024 s 6(3) Ch 2 Pt 5 heading amended by 43/2025 s 9 s 32 s 32(1) amended by 49/2024 s 7 s 34 heading amended by 43/2025 s 10(1) s 34(1) amended by 43/2025 s 10(2) s 34(1a) inserted by 26/2024 s 14 s 34(3) inserted by 43/2025 s 10(3) s 35 s 35(3) inserted by 43/2025 s 11 s 36 s 36(2) substituted by 43/2025 s 12 Ch 3 Ch 3 Pt A1 inserted by 26/2024 s 15 Ch 3 Pt 1 Ch 3 Pt 1 Div 1 heading inserted by 3/2005 s 23 s 68 s 68(2) amended by 33/1999 Sch (item 30) 1.7.1999 s 68(6) inserted by 3/2005 s 24 Ch 3 Pt 1 Div 2 heading inserted by 3/2005 s 25 s 69 s 69(1) amended by 3/2005 s 26(1) s 69(3) inserted by 3/2005 s 26(2) amended by 26/2024 s 16(1) (a) deleted by 26/2024 s 16(2) s 70 s 70(1) amended by 3/2005 s 27(1) s 70(2) amended by 3/2005 s 27(2) s 70(3) substituted by 3/2005 s 27(3) amended by 26/2024 s 17 s 70(4) inserted by 3/2005 s 27(3) s 70A inserted by 3/2005 s 28 s 70A(2) s 70A(3) amended by 26/2024 s 18 s 70A(4) s 70B inserted by 10/2023 s 4 s 70B(3) amended by 26/2024 s 19 s 71 s 71(2) s 71(3) substituted by 3/2005 s 29 amended by 26/2024 s 20 s 71(4) inserted by 3/2005 s 29 Ch 3 Pt 2 s 72 s 72(2) s 72(3) substituted by 3/2005 s 30 amended by 26/2024 s 21 s 72(4) inserted by 3/2005 s 30 s 72A inserted by 3/2005 s 31 s 72A(1) amended by 26/2024 s 22 s 72A(2) and (3) s 72A(4) s 72A(6)—(8) s 72B inserted by 3/2005 s 31 s 72B(1) amended by 26/2024 s 23 s 72B(2) s 72B(3) s 72B(4) s 72B(5) s 72B(7) s 72B(8) s 75 substituted by 67/1995 s 4 s 75(1) amended by 3/2005 s 32(1) s 75(2) substituted by 3/2005 s 32(2) s 75(5) amended by 1/2015 s 9(1) s 75(6) deleted by 1/2015 s 9(2) s 75(8) deleted by 1/2015 s 9(3) s 76 s 76(1) s 76(2) amended by 3/2005 s 33(1) amended by 1/2015 s 10 s 76(3) amended by 3/2005 s 33(2) s 76(5a) inserted by 3/2005 s 33(3) amended by 12/2013 Sch 1 cl 15 s 76(6) inserted by 67/1995 s 5 amended by 3/2005 s 33(4) s 76(7) inserted by 67/1995 s 5 s 76A inserted by 3/2005 s 34 s 76A(3) and (5) s 77 s 77(1) amended by 43/2006 s 100 amended by 49/2024 s 8 s 77(2) s 78 s 79 s 79(1) amended by 67/1995 s 6(a), (b) amended by 68/1997 s 7(a)—(c) amended by 3/2005 s 35(1), (2) amended by 58/2009 s 11(1) amended by 1/2015 s 11(1) s 79(1a) inserted by 68/1997 s 7(d) s 79(1b) inserted by 68/1997 s 7(d) s 79(1c) inserted by 3/2005 s 35(3) s 79(2) s 79(2a) inserted by 44/2025 Sch 2 cl 1 s 79(3) s 79(4) s 79(5) amended by 68/1997 s 7(e) amended by 58/2009 s 11(2) amended by 26/2024 s 24(1) s 79(6) amended by 26/2024 s 24(2) s 79(7) s 79(8) deleted by 1/2015 s 11(2) s 79(9) and (10) s 79(11) inserted by 3/2005 s 35(4) s 80 s 80(2) s 80(4) amended by 1/2015 s 12 s 80(5) amended by 68/1997 Sch cl 1 s 81 s 81(4) s 81(5) s 81(6) s 81(7) s 81(8) s 81(9) s 81(10) and (11) s 82 s 82(1) amended by 63/2016 s 54(5) s 82(2) s 82(3) inserted by 3/2005 s 37 s 83 substituted by 68/1997 s 8 s 83(1) amended by 3/2005 s 38 amended by 49/2024 s 9 s 83(2) and (3) s 84 s 84(1) amended by 3/2005 s 39(1) s 84(2) s 84(3) s 84(4) substituted by 3/2005 s 39(2) s 84(5) inserted by 67/1995 s 7 substituted by 3/2005 s 39(2) s 84(6) inserted by 3/2005 s 39(2) s 85 s 85(1) and (2) s 85(3) s 86 s 88 s 88(1) amended by 68/1997 Sch cl 2 s 89 deleted by 3/2005 s 40 Ch 3 Pt 3 Ch 3 Pt 3 Div 1 s 90 s 90(1) amended by 26/2024 s 25(1) s 90(2) s 90(3) substituted by 3/2005 s 41 s 90(4) s 90(5) amended by 26/2024 s 25(2) s 90(6) amended by 26/2024 s 25(3) s 90(7) amended by 26/2024 s 25(4) note deleted by 26/2024 s 25(5) s 90A inserted by 3/2005 s 42 s 91 s 91(1) s 91 redesignated as s 91(1) by 3/2005 s 43 s 91(2) inserted by 3/2005 s 43 s 91(3) inserted by 3/2005 s 43 s 92 s 92(1) s 92(2) amended by 58/2009 s 12(1), (2) amended by 2/2024 s 4 s 98 substituted by 3/2005 s 44 Ch 3 Pt 3 Div 1A inserted by 3/2005 s 45 s 98A s 98A(1) s 98A(2) and (3) s 98A(4) and (5) Ch 3 Pt 3 Div 1B inserted by 3/2005 s 45 s 98B s 98B(1) s 98B(2) s 98B(3) Ch 3 Pt 3 Div 2 heading substituted by 67/1995 s 8 s 99 s 99(1) s 99(1a) inserted by 68/1997 s 9 s 99(2)—(5) Ch 3 Pt 3A inserted by 3/2005 s 46 s 99C s 99C(5) s 99C(6) s 99G s 99G(1) amended by 63/2016 s 55(1) s 99G(2) deleted by 63/2016 s 55(2) s 99G(3) amended by 63/2016 s 55(3) Ch 3 Pt 4 s 100 s 100(1) amended by 58/2009 s 13 amended by 2/2024 s 5 s 100(3) s 100(4) s 100(5) s 100A inserted by 26/2024 s 26 s 101 s 101(1) s 101(3) State industrial authority amended by 84/2009 s 136 Ch 3 Pt 5 Ch 3 Pt 5 Div 1 s 102 s 102(1) amended by 68/1997 Sch cl 3 amended by 3/2005 s 48(1) s 102(2) substituted by 3/2005 s 48(2) s 102(2a) and (2b) inserted by 3/2005 s 48(2) s 102(3) amended by 68/1997 Sch cl 4 amended by 3/2005 s 48(3) s 102(4) amended by 68/1997 Sch cl 5 amended by 10/1998 s 2 amended by 3/2005 s 48(4) s 102(5) amended by 68/1997 Sch cl 6 s 102(5a) inserted by 3/2005 s 48(5) s 102(7) amended by 68/1997 Sch cl 7 substituted by 3/2005 s 48(6) s 102(8) inserted by 3/2005 s 48(6) s 103 s 103(1) amended by 68/1997 Sch cl 8 s 103(2) amended by 68/1997 Sch cl 9 s 103(3) s 103(4) amended by 68/1997 Sch cl 10 s 103(5) Ch 3 Pt 5 Div 2 before deletion by 63/2016 s 104 s 104(1) amended by 3/2005 s 49(1) s 104(2) substituted by 3/2005 s 49(2) s 104(4) substituted by 3/2005 s 49(3) s 104(4a) inserted by 3/2005 s 49(3) s 104(5) amended by 3/2005 s 49(4), (5) s 104(8) amended by 68/1997 Sch cl 11 s 104A inserted by 3/2005 s 50 Ch 3 Pt 5 Div 2 deleted by 63/2016 s 56 inserted by 43/2025 s 13 Ch 3 Pt 6 amended by 67/1995 ss 9, 10 substituted by 68/1997 s 10 Ch 3 Pt 6 Div 1 s 105 adjudicating authority s 105A s 105A(1) amended by 30/2008 Sch 2 cl 5 amended by 40/2020 Sch 1 cl 4 s 105A(4) amended by 3/2005 s 51 Ch 3 Pt 6 Div 2 s 106 s 106(1) s 106(2) substituted by 3/2005 s 52(1) s 106(3) substituted by 3/2005 s 52(1) s 106(3a) inserted by 3/2005 s 52(1) s 106(4) substituted by 3/2005 s 52(2) Ch 3 Pt 6 Div 3 deleted by 3/2005 s 53 Ch 3 Pt 6 Div 4 s 108 s 108(1) s 108(2) amended by 3/2005 s 54 amended by 26/2024 s 27 s 109 s 109(1) s 109(1a) and (1b) inserted by 3/2005 s 55 amended by 63/2016 s 54(3), (5) s 109(2) s 109(3) s 109(4) Ch 3 Pt 6 Div 5 s 110 s 110(1) and (2) s 111 s 111(1) Ch 3 Pt 7 s 112 s 112(1) s 112(2) s 111(3) s 112(5) amended by 68/1997 Sch cl 12 s 112(6) amended by 68/1997 Sch cl 13 s 112(7) inserted by 3/2005 s 56 Ch 4 Ch 4 Pt 1 amended by 67/1995 s 11 substituted by 68/1997 s 11 Ch 4 Pt 2 Ch 4 Pt 2 Div 1 s 119 s 119(2) amended by 58/2009 s 14 s 120 s 120(1) amended by 26/2024 s 28 s 120(2) substituted by 49/2024 s 10 Ch 4 Pt 2 Div 2 s 122 s 122(1) amended by 58/2009 s 15 s 122(2) Ch 4 Pt 2 Div 3 s 125 s 125(3) s 125(5) amended by 58/2009 s 16 amended by 26/2024 s 29 s 127 s 127(1) amended by 26/2024 s 30(1) s 127(2) amended by 68/1997 Sch cl 14 s 127(3) amended by 26/2024 s 30(2) s 127(4) Ch 4 Pt 2 Div 4 s 128 s 128(5) amended by 68/1997 Sch cl 15 Ch 4 Pt 2 Div 6 s 130 s 130(1) amended by 26/2024 s 31 s 130(3) amended by 63/2016 s 57(2), (3) s 130(4) Ch 4 Pt 3 Div 1 s 131 before substitution by 49/2024 s 131(1) amended by 58/2009 s 17 s 131 substituted by 49/2024 s 11 s 132 s 132(1) amended by 26/2024 s 32 s 132(2) substituted by 49/2024 s 12 Ch 4 Pt 3 Div 2 s 134 amended by 26/2024 s 33 amended by 49/2024 s 13(1) (b), (c) deleted by 49/2024 s 13(2) s 135 s 135(1) amended by 26/2024 s 34 s 135(3) amended by 63/2016 s 57(2), (3) s 135(4) amended by 58/2009 s 18(1) s 135(5) amended by 58/2009 s 18(2) Ch 4 Pt 3 Div 3 s 136 s 136(1) amended by 58/2009 s 19 Ch 4 Pt 3A inserted by 49/2024 s 14 Ch 4 Pt 3B inserted by 49/2024 s 14 Ch 4 Pt 4 Ch 4 Pt 4 Div 1 s 138 s 138(3) and (4) amended by 63/2016 s 57(4) amended by 26/2024 s 35 s 138(5) amended by 63/2016 s 57(5) s 139 amended by 68/1997 Sch cl 16 Ch 4 Pt 4 Div 2 s 140 s 140(1) amended by 3/2005 s 57(1)—(3) amended by 49/2024 s 15 s 140(1a) inserted by 3/2005 s 57(4) s 140(2) amended by 3/2005 s 57(5) s 140(2a) and (2b) inserted by 3/2005 s 57(6) s 140(3) amended by 68/1997 Sch cl 17 amended by 3/2005 s 57(7), (8) s 140(4) amended by 26/2024 s 36 s 140(5) inserted by 3/2005 s 57(9) deleted by 58/2009 s 20 Ch 4 Pt 4 Div 3 s 141 s 141(3) amended by 3/2005 s 58(1) s 141(3a) inserted by 3/2005 s 58(2) s 141(5) amended by 68/1997 Sch cl 18 s 141(6) amended by 68/1997 Sch cl 19 s 141(7) amended by 58/2009 s 21 s 142 s 142(1) amended by 68/1997 Sch cl 20 Ch 4 Pt 4 Div 4 s 144 s 144A inserted by 49/2024 s 16 s 147 s 147(1) amended by 49/2024 s 17(1) s 147(2) amended by 63/2016 s 57(1), (4) amended by 49/2024 s 17(2) Ch 5 before deletion by 63/2016 Ch 5 Pt 1 Ch 5 Pt 1 Div 1 s 148 s 148(3) substituted by 67/1995 s 12 s 150 s 150(3) amended by 1/2015 s 13 Ch 5 Pt 1 Div 2 s 151 substituted by 67/1995 s 13 s 151(1) amended by 3/2005 s 59 s 151(2) amended by 30/2008 Sch 2 cl 6 s 152 s 152(2)—(5) substituted by 3/2005 s 60 s 152(6) inserted by 3/2005 s 60 s 152A inserted by 3/2005 s 61 s 152A(3) amended by 44/2013 Sch 2 cl 1 Ch 5 Pt 1 Div 3 s 153 s 153(2) amended by 17/2006 s 121 s 153(3) amended by 1/2015 s 14 Ch 5 Pt 1 Div 4 s 155 s 155(1) amended by 30/2008 Sch 2 cl 7(1) s 155(3) amended by 30/2008 Sch 2 cl 7(2) Ch 5 Pt 1 Div 4A inserted by 3/2005 s 62 s 155A substituted by 30/2008 Sch 2 cl 8 s 155B s 155B(2) amended by 26/2013 Sch 1 cl 3 4.7.2013 Ch 5 Pt 1 Div 6 s 167 s 167(3) inserted by 3/2005 s 63 amended by 58/2009 s 22 s 171 s 171(3) amended by 17/2006 s 122 s 174A inserted by 3/2005 s 64 s 175 s 175(3) inserted by 3/2005 s 65 Ch 5 Pt 1 Div 7 s 177 s 177(1) amended by 68/1997 Sch cl 21 Ch 5 Pt 1 Div 8 s 178 s 178(6) inserted by 3/2005 s 66 Ch 5 Pt 2 Div 1 s 185 s 185(1) s 185 redesignated as 185(1) by 58/2009 s 23 s 185(2) inserted by 58/2009 s 23 Ch 5 Pt 2 Div 2 s 187 s 187(1) s 187 redesignated as s 187(1) by 3/2005 s 67 s 187(2) inserted by 3/2005 s 67 s 190 s 190(3) amended by 3/2005 s 68 Ch 5 Pt 2 Div 3 s 191 s 191(1) amended by 17/2006 s 123(1) s 191(4) amended by 17/2006 s 123(2) Ch 5 Pt 3 Ch 5 Pt 3 Div 2 s 194 s 194(1) s 194 redesignated as s 194(1) by 3/2005 s 69 s 194(2) inserted by 3/2005 s 69 Ch 5 Pt 3 Div 3 s 198 s 198(2) amended by 67/1995 s 14 substituted by 68/1997 s 12 deleted by 3/2005 s 70 Ch 5 Pt 3 Div 4 s 203 s 203(1) amended by 17/2006 s 124(1) s 203(2) amended by 17/2006 s 124(2) s 203(3) amended by 17/2006 s 124(3), (4) s 207 s 207(1) amended by 35/2008 Sch 2 cl 9 s 207(2) amended by 17/2006 s 125(1) s 207(3) amended by 17/2006 s 125(2) s 207(4) amended by 17/2006 s 125(3) s 208 s 208(3) amended by 3/2005 s 71 s 210 s 210(3) inserted by 58/2009 s 24 s 213 s 213(1) substituted by 68/1997 s 13 s 213(1a) and (1b) inserted by 68/1997 s 13 Ch 5 Pt 4 s 215 s 215(3) amended by 58/2009 s 25(1) s 215(4) amended by 58/2009 s 25(2), (3) s 216 s 216(1) substituted by 58/2009 s 26(1) s 216(2) amended by 58/2009 s 26(2) s 216(3) amended by 58/2009 s 26(3) s 216(4) amended by 58/2009 s 26(4) s 216(5) amended by 58/2009 s 26(5) Ch 5 deleted by 63/2016 s 58 Ch 6AA inserted by 36/2015 s 7 s 218A s 218A(1) amended by 20/2024 Sch 1 cl 1 Ch 6 s 218 deleted by 84/2009 s 137 s 219 s 219(1) amended by 68/1997 Sch cl 22 s 219(2) amended by 10/1998 s 3 amended by 1/2015 s 15 amended by 63/2016 s 59 ss 219A—219C inserted by 63/2016 s 60 s 219D inserted by 63/2016 s 60 s 219D(3) amended by 26/2024 s 37 s 220 s 220(1) and (2) amended by 63/2016 s 61 s 221 deleted by 63/2016 s 62 s 222 deleted by 58/2009 s 27 s 223 s 223(1) amended by 68/1997 Sch cl 23 (e) deleted by 1/2015 s 16 amended by 63/2016 s 63(1) s 223(2) amended by 63/2016 s 63(2) s 224 amended by 68/1997 Sch cl 24 s 224(1) s 224 amended and redesignated as s 224(1) by 43/2025 s 14(1), (2) s 224(2) and (3) inserted by 43/2025 s 14(2) s 225 s 225(1) amended by 68/1997 Sch cl 25 s 225(3) amended by 68/1997 Sch cl 26 s 225(4) amended by 68/1997 Sch cl 27 s 225A inserted by 3/2005 s 72 s 226 amended by 68/1997 Sch cl 28 s 228 s 228(1) amended by 68/1997 Sch cl 29 s 229 s 229(1) amended by 68/1997 Sch cl 30 s 230 before deletion by 26/2024 s 230(1) amended by 63/2016 s 64 s 230 deleted by 26/2024 s 38 s 234 s 234(1) amended by 63/2016 s 65(1) s 234(2) amended by 63/2016 s 65(2) s 234(3) amended by 63/2016 s 65(3) s 235 s 235(1) substituted by 63/2016 s 66 s 235(2) amended by 3/2005 s 73 s 236A inserted by 3/2005 s 74 ss 236B and 236C inserted by 43/2025 s 15 s 237 s 237(1) substituted by 58/2009 s 28(1) s 237(1a) inserted by 58/2009 s 28(1) s 237(2) substituted by 68/1997 Sch cl 31 s 237(3) inserted by 58/2009 s 28(2) Sch 1 ss 1—3 omitted under Legislation Revision and Publication Act 2002 s 7 s 7(1) substituted by 57/1996 s 3(a) s 7(3) substituted by 57/1996 s 3(b) s 7A inserted by 67/1995 s 15 s 16 s 16(2) substituted by 86/1996 s 2 substituted by 48/1997 s 2 s 16(3) and (4) inserted by 86/1996 s 2 deleted by 48/1997 s 2 s 17 inserted by 43/2006 s 101 s 18 inserted by 58/2009 s 29 Sch 2 deleted by 3/2005 s 75 Sch 2 inserted by 58/2009 s 30 cl 2 cl 2(3) amended by 63/2016 s 67(1) cl 2(4) amended by 63/2016 s 67(1), (2) cl 3 amended by 63/2016 s 67(2) Sch 2A inserted by 58/2009 s 30 cl 1 State industrial instrument cl 3 cl 3(3) cl 3(4) amended by 63/2016 s 68(1), (2) cl 4 cl 4(2) cl 4(3) amended by 63/2016 s 68(1), (2) cl 5 amended by 63/2016 s 68(2) Sch 3 heading substituted by 3/2005 s 76 s 4 s 4(5) and (6) inserted by 3/2005 s 77(1) s 6 inserted by 3/2005 s 77(2) Sch 3A inserted by 3/2005 s 78 Sch 3B inserted by 10/2023 s 5 Sch 4 s 5 s 5(3) inserted by 3/2005 s 79 Sch 5 s 1 adoption amended by 43/2006 s 102(1) spouse deleted by 43/2006 s 102(2) s 2 s 2(1), (3) and (4) amended by 43/2006 s 102(3) s 4 amended by 43/2006 s 102(4) s 5 s 5(1) amended by 43/2006 s 102(5) Schs 9—11 inserted by 3/2005 s 80 Transitional etc provisions associated with Act or amendments Industrial and Employee Relations (Miscellaneous) Amendment Act 1996 4—Transitional provision An assignment made under the principal Act before the commencement of this Act— (a) assigning a District Court Judge to be the Senior Judge, or a Judge, of the Court; or (b) assigning a magistrate to be an industrial magistrate, continues in force, subject to the principal Act, as an assignment under the corresponding provision of the principal Act as amended by this Act. Industrial and Employee Relations (President's powers) Amendment Act 1996 3—Cancellation of appointment The 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. Industrial Law Reform (Fair Work) Act 2005, Sch 1—Transitional provisions 1—Interpretation (1) In this Schedule— principal Act means the Industrial and Employee Relations Act 1994. (2) Unless the contrary intention appears, terms used in this Schedule have meanings consistent with the meanings they have in the principal Act. 2—Enterprise Agreement Commissioners A 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). 3—Term of office of other members of Commission The 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). 4—Enterprise agreements (1) The 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). (2) The 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. 5—Awards The 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. 6—Registered agents The 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. 7—Minimum standards (1) Schedule 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). (2) The 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. (3) The 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. (4) Proceedings 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. 8—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A 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. (3) To 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— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The 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. Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007. 1—Interpretation In this Part, unless the contrary intention appears— Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth; employing authority means— (a) subject to paragraph (b)—the person who is the employing authority under a relevant Act; (b) in 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; Industrial Commission means the Industrial Relations Commission of South Australia; prescribed body means— (a) the Aboriginal Lands Trust; (b) the Adelaide Cemeteries Authority; (c) the Adelaide Festival Centre Trust; (d) the Adelaide Festival Corporation; (e) SA Ambulance Service Inc; (f) the Minister to whom the administration of the Children's Services Act 1985 is committed; (g) the Minister to whom the administration of the Education Act 1972 is committed; (h) the Electricity Supply Industry Planning Council; (i) a body constituted under the Fire and Emergency Services Act 2005; (j) the History Trust of South Australia; (k) the Institute of Medical and Veterinary Science; (l) a regional NRM board constituted under the Natural Resources Management Act 2004; (m) the Senior Secondary Assessment Board of South Australia; (n) the South Australian Country Arts Trust; (o) the South Australian Film Corporation; (p) the South Australian Health Commission; (q) an incorporated hospital under the South Australian Health Commission Act 1976; (r) an incorporated health centre under the South Australian Health Commission Act 1976; (s) the South Australian Motor Sport Board; (t) the South Australian Tourism Commission; (u) The State Opera of South Australia; (v) the State Theatre Company of South Australia; (w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed; relevant Act means— (a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act; (b) in 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; (c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act. 2—Transfer of employment (1) Subject 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). (2) The following persons will, on the commencement of this clause, be taken to be employed as follows: (a) a 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); (b) a 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; (c) a 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; (d) a 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. (3) Subject 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). (4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)— (a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and (b) will not affect— (i) existing conditions of employment or existing or accrued rights to leave; or (ii) a process commenced for variation of those conditions or rights. (5) If, 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— (a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and (b) with 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, subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6). (6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)— (a) the 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 (b) the 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 (c) the 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. 3—Superannuation (1) If 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. (2) Nothing that takes effect under subclause (1)— (a) constitutes 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 (b) terminates 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, and subclause (1) may have effect despite any other Act or law. (3) An 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). 4—Interpretative provision (1) The 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. (2) A proclamation under subclause (1) may effect a transfer of functions or powers. 5—Related matters (1) A 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. (2) A 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. (3) A 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. (4) A 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. (5) The 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). 6—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A 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. (3) To 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— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The 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. Statutes Amendment (National Industrial Relations System) Act 2009, Sch 1 1—Transitional provisions (1) A reference in any Act or statutory instrument to the Australian Industrial Relations Commission will be taken to be a reference to Fair Work Australia. (2) A 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. Fair Work (Miscellaneous) Amendment Act 2015 17—Transitional provision The person holding office as the Employee Ombudsman will cease to do so on the commencement of this section. Statutes Amendment (Industrial Relations Consultative Council) Act 2015 8—Transitional provision A member of the Industrial Relations Advisory Committee established under the Fair Work Act 1994 ceases to hold office on the commencement of this section. Statutes Amendment (South Australian Employment Tribunal) Act 2016 69—Transitional provisions (1) In this section— determination has the same meaning as in the principal Act; industrial authority means the Industrial Relations Court of South Australia or the Industrial Relations Commission of South Australia; principal Act means the Fair Work Act 1994; relevant day means the day on which this section comes into operation; Tribunal means the South Australian Employment Tribunal. (2) The Industrial Relations Court of South Australia and the Industrial Relations Commission of South Australia are dissolved by force of this subsection. (3) The 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). (4) No 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). (5) However— (a) subsections (2) and (3) do not affect appointment of a person as a member of the Tribunal before the relevant day; and (b) in 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: (i) the 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; (ii) the 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. (6) The 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. (7) A 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. (8) However, 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). (9) In 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. (10) Nothing 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. (11) A 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. (12) A 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. (13) Any 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. (14) The Tribunal may— (a) receive 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 (b) adopt any findings or determinations of an industrial authority that may be relevant to proceedings before the Tribunal; and (c) adopt 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 (d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. (15) Nothing 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. (16) A 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. Statutes Amendment (South Australian Employment Tribunal) Act 2024 39—Transitional provisions (1) Section 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. (2) Nothing 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. (3) Where a provision of this Act amends the Fair Work Act 1994 to require the South Australian Employment Tribunal to be constituted— (a) as an industrial relations commission; or (b) as the South Australian Employment Court; or (c) as a Full Bench of the South Australian Employment Tribunal, the amendment only applies in relation to proceedings commenced after the commencement of the amendment. (4) Section 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). (5) Section 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). (6) In this clause— industrial instrument has the same meaning as in the Fair Work Act 1994. Fair Work (Registered Associations) Amendment Act 2024, Sch 1 Pt 2—Transitional provision 2—Registration of associations under Chapter 4 Part 3 to continue (1) The 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. (2) Nothing in subclause (1) affects the ability of SAET to de‑register such an association. Fair Work (Worker Entitlements) Amendment Act 2025, Sch 1 Pt 2 3—Review The Minister must— (a) cause a review of the effect of this Act to be undertaken after it has been in operation for a period of 3 years; and (b) cause a report on the review to be laid before both Houses of Parliament (within 12 sitting days after the Minister receives the report). 4—Transitional provision The amendments to the Fair Work Act 1994 made by this Act only apply in relation to conduct occurring after the commencement of this Act. Historical versions Reprint No 1—17.7.1995 Reprint No 2—31.8.1995 Reprint No 3—21.12.1995 Reprint No 4—8.8.1996 Reprint No 5—14.11.1996 Reprint No 6—12.12.1996 Reprint No 7—31.7.1997 Reprint No 8—4.9.1997 Reprint No 9—2.4.1998 Reprint No 10—1.7.1999 1.4.2007 4.7.2013