Fair Work Act 1994 (SA)

South Australia Fair Work Act 1994 An Act about the relationship of employer and employee; and other matters.

Contents Chapter 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation 4A Meaning of employer for public employees 5 Outworkers 6 Application of Act to employment Chapter 2—Jurisdiction of SAET—special provisions Part 1—Conferral of jurisdiction, declarations and orders 7 Jurisdiction of SAET 8 Jurisdiction to interpret awards and enterprise agreements 9 Jurisdiction to decide monetary claims under industrial laws or instruments 10 Jurisdiction to hear and determine questions arising under contracts of employment 11 Jurisdiction to settle and resolve industrial disputes 12 Orders to remedy or restrain contraventions 13 Advisory jurisdiction 13A Mandatory injunctions Part 2—Processes associated with industrial matters and disputes Division 1—Processes generally 14 Amendment or rectification of proceedings 15 Power to re-open questions 16 General power of waiver 17 Applications to SAET Division 2—Processes when constituted as an industrial relations commission 18 Advertisement of applications 19 Provisions of award etc relevant to how SAET intervenes in dispute 20 Voluntary conferences 21 Compulsory conference 22 Reference of questions for determination 23 Experience gained in settlement of dispute Part 3—Representation 25 Representation 26 Registered agents 27 Inquiries into conduct of registered agents or other representative Part 4—Concurrent appointments—other industrial authorities 28 Concurrent appointments 29 Powers of member holding concurrent appointments Part 5—Special provisions relating to monetary claims 30 Interpretation 31 Limitation of action 32 Who may make a claim 33 Simultaneous proceedings not permitted 34 Award to include interest 35 Monetary judgment 36 Costs Chapter 3—Employment Part A1—Interpretation 65 References to SAET Part 1—General conditions of employment Division 1—Basic contractual features 66 Basis of contract of employment 67 Accrual of wages 68 Form of payment to employee Division 2—Contracts to be construed subject to relevant minimum standards 69 Remuneration 70 Sick leave/carer's leave 70A Bereavement leave 70B Family and domestic violence leave 71 Annual leave 72 Parental leave 72A Minimum standards—additional matters 72B Special provision relating to severance payments Part 2—Regulation of industrial matters by enterprise agreements 73 Objects of this Part 74 Nature of enterprise agreement 75 Who may make enterprise agreement 76 Negotiation of enterprise agreement 76A Best endeavours bargaining 77 Form and content of enterprise agreement 78 Enterprise agreement has no force or effect without approval 79 Approval of enterprise agreement 80 Extent to which aspects of negotiations and terms of the agreement are to be kept confidential 81 Effect of enterprise agreement 82 SAET's jurisdiction to act in disputes under an enterprise agreement 83 Duration of enterprise agreement 84 Power of SAET to vary or rescind an enterprise agreement 85 SAET may release party from obligation to comply with enterprise agreement 86 Limitation on SAET's powers 87 Representation 88 Confidentiality Part 3—Regulation of industrial matters by award Division 1—Awards generally 90 Power to regulate industrial matters by award 90A Equity in remuneration 91 Who is bound by award 92 Retrospectivity 93 Form of awards 94 Effect of awards on contracts 95 Effect of multiple award provisions on remuneration 96 Duration of award 97 Effect of amendment or rescission of award 98 Consolidation or correction of awards Division 1A—Special provision relating to child labour 98A Special provision relating to child labour Division 1B—Special provision relating to trial work 98B Special provision relating to trial work Division 2—Review of awards 99 Triennial review of awards Part 3A—Outworkers Division 1—Preliminary 99A Interpretation 99B Responsible contractors Division 2—Code of practice 99C Code of practice Division 3—Recovery of unpaid remuneration 99D Outworker may initiate a claim against a responsible contractor 99E Liability of apparent responsible contractor on a claim 99F Liability of actual employer to which a claim is referred 99G Recovery of amount of unpaid remuneration 99H Ability of responsible contractor to claim contribution or to make deduction 99I Offence provision 99J Non-derogation Part 4—General principles affecting determination of working conditions 100 Adoption of principles affecting determination of remuneration and working conditions 100A State Wage Case 101 State industrial authorities to apply principles Part 5—Enforcement of obligations arising from employment Division 1—Records to be kept by employers 102 Records to be kept 103 Employer to provide copy of award or enterprise agreement Part 6—Unfair dismissal Division 1—Preliminary 105 Interpretation 105A Application of Part Division 2—Application for relief 106 Application for relief Division 4—Determination of application 108 Question to be determined at the hearing 109 Remedies for unfair dismissal from employment Division 5—Miscellaneous 110 Costs 111 Decisions to be given expeditiously Part 7—Exemption from employment conditions 112 Slow, inexperienced or infirm workers 113 Non-application of awards 114 Exemption for charitable organisations Chapter 4—Associations Part 1—Freedom of association Division 1—Preliminary 115 Prohibited reason Division 2—Protection of freedom of association 116 Freedom of association 116A General offences against the principle of freedom of association 116B Dismissal etc for prohibited reason 117 Prohibition of discrimination in supply or purchase of goods or services 118 Conscientious objection Part 2—Locally based associations Division 1—Application for registration 119 Eligibility for registration 120 Application for registration 121 Objections Division 2—Registration and incorporation 122 Registration of associations 123 Registration confers incorporation Division 3—Rules 124 Rules 125 Alteration of rules of registered association 126 Model rules 127 Orders to secure compliance with rules etc Division 4—Financial records 128 Financial records Division 5—Amalgamation 129 Amalgamation Division 6—De-registration 130 De-registration of associations Part 3—Federally based associations Division 1—Application for registration 131 Eligibility for registration 132 Application for registration 133 Objections Division 2—Registration and de-registration 134 Registration 135 De-registration Division 3—Federations 136 Federation Part 3A—Extension of Federal administration of CFMEU 136A Interpretation 136B Application by Federal administrator of CFMEU 136C Effect of administration of ABCWF 136D Administrator not liable in civil proceedings 136E Regulations under this Part 136F Cessation of administration 136G Anti-avoidance Part 4—Provisions generally applicable to associations Division 1—Purpose of association 137 Restraint of trade 138 Limitations of actions in tort 139 Industrial services not to be provided to non-members Division 2—Powers of entry and inspection 140 Powers of officials of employee associations Division 3—Records 141 Register of members and officers of associations 142 Rules Division 4—Miscellaneous 143 Certificate of registration 144 Service 144A Demarcation agreements etc 145 Saving of obligations 146 Sequestration orders 147 Exercise of powers of SAET Chapter 6AA—Industrial Relations Consultative Council Part 1—Establishment of Consultative Council 218 Establishment of Consultative Council Part 2—Functions and powers 218A Functions and powers of Consultative Council Part 3—Composition of Consultative Council 218B Membership of Consultative Council 218C Terms and conditions of office 218D Fees, allowances and expenses Part 4—Proceedings of Consultative Council 218E Meetings 218F Proceedings 218G Conflict of interest under Public Sector (Honesty and Accountability) Act 1995 218H Validity of acts Part 5—Use of staff and facilities 218I Use of staff and facilities Part 6—Committees 218J Committees Part 7—Related matters 218K Confidentiality Chapter 6—Miscellaneous 219 Confidentiality 219A Who are inspectors 219B General functions of inspectors 219C Powers of inspectors 219D Compliance notices 220 Notice of determinations of SAET 223 Discrimination against employee for taking part in industrial proceedings etc 224 Non-compliance with awards and enterprise agreements 225 Improper pressure etc related to enterprise agreements 225A Use of offensive language against a representative 226 False entries 227 Experience of apprentice etc how calculated 228 No premium to be demanded for apprentices or juniors 229 Illegal guarantees 231 Recovery of penalty from members of association 232 General defence 233 Order for payment against convicted person 234 Proof of awards etc 235 Proceedings for offences 236 Conduct by officers etc of body corporate 236A Offences by body corporate 237 Regulations Schedule 1—Transitional provisions 4 Definitions 5 References to former Court or Commission 6 Awards and other determinations of the former Commission 7 Industrial agreements 7A References to industrial agreements 8 Continuation of part-heard proceedings etc 9 Certificates and licences 10 The President of the former Court 11 Deputy Presidents of the Court 12 Industrial magistrates 13 Other officers of former Court and Commission 14 Inspectors 15 Members of Industrial Relations Advisory Council 16 Registered associations 17 Enterprise agreements and spouses and domestic partners 18 National industrial relations system Schedule 2—Continuity of industrial arrangements—government business enterprises 1 Preliminary 2 Operation of federal industrial instruments 3 Ability to carry over matters Schedule 2A—Continuity of industrial arrangements—local government sector 1 Preliminary 2 State industrial instruments 3 Federal industrial instruments—immediate changeover 4 Federal enterprise agreements—later changeover 5 Ability to carry over matters Schedule 3—Minimum standard for sick leave/carer's leave 1 Definitions 2 Application of standard 3 Accrual of sick leave entitlement 4 Taking sick leave 5 Sick leave to be on full pay 6 Carer's leave Schedule 3A—Minimum standard for bereavement leave 1 Bereavement leave Schedule 3B—Family and domestic violence leave 1 Definitions 2 Entitlement to family and domestic violence leave 3 Taking family and domestic violence leave 4 Family and domestic violence leave to be at full rate of pay 5 Confidentiality Schedule 4—Minimum standard for annual leave 1 Definitions 2 Application of standard 3 Accrual of annual leave entitlement 4 Taking annual leave 5 Annual leave to be on full pay Schedule 5—Minimum standard for parental leave 1 Definitions 2 Entitlement to parental leave 3 Maternity leave to start 6 weeks before birth 4 Medical certificate 5 Notice of spouse's parental leave 6 Starting and finishing dates of parental leave 7 Return to work after parental leave 8 Effect of parental leave on employment rights 9 Part-time employment in lieu of parental leave Schedule 6—Equal Remuneration Convention Schedule 7—Termination of Employment Convention Schedule 8—Rules for terminating employment 1 Employee to be given notice of termination 2 Employee to have opportunity to respond to allegations 3 Employer to comply with obligations imposed by regulation Schedule 9—Worst Forms of Child Labour Convention 1999 Schedule 10—Workers with Family Responsibilities Convention 1981 Schedule 11—Workers' Representatives Convention 1971 Legislative history