SA legislation

The federal IR system applies to most Australian employers and their employees, including those in South Australia. The Fair Work Act 2009 covers employers who are 'constitutional corporations' and employers which are 'referred' under federal industrial relations coverage by state legislation.

The federal IR system applies to most Australian employers and their employees, including those in South Australia. The Fair Work Act 2009 covers employers who are ‘constitutional corporations’ (in layman’s language this means an incorporated commercial trading business) and employers which are ‘referred’ under federal industrial relations coverage by state legislation (see below).
 
All States except for Western Australia have referred their industrial relations powers relating to private industry to the Commonwealth, with the intention of  creating a national IR system.
 
National system employers include both trading corporations and non-incorporated businesses that are subject to state referral.
 
The Fair Work (Commonwealth Powers) Act 2009 (SA) commenced on 27 November 2009, with the result that employees of all private industry businesses (whether incorporated or not) in South Australia are covered by the Fair Work Act. Employees of government agencies, for example local councils and the State public service, remain covered by the relevant State employment legislation.
 
The Fair Work Act 2009 (Cth) commenced in most respects on 1 July 2009. The modern award provisions and National Employment Standards commenced on 1 January 2010.
 
Other legislation applies to South Australia employers and employees as noted below. Comments on the Equal Opportunity Act 1984 and the Long Service Leave Act 1987 are inmmediately below.
 
Equal Opportunity Act 1984

This Act is generally applicable and aims to eliminate discrimination on the grounds of sex, marital status or pregnancy, family responsibility or family status, race, religious or political conviction, and impairment, age or gender history in the areas of work, education, facilities and services. The Act also aims to eliminate sexual and racial harassment in the workplace. This legislation operates alongsde federal EEO/anti-discrimination legislation, but a remedy in any particular case may be pursued through either the state of federal system and not oncurrently.
 
See details on EEO in the A-Z under Discrimination.

Long Service Leave Act 1987

The Long Service Leave Act 1987 is generally applicable and provides that full-time, part-time and casual workers in South Australia are entitled to be paid long service leave after working for an unbroken period of 10 years with an employer.

The Act provides for 13 weeks leave after ten years of and 1.3 weeks leave in respect of each subsequent year of service.

The Act also provides that workers who have completed seven years service (but less than 10 years service) are, on termination, entitled to a payment equal 1.3 weeks leave in respect of each completed year of service.
 
The Act is the relevant legislation for most South Australian employees working under the federal Fair Work system.
 
See details on the SA long service leave legislation in the A-Z under Long Service Leave — South Australia.
 
Links to South Australian legislation
 

 

 

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