Fair Work Act 1994 (SA)

South Australia

Fair Work Act 1994

An Act about the relationship of employer and employee; and other matters.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Fair Work Act 1994.

1. (1)

   The objects of this Act are—

   1. (a)

      to promote goodwill in industry; and

   2. (b)

      to contribute to the economic prosperity and welfare of the people of South Australia; and

   3. (c)

      to facilitate industrial efficiency and flexibility, and improve the productiveness of South Australian industry; and

   4. (ca)

      to promote and facilitate employment; and

   5. (d)

      to encourage enterprise agreements that are relevant, flexible and appropriate; and

   6. (e)

      to provide for awards that are relevant, flexible and expressed in non-technical language; and

   7. (f)

      to provide a framework for making enterprise agreements, awards and determinations affecting industrial matters that is fair and equitable to both employers and employees;

   8. (fa)

      to establish and maintain an effective safety net of fair and enforceable conditions for the performance of work by employees (including fair wages); and

   9. (fb)

      to promote and facilitate security in employment; and

   10. (g)

       to encourage prevention and settlement of industrial disputes by amicable agreement, and to provide a means of conciliation for that purpose; and

   11. (h)

       to provide a means for settling industrial disputes that cannot be resolved by amicable agreement as expeditiously as possible and with a minimum of legal formality and technicality; and

   12. (i)

       to ensure compliance with agreements and awards made for the prevention or settlement of industrial disputes, and to ensure compliance with any obligations arising under this Act; and

   13. (j)

       to provide employees with an avenue for expressing employment-related grievances and having them considered and remedied including provisions for a right to the review of harsh, unjust or unreasonable dismissals—

       1. (i)

          directed towards giving effect to the Termination of Employment Convention; and

       2. (ii)

          ensuring industrial fair play; and

   14. (k)

       to provide for absolute freedom of association and choice of industrial representation; and

   15. (l)

       to encourage the democratic control of representative associations of employers or employees, and the full participation by members in their affairs; and

   16. (m)

       to help prevent and eliminate unlawful discrimination in the workplace; and

   17. (ma)

       to promote and facilitate gender equity; and

   18. (n)

       to ensure equal remuneration for men and women doing work of equal or comparable value; and

   19. (o)

       to facilitate the effective balancing of work and family responsibilities; and

   20. (p)

       to facilitate the establishment and operation of a national industrial relations system based on co‑operative federalism through—

       1. (i)

          the use of dual appointments to Commonwealth and State bodies; and

       2. (ii)

          the promotion and facilitation of other arrangements that assist in integrating State and federal workplace relations systems and processes.

2. (2)

   In exercising powers and carrying out functions under this Act, SAET is to have regard (where relevant) to the provisions of—

   1. (a)

      the Worst Forms of Child Labour Convention 1999 (See Schedule 9); and

   2. (b)

      the Workers with Family Responsibilities Convention 1981 (See Schedule…