Fair Work (General) Regulations 2009 (SA)

South Australia

Fair Work (General) Regulations 2009

under the Fair Work Act 1994

These regulations may be cited as the Fair Work (General) Regulations 2009.

In these regulations, unless the contrary intention appears—

Act means the Fair Work Act 1994.

For the purposes of paragraph (a) of the definition of employer in section 4(1) of the Act, the person for the time being holding or acting in the position of Chief Executive of the Attorney‑General's Department is declared to be the employer of public employees.

1. (1)

   Pursuant to section 6(b) of the Act, employment which consists of part-time or casual employment performed in or about a private residence is excluded from the ambit of the Act provided that the work is wholly or mainly performed for a domestic purpose.

2. (2)

   In this regulation work is performed for a domestic purpose if it is not performed for the purpose of the employer's trade or business.

1. (1)

   Pursuant to section 75(2)(b) of the Act, an association which proposes to enter into an enterprise agreement on behalf of a group of employees must give notice of that proposal to the group of employees in accordance with this regulation.

2. (2)

   An association acting under subregulation (1) must take reasonable steps to ensure—

   1. (a)

      that a written notice is given to each employee currently constituting the group proposed to be bound by the enterprise agreement; and

   2. (b)

      where practicable, that a written notice is displayed at the employees' workplace.

3. (3)

   A notice prepared under this regulation—

   1. (a)

      must be expressed in plain English; and

   2. (b)

      must state the full name of the association; and

   3. (c)

      must provide the name and the phone number of an officer of the association who can be contacted for further information in relation to the proposed enterprise agreement; and

   4. (d)

      must identify the group of employees who would or might be bound by the proposed enterprise agreement with enough particularity to enable an employee to determine whether or not they are or might be in the group; and

   5. (e)

      must contain a statement advising employees in the group—

      1. (i)

         that if the association is authorised by a majority of the employees constituting the group to negotiate on their behalf, the association may enter into an enterprise agreement under the Act which would bind all members of the group; and

      2. (ii)

         that any employee within the group who is a member of the association will be taken to have given an authorisation for the purposes of the Act unless the employee, by written notice to the association, withdraws the authorisation; and

   6. (f)

      must provide details of the means by which an employee within the group who is not a member of the association may give an authorisation to the association for the purposes of the Act; and

   7. (g)

      must…