Statutes Amendment (Industrial Relations Portfolio) Act 2024 (SA)

South Australia

Statutes Amendment (Industrial Relations Portfolio) Act 2024

An Act to amend the Fair Work Act 1994, the Public Holidays Act 2023 and the Work Health and Safety Act 2012.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Industrial Relations Portfolio) Act 2024.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

Part 2Amendment of Fair Work Act 19943Amendment of section 4 – Interpretation

Section 4(1), definition of Fair Work Australia—delete the definition and substitute:

Fair Work Commission means the Fair Work Commission established under the Commonwealth Act (or an industrial authority that takes the place of the Fair Work Commission under Commonwealth law);

4Amendment of section 92 – Retrospectivity

Section 92(2)(c)—delete "Fair Work Australia" and substitute:

the Fair Work Commission

5Amendment of section 100 – Adoption of principles affecting determination of remuneration and working conditions

Section 100(1)—delete "Fair Work Australia" and substitute:

the Fair Work Commission

Part 3Amendment of Public Holidays Act 2023

6Amendment of section 3 – Days fixed as public holidays

1. (1)

   Section 3(1)(a)—after "1 January" insert:

   (New Year's Day)

2. (2)

   Section 3(1)(b)—after "26 January" insert:

   (Australia Day)

3. (3)

   Section 3(1)(c)—after "March" insert:

   (Adelaide Cup Day)

4. (4)

   Section 3(1)(d) to (g)—delete paragraphs (d) to (g) (inclusive) and substitute:

   1. (d)

      the Friday publicly observed as Good Friday (Good Friday);

   2. (e)

      the day after Good Friday (Easter Saturday);

   3. (f)

      the Sunday following Good Friday (Easter Sunday);

   4. (g)

      the Monday following Good Friday (Easter Monday);

5. (5)

   Section 3(1)(h)—after "25 April" insert:

   (ANZAC Day)

6. (6)

   Section 3(1)(i)—after "June" insert:

   (the Sovereign's Birthday)

7. (7)

   Section 3(1)(j)—after "October" insert:

   (Labour Day)

8. (8)

   Section 3(1)(k)—after "25 December" insert:

   (Christmas Day)

9. (9)

   Section 3(1)(l)—after "26 December" insert:

   (Proclamation Day holiday)

10. (10)

    Section 3(2)—delete "25 December or 1 January" and substitute:

    Christmas Day or New Year's Day

11. (11)

    Section 3(3)—delete "26 December" and substitute:

    Proclamation Day holiday

12. (12)

    Section 3(4)—delete "26 January" and substitute:

    Australia Day

7Amendment of section 4 – Part‑day public holidays

1. (1)

   Section 4(a)—after "24 December" insert:

   (Christmas Eve)

2. (2)

   Section 4(b)—after "31 December" insert:

   (New Year's Eve)

Part 4Amendment of Work Health and Safety Act 2012

8Amendment of section 117 – Entry to inquire into suspected contraventions

Section 117—delete "Executive Director" wherever occurring and substitute in each case:

regulator

9Amendment of section 277 – Reviews

Section 277(2)—delete "Executive Director" and substitute:

regulator