There are legislated set of minimum standards that must be met by employers in any employment relationship. There are also Awards, which set out special conditions that apply for particular industries. Unions also bargain for better conditions and consequently, some workplaces are covered by Enterprise Agreements setting out conditions of employment.
An employer and employee can still agree as to any terms and conditions they might want to have in the contract of employment, but if any of those terms or conditions falls below the minimum standard set by legislation, an award or an enterprise agreement, that covers their industry, the legislation, award or agreement conditions generally prevail (with limited exceptions).
All workers in South Australia, apart from State public servants and local government employees, come under the national system (Federal law). The Fair Work Act 2009 (Cth) applies in respect of employers and workers under the national system. For State government and local government employees, the main legislation is the Public Sector Act 2009 (SA), the Local Government Act 1999 (SA) and the Fair Work Act 1994 (SA), along with other Acts particular to specific government bodies and departments.
The Fair Work Commission is the national workplace relations tribunal.
Telephone: 1300 799 675
Fair Work Ombudsman
Telephone: 13 13 94
Telephone: 1300 365 355
South Australian Employment Tribunal (SAET) and South Australian Employment Court
Telephone: (08) 8207 0999
Working Women’s Centre
Telephone: 8410 6499 ; 1800 652 697
Training and Skills Commission
The Training Advocate provides information, advice and advocacy services to trainees.
Telephone: 1800 006 488
Young Worker’s Legal Service
Telephone: 8279 2233
For work place health and safety and injuries see the handbook section on Accidents at Work.
For discrimination at work see the law handbook chapter on Discrimination.
The information about Federal industrial law on this site has been partially reproduced from information from the Australian Government Department of Employment and Workplace Relations, Copyright Commonwealth of Australia reproduced by permission.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.