South Australian Current Acts

FAIR WORK ACT 1994

TABLE OF PROVISIONS

           Long Title

           Chapter 1--Preliminary

   1.      Short title
   3.      Objects of Act
   4.      Interpretation
   4A.     Meaning of employer for public employees
   5.      Outworkers
   6.      Application of Act to employment

           Chapter 2--Jurisdiction of SAET--special provisions

   PART 1--Conferral of jurisdiction, declarations and orders

   7.      Jurisdiction of SAET
   8.      Jurisdiction to interpret awards and enterprise agreements
   9.      Jurisdiction to decide monetary claims under industrial laws or instruments
   10.     Jurisdiction to hear and determine questions arising under contracts of employment
   11.     Jurisdiction to settle and resolve industrial disputes
   12.     Orders to remedy or restrain contraventions
   13.     Advisory jurisdiction
   13A.    Mandatory injunctions

   PART 2--Processes associated with industrial matters and disputes

           Division 1--Processes generally

   14.     Amendment or rectification of proceedings
   15.     Power to re-open questions
   16.     General power of waiver
   17.     Applications to SAET

           Division 2--Processes when constituted as an industrial relations commission

   18.     Advertisement of applications
   19.     Provisions of award etc relevant to how SAET intervenes in dispute
   20.     Voluntary conferences
   21.     Compulsory conference
   22.     Reference of questions for determination
   23.     Experience gained in settlement of dispute

   PART 3--Representation

   25.     Representation
   26.     Registered agents
   27.     Inquiries into conduct of registered agents or other representative

   PART 4--Concurrent appointments--other industrial authorities

   28.     Concurrent appointments
   29.     Powers of member holding concurrent appointments

   PART 5--Special provisions relating to monetary claims

   30.     Interpretation
   31.     Limitation of action
   32.     Who may make a claim
   33.     Simultaneous proceedings not permitted
   34.     Award to include interest
   35.     Monetary judgment
   36.     Costs

           Chapter 3--Employment

   PART A1--Interpretation

   65.     References to SAET

   PART 1--General conditions of employment

           Division 1--Basic contractual features

   66.     Basis of contract of employment
   67.     Accrual of wages
   68.     Form of payment to employee

           Division 2--Contracts to be construed subject to relevant minimum standards

   69.     Remuneration
   70.     Sick leave/carer's leave
   70A.    Bereavement leave
   70B.    Family and domestic violence leave
   71.     Annual leave
   72.     Parental leave
   72A.    Minimum standards--additional matters
   72B.    Special provision relating to severance payments

   PART 2--Regulation of industrial matters by enterprise agreements

   73.     Objects of this Part
   74.     Nature of enterprise agreement
   75.     Who may make enterprise agreement
   76.     Negotiation of enterprise agreement
   76A.    Best endeavours bargaining
   77.     Form and content of enterprise agreement
   78.     Enterprise agreement has no force or effect without approval
   79.     Approval of enterprise agreement
   80.     Extent to which aspects of negotiations and terms of the agreement are to be kept confidential
   81.     Effect of enterprise agreement
   82.     SAET's jurisdiction to act in disputes under an enterprise agreement
   83.     Duration of enterprise agreement
   84.     Power of SAET to vary or rescind an enterprise agreement
   85.     SAET may release party from obligation to comply with enterprise agreement
   86.     Limitation on SAET's powers
   87.     Representation
   88.     Confidentiality

   PART 3--Regulation of industrial matters by award

           Division 1--Awards generally

   90.     Power to regulate industrial matters by award
   90A.    Equity in remuneration
   91.     Who is bound by award
   92.     Retrospectivity
   93.     Form of awards
   94.     Effect of awards on contracts
   95.     Effect of multiple award provisions on remuneration
   96.     Duration of award
   97.     Effect of amendment or rescission of award
   98.     Consolidation or correction of awards

           Division 1A--Special provision relating to child labour

   98A.    Special provision relating to child labour

           Division 1B--Special provision relating to trial work

   98B.    Special provision relating to trial work

           Division 2--Review of awards

   99.     Triennial review of awards

   PART 3A--Outworkers

           Division 1--Preliminary

   99A.    Interpretation
   99B.    Responsible contractors

           Division 2--Code of practice

   99C.    Code of practice

           Division 3--Recovery of unpaid remuneration

   99D.    Outworker may initiate a claim against a responsible contractor
   99E.    Liability of apparent responsible contractor on a claim
   99F.    Liability of actual employer to which a claim is referred
   99G.    Recovery of amount of unpaid remuneration
   99H.    Ability of responsible contractor to claim contribution or to make deduction
   99I.    Offence provision
   99J.    Non-derogation

   PART 4--General principles affecting determination of working conditions

   100.    Adoption of principles affecting determination of remuneration and working conditions
   100A.   State Wage Case
   101.    State industrial authorities to apply principles

   PART 5--Enforcement of obligations arising from employment

           Division 1--Records to be kept by employers

   102.    Records to be kept
   103.    Employer to provide copy of award or enterprise agreement

   PART 6--Unfair dismissal

           Division 1--Preliminary

   105.    Interpretation
   105A.   Application of Part

           Division 2--Application for relief

   106.    Application for relief

           Division 4--Determination of application

   108.    Question to be determined at the hearing
   109.    Remedies for unfair dismissal from employment

           Division 5--Miscellaneous

   110.    Costs
   111.    Decisions to be given expeditiously

   PART 7--Exemption from employment conditions

   112.    Slow, inexperienced or infirm workers
   113.    Non-application of awards
   114.    Exemption for charitable organisations

           Chapter 4--Associations

   PART 1--Freedom of association

           Division 1--Preliminary

   115.    Prohibited reason

           Division 2--Protection of freedom of association

   116.    Freedom of association
   116A.   General offences against the principle of freedom of association
   116B.   Dismissal etc for prohibited reason
   117.    Prohibition of discrimination in supply or purchase of goods or services
   118.    Conscientious objection

   PART 2--Locally based associations

           Division 1--Application for registration

   119.    Eligibility for registration
   120.    Application for registration
   121.    Objections

           Division 2--Registration and incorporation

   122.    Registration of associations
   123.    Registration confers incorporation

           Division 3--Rules

   124.    Rules
   125.     Alteration of rules of registered association
   126.    Model rules
   127.    Orders to secure compliance with rules etc

           Division 4--Financial records

   128.    Financial records

           Division 5--Amalgamation

   129.    Amalgamation

           Division 6--De-registration

   130.    De-registration of associations

   PART 3--Federally based associations

           Division 1--Application for registration

   131.    Eligibility for registration
   132.    Application for registration
   133.    Objections

           Division 2--Registration and de-registration

   134.    Registration
   135.    De-registration

           Division 3--Federations

   136.    Federation

   PART 3A--Extension of Federal administration of CFMEU

   136A.   Interpretation
   136B.   Application by Federal administrator of CFMEU
   136C.   Effect of administration of ABCWF
   136D.   Administrator not liable in civil proceedings
   136E.   Regulations under this Part
   136F.   Cessation of administration
   136G.   Anti-avoidance

   PART 4--Provisions generally applicable to associations

           Division 1--Purpose of association

   137.    Restraint of trade
   138.    Limitations of actions in tort
   139.    Industrial services not to be provided to non-members

           Division 2--Powers of entry and inspection

   140.    Powers of officials of employee associations

           Division 3--Records

   141.    Register of members and officers of associations
   142.    Rules

           Division 4--Miscellaneous

   143.    Certificate of registration
   144.    Service
   144A.   Demarcation agreements etc
   145.    Saving of obligations
   146.    Sequestration orders
   147.    Exercise of powers of SAET

           Chapter 6AA--Industrial Relations Consultative Council

   PART 1--Establishment of Consultative Council

   218.    Establishment of Consultative Council

   PART 2--Functions and powers

   218A.   Functions and powers of Consultative Council

   PART 3--Composition of Consultative Council

   218B.   Membership of Consultative Council
   218C.   Terms and conditions of office
   218D.   Fees, allowances and expenses

   PART 4--Proceedings of Consultative Council

   218E.   Meetings
   218F.   Proceedings
   218G.   Conflict of interest under Public Sector (Honesty and Accountability) Act 1995
   218H.   Validity of acts

   PART 5--Use of staff and facilities

   218I.   Use of staff and facilities

   PART 6--Committees

   218J.   Committees

   PART 7--Related matters

   218K.   Confidentiality

           Chapter 6--Miscellaneous

   219.    Confidentiality
   219A.   Who are inspectors
   219B.   General functions of inspectors
   219C.   Powers of inspectors
   219D.   Compliance notices
   220.    Notice of determinations of SAET
   223.    Discrimination against employee for taking part in industrial proceedings etc
   224.    Non-compliance with awards and enterprise agreements
   225.    Improper pressure etc related to enterprise agreements
   225A.   Use of offensive language against a representative
   226.    False entries
   227.    Experience of apprentice etc how calculated
   228.    No premium to be demanded for apprentices or juniors
   229.    Illegal guarantees
   231.    Recovery of penalty from members of association
   232.    General defence
   233.    Order for payment against convicted person
   234.    Proof of awards etc
   235.    Proceedings for offences
   236.    Conduct by officers etc of body corporate
   236A.   Offences by body corporate
   237.    Regulations
           SCHEDULE 1--Transitional provisions
           SCHEDULE 2--Continuity of industrial arrangements--government business
           SCHEDULE 2A--Continuity of industrial arrangements--local government sector
           SCHEDULE 3--Minimum standard for sick leave/carer's leave
           SCHEDULE 3A--Minimum standard for bereavement leave
           SCHEDULE 3B--Family and domestic violence leave
           SCHEDULE 4--Minimum standard for annual leave
           SCHEDULE 5--Minimum standard for parental leave
           SCHEDULE 6--Equal Remuneration Convention
           SCHEDULE 7--Termination of Employment Convention
           SCHEDULE 8--Rules for terminating employment
           SCHEDULE 9--Worst Forms of Child Labour Convention 1999
           SCHEDULE 10--Workers with Family Responsibilities Convention 1981
           SCHEDULE 11--Workers' Representatives Convention 1971
           Legislative history