South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 1994 - SECT 100A

100A—State Wage Case

        (1)         A Full Bench of SAET must conduct an annual review of—

            (a)         the minimum standard of remuneration under section 69; and

            (b)         minimum wage rates in awards; and

            (c)         minimum work-related allowances and loadings in awards.

        (2)         The review must commence within 3 months of the conclusion of the Annual Wage Review conducted by the Fair Work Commission.

        (3)         Subject to subsection (5), in conducting the review, SAET may make a declaration under section 100(1) adopting the outcomes of the Annual Wage Review without receiving evidence or submissions, or conducting a hearing, if there is no objection from an interested party.

        (4)         If SAET proposes to act in accordance with the above, SAET must—

            (a)         take reasonable steps to ensure that all persons who are likely to have an interest in the review are given a reasonable opportunity to appear and be heard before SAET; and

            (b)         at least 21 days before making the declaration, publish a notice in a manner prescribed by the rules

                  (i)         setting out the terms of the proposed declaration; and

                  (ii)         advising that, in the absence of any objection from an interested party, SAET will make the declaration on its own initiative.

        (5)         If there is an objection from an interested party, SAET must conduct the review by considering the matter de novo.

        (6)         In this section—

"interested party" means—

            (a)         the Minister; or

            (b)         an employer or group of employers; or

            (c)         a registered employee association; or

            (d)         the United Trades and Labor Council (trading as SA Unions).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback