South Australian Consolidated Acts

FAIR WORK ACT 1994

TABLE OF PROVISIONS

           Long Title

           Chapter 1--Preliminary

   1.      Short title
   3.      Objects of Act
   4.      Interpretation
   5.      Outworkers
   6.      Application of Act to employment

           Chapter 2--Judicial and administrative industrial authorities

   PART 1--Statutory industrial authorities

   7.      Industrial authorities

   PART 2--The Industrial Relations Court

           Division 1--Establishment of Court

   8.      Continuation of the Court
   9.      Court is court of record
   10.     Seal

           Division 2--Jurisdiction of Court

   11.     Jurisdiction to interpret awards and enterprise agreements
   12.     Jurisdiction to decide questions of law and jurisdiction
   13.     Declaratory jurisdiction
   14.     Jurisdiction to decide monetary claims
   15.     Injunctive remedies
   15A.    Other matters

           Division 3--The Court's judiciary

   16.     Composition of the Court
   17.     The Senior Judge

           Division 4--Judicial office

   18.     The Senior Judge
   19.     Other Judges of the Court
   19A.    Industrial magistrates
   20.     Classification into principal and ancillary judiciary

           Division 5--Constitution of Court

   21.     Constitution of the Court
   22.     Full Court to act by majority decision

   PART 3--The Industrial Relations Commission of South Australia

           Division 1--Establishment of the Commission

   23.     Continuation of the Commission
   24.     Seal

           Division 3--Jurisdiction of the Commission

   26.     Jurisdiction of Commission
   27.     Advisory jurisdiction of the Commission

           Division 4--Composition of the Commission

   28.     Composition of the Commission
   29.     The President
   30.     The Deputy Presidents
   31.     Eligibility for appointment
   32.     Term of office
   33.     Remuneration and conditions of office

           Division 5--The Commissioners

   34.     The Commissioners
   35.     Term of office
   36.     Remuneration and conditions of office
   36A.    President may act ex officio as Commissioner

           Division 6--Concurrent appointments

   37.     Concurrent appointments
   38.     Powers of member holding concurrent appointments

           Division 7--Constitution of Commission

   39.     Constitution of Full Commission
   40.     Constitution of Commission

   PART 4--Provisions of common application to the Court and the Commission

           Division 1--The Industrial Registrar and other officers

   41.     Industrial Registrar
   42.     Powers of Industrial Registrar and other officers

           Division 2--Disclosure of interest

   43.     Disclosure of interest by members of the Court and Commission

           Division 3--Protection for officers

   44.     Protection for officers

           Division 3A--Completion of part-heard matters

   44A.    Completion of part-heard matters

           Division 4--Annual report

   45.     Annual report

   PART 5--Industrial Relations Advisory Committee

           Division 1--The Committee and its functions

   46.     Establishment of the Committee
   47.     Functions of the Committee
   48.     Principles on which Committee is to act
   49.     Sub-committees
   50.     Annual report

           Division 2--Composition of the Committee

   51.     Membership of Committee
   52.     Terms of office
   53.     Remuneration and expenses

           Division 3--Proceedings of Committee

   54.     Meetings
   55.     Proceedings
   56.     Confidentiality

   PART 6--Administrative authorities

           Division 1--The office of the Employee Ombudsman

   57.     Constitution of the Office
   58.     Appointment and conditions of office of Employee Ombudsman
   59.     Remuneration and conditions of office
   60.     Independence of the office
   61.     Employee Ombudsman's access to Legislative Review Committee
   62.     General functions of Employee Ombudsman
   63.     Annual report

           Division 2--Inspectors

   64.     Who are inspectors
   65.     General functions of inspectors

           Chapter 3--Employment

   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
   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.     Commission's jurisdiction to act in disputes under an enterprise agreement
   83.     Duration of enterprise agreement
   84.     Power of Commission to vary or rescind an enterprise agreement
   85.     Commission may release party from obligation to comply with enterprise agreement
   86.     Limitation on Commission'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
   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

           Division 2--Powers of inspectors

   104.    Powers of inspectors
   104A.   Compliance notices

   PART 6--Unfair dismissal

           Division 1--Preliminary

   105.    Interpretation
   105A.   Application ofPART

           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 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
   145.    Saving of obligations
   146.    Sequestration orders
   147.    Exercise of powers of the Commission

           Chapter 5--The Court and the Commission--procedures and powers

   PART 1--Provisions common to the Court and the Commission

           Division 1--Conduct of proceedings

   148.    Time and place of sitting
   149.    Adjournment from time to time and from place to place
   150.    Proceedings to be in public

           Division 2--Representation

   151.    Representation
   152.    Registered agents
   152A.   Inquiries into conduct of registered agents or other representative

           Division 3--Intervention

   153.    Intervention

           Division 4--General principles about exercise of jurisdiction

   154.    General principles affecting exercise of jurisdiction
   155.    Nature of relief

           Division 4A--Conciliation conferences

   155A.   Application of Division
   155B.   Conciliation conference

           Division 5--Evidentiary powers

   156.    Power to require attendance of witnesses and production of evidentiary material
   157.    Power to compel the giving of evidence
   158.    Issue of evidentiary summonses
   159.    Inspection and confidentiality
   160.    Form in which evidence may be taken
   161.    Orders to take evidence
   162.    Witness fees
   163.    Power to dispense with evidence
   164.    Powers of entry and inspection etc

           Division 6--Miscellaneous procedural rules

   165.    Joinder of parties etc
   166.    Amendment or rectification of proceedings
   167.    Extension of time
   168.    Power to desist from hearing
   169.    Ex parte hearings
   170.    Power to refer matters for expert report
   171.    Service
   172.    Reservation of decision
   173.    Costs
   174.    Power to re-open questions
   174A.   Power to refer question for report
   175.    General power of direction and waiver

           Division 7--Contempts

   176.    Contempts of Court or Commission
   177.    Punishment of contempts

           Division 8--Rules

   178.    Rules

   PART 2--Provisions of special application to the Court

           Division 1--Monetary claims

   179.    Limitation of action
   180.    Who may make claim
   181.    Simultaneous proceedings not permitted
   182.    Joinder of additional defendant
   183.    Award to include interest
   184.    Monetary judgment
   185.    Costs
   186.    Decisions to be given expeditiously

           Division 2--Appeals to the Court

   187.    Appeals from Industrial Magistrate
   188.    Appeals to Full Court
   189.    How to begin appeal
   190.    Powers of appellate court

           Division 3--Appeal to Supreme Court

   191.    Appeal to Supreme Court

   PART 3--Provisions of special application to the Commission

           Division 1--General principles

   192.    Commission to conciliate where possible
   193.    Determinations to be consistent with object of Act

           Division 2--Beginning proceedings

   194.    Applications to the Commission
   195.    Advertisement of applications
   196.    Commission may act on application or on own initiative

           Division 3--Settlement of industrial disputes

   197.    Commission's power of mediation
   198.    Assignment of Commissioner to deal with dispute resolution
   199.    Provisions of award etc relevant to how Commission intervenes in dispute
   200.    Voluntary conferences
   201.    Compulsory conference
   202.    Reference of questions for determination by the Commission
   203.    Representation at voluntary or compulsory conference
   204.    Experience gained in settlement of dispute
   205.    Presidential conference to discuss means of preventing and resolving disputes

           Division 4--Appeals and references

   206.    Finality of decisions
   207.    Right of appeal
   208.    Procedure on appeal
   209.    Stay of operation of determination
   210.    Powers on appeal
   211.    Review on application by Minister
   212.    Reference of matters to the Full Commission
   213.    Powers of Full Commission on reference
   214.    Reference of question of law to the Court

   PART 4--Co-operative arrangements

   215.    Co-operation between industrial authorities
   216.    Reference of industrial matters to Commonwealth Commission
   217.    Commission may exercise powers vested by certain other Acts

           Chapter 6--Miscellaneous

   218.    Protection for officers etc
   219.    Confidentiality
   220.    Notice of determinations of the Commission
   221.    Industry consultative councils
   222.    Secondary boycotts
   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
   230.    Orders for payment of money
   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 3--Minimum standard for sick leave/carer's leave
           SCHEDULE 3A--Minimum standard for bereavement 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