South Australian Consolidated Acts South Australian Consolidated ActsFormerly
Industrial and Employee Relations Act 1994
Notes
• This version is comprised of the following:
|
Chapter 1 |
1.9.2008 |
|
Chapter 2 |
1.9.2008 |
|
Chapter 3 |
1.9.2008 |
|
Chapter 4 |
16.5.2005 |
|
Chapter 5 |
1.9.2008 |
|
Chapter 6 |
16.5.2005 |
|
Schedules |
1.6.2007 |
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Fair Work Act 1994 repealed the following:
Industrial Relations Act (S.A.)
Industrial Relations Advisory Council Act 1983
Legislation amended by principal Act
The Fair Work Act 1994 amended the following:
Courts Administration Act 1993
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1994 |
52 |
Industrial and Employee Relations Act 1994 |
16.6.1994 |
8.8.1994 except Sch 1 (s 3)—1.11.1994 (Gazette 4.8.1994
p328) |
|
1995 |
39 |
4.5.1995 |
17.7.1995 (Gazette 13.7.1995 p54) |
|
|
1995 |
67 |
Industrial and Employee Relations (Miscellaneous Provisions) Amendment
Act 1995 |
17.8.1995 |
31.8.1995 (Gazette 24.8.1995 p498) |
|
1995 |
84 |
Statutes Amendment (Courts) Act 1995 |
30.11.1995 |
21.12.1995 (Gazette 21.12.1995 p1759) |
|
1996 |
57 |
Industrial and Employee Relations (Miscellaneous) Amendment
Act 1996 |
8.8.1996 |
8.8.1996 |
|
1996 |
74 |
Industrial and Employee Relations (President's powers) Amendment
Act 1996 |
14.11.1996 |
14.11.1996 except s 2—8.8.1994: s 2 |
|
1996 |
86 |
Industrial and Employee Relations (Transitional Arrangements) Amendment
Act 1996 |
12.12.1996 |
12.12.1996 |
|
1997 |
48 |
Industrial and Employee Relations (Registered Associations) Amendment
Act 1997 |
31.7.1997 |
31.7.1997 |
|
1997 |
68 |
Industrial and Employee Relations (Harmonisation) Amendment
Act 1997 |
21.8.1997 |
4.9.1997 (Gazette 21.8.1997 p408) |
|
1998 |
10 |
Industrial and Employee Relations (Disclosure of Information) Amendment
Act 1998 |
2.4.1998 |
2.4.1998 |
|
1999 |
33 |
17.6.1999 |
Sch (item 30)—1.7.1999 being the date specified under
s 3(16) of the Financial Sector Reform (Amendments and Transitional
Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for
the purposes of that Act. |
|
|
2003 |
36 |
Statutes Amendment (Honesty and Accountability in Government) Act
2003 |
31.7.2003 |
Pt 3 (ss 6 & 7)—29.4.2004 (Gazette
29.4.2004 p1173) |
|
2005 |
3 |
Industrial Law Reform (Fair Work) Act 2005 |
31.3.2005 |
Pt 2 (ss 4—80) & Sch 1—16.5.2005
(Gazette 28.4.2005 p1073) |
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act 2006 |
6.7.2006 |
Pt 33 (ss 121—125)—4.9.2006 (Gazette 17.8.2006
p2831) |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 11 (s 45)—1.4.2007 (Gazette 29.3.2007 p930) |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 34 (ss 98—102)—1.6.2007 (Gazette 26.4.2007
p1352) |
|
2008 |
30 |
10.7.2008 |
Sch 2 (cll 2—9)—1.9.2008 (Gazette 24.7.2008
p3465) |
|
|
2009 |
58 |
Statutes Amendment (National Industrial Relations System) Act
2009 |
26.11.2009 |
Pt 4 (ss 7—30)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Ch 1 |
|
|
|
s 1 |
substituted by 3/2005 s 4 |
16.5.2005 |
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
29.4.2004 |
|
s 3 |
|
|
|
s 3(1) |
s 3 amended by 68/1997 s 3 |
4.9.1997 |
|
|
s 3 amended and redesignated as s 3(1) by 3/2005
s 5(1)—(5) |
16.5.2005 |
|
s 3(2) |
inserted by 3/2005 s 5(5) |
16.5.2005 |
|
s 4 |
|
|
|
s 4(1) |
|
|
|
substituted by 3/2005 s 6(1) |
16.5.2005 |
|
|
|
amended by 30/2008 Sch 2 cl 2 |
1.9.2008 |
|
inserted by 3/2005 s 6(2) |
16.5.2005 |
|
|
substituted by 3/2005 s 6(3) |
16.5.2005 |
|
|
Commonwealth Act |
substituted by 68/1997 s 4(a) |
4.9.1997 |
|
amended by 68/1997 s 4(b) |
4.9.1997 |
|
|
inserted by 43/2006 s 98(1) |
1.6.2007 |
|
|
amended by 39/1995 Sch 5 |
17.7.1995 |
|
|
amended by 67/1995 s 3(a) |
31.8.1995 |
|
|
|
amended by 3/2005 s 6(4) |
16.5.2005 |
|
inserted by 3/2005 s 6(5) |
16.5.2005 |
|
|
|
amended by 43/2006 s 98(2) |
1.6.2007 |
|
(indexed) |
inserted by 67/1995 s 3(b) |
31.8.1995 |
|
inserted by 68/1997 s 4(c) |
4.9.1997 |
|
|
amended by 3/2005 s 6(6)—(8) |
16.5.2005 |
|
|
amended by 3/2005 s 6(9) |
16.5.2005 |
|
|
inserted by 3/2005 s 6(10) |
16.5.2005 |
|
|
amended by 36/2003 s 6 |
29.4.2004 |
|
|
inserted by 43/2006 s 98(3) |
1.6.2007 |
|
|
inserted by 68/1997 s 4(d) |
4.9.1997 |
|
|
trainee |
deleted by 3/2005 s 6(11) |
16.5.2005 |
|
inserted by 3/2005 s 6(11) |
16.5.2005 |
|
|
s 4(2) |
deleted by 3/2005 s 6(12) |
16.5.2005 |
|
s 4(3) |
amended by 3/2005 s 6(13) |
16.5.2005 |
|
s 4(4) |
inserted by 67/1995 s 3(c) |
31.8.1995 |
|
s 4(5) |
inserted by 3/2005 s 6(14) |
16.5.2005 |
|
s 5 |
|
|
|
s 5(1) |
amended by 3/2005 s 7(1)—(3) |
16.5.2005 |
|
s 5(3) |
substituted by 3/2005 s 7(4) |
16.5.2005 |
|
s 5(4) and (5) |
inserted by 3/2005 s 7(4) |
16.5.2005 |
|
s 6 |
amended by 43/2006 s 99 |
1.6.2007 |
|
Ch 2 |
|
|
|
Ch 2 Pt 2 |
|
|
|
Ch 2 Pt 2 Div 2 |
|
|
|
s 12 |
amended by 3/2005 s 8(1), (2) |
16.5.2005 |
|
s 15A |
inserted by 3/2005 s 9 |
16.5.2005 |
|
Ch 2 Pt 2 Div 4 |
amended by 84/1995 ss 10, 11 |
21.12.1995 |
|
|
substituted by 57/1996 s 2 |
8.8.1996 |
|
Ch 2 Pt 3 |
|
|
|
Ch 2 Pt 3 Div 2 |
deleted by 3/2005 s 10 |
16.5.2005 |
|
Ch 2 Pt 3 Div 3 |
|
|
|
s 26 |
amended by 3/2005 s 11 |
16.5.2005 |
|
|
amended by 30/2008 Sch 2 cl 3(1), (2) |
1.9.2008 |
|
Ch 2 Pt 3 Div 4 |
|
|
|
s 32 |
substituted by 3/2005 s 12 |
16.5.2005 |
|
s 33 |
|
|
|
s 33(5) |
amended by 3/2005 s 13 |
16.5.2005 |
|
Ch 2 Pt 3 Div 5 |
|
|
|
s 34 |
|
|
|
s 34(3) |
substituted by 3/2005 s 14 |
16.5.2005 |
|
s 34(4) and (5) |
deleted by 3/2005 s 14 |
16.5.2005 |
|
s 35 |
substituted by 3/2005 s 15 |
16.5.2005 |
|
s 36 |
|
|
|
s 36(1) |
amended by 36/2003 s 7 |
29.4.2004 |
|
s 36(4) |
amended by 3/2005 s 16 |
16.5.2005 |
|
s 36A |
inserted by 74/1996 s 2(1) |
8.8.1994 |
|
Ch 2 Pt 3 Div 7 |
|
|
|
s 39 |
|
|
|
s 39(4) |
substituted by 68/1997 s 5 |
4.9.1997 |
|
|
deleted by 3/2005 s 17 |
16.5.2005 |
|
s 40 |
|
|
|
s 40(1) |
amended by 30/2008 Sch 2 cl 4(1) |
1.9.2008 |
|
s 40(2) |
substituted by 68/1997 s 6 |
4.9.1997 |
|
|
deleted by 3/2005 s 18 |
16.5.2005 |
|
|
inserted by 30/2008 Sch 2 cl 4(2) |
1.9.2008 |
|
Ch 2 Pt 4 Div 3 |
|
|
|
s 44 |
amended by 41/2006 s 45 |
1.4.2007 |
|
Ch 2 Pt 4 Div 3A |
inserted by 3/2005 s 19 |
16.5.2005 |
|
Ch 2 Pt 6 Div 1 |
|
|
|
s 58 |
|
|
|
s 58(1) |
amended by 3/2005 s 20 |
16.5.2005 |
|
s 62 |
|
|
|
s 62(4) |
inserted by 3/2005 s 21 |
16.5.2005 |
|
Ch 2 Pt 6 Div 2 |
|
|
|
s 65 |
|
|
|
s 65(1) |
s 65 amended and redesignated as s 65(1) by 3/2005 s 22(1)
and (2) |
16.5.2005 |
|
s 65(2) and (3) |
inserted by 3/2005 s 22(2) |
16.5.2005 |
|
Ch 3 |
|
|
|
Ch 3 Pt 1 |
|
|
|
Ch 3 Pt 1 Div 1 |
heading inserted by 3/2005 s 23 |
16.5.2005 |
|
s 68 |
|
|
|
s 68(2) |
amended by 33/1999 Sch (item 30) |
1.7.1999 |
|
s 68(6) |
inserted by 3/2005 s 24 |
16.5.2005 |
|
Ch 3 Pt 1 Div 2 |
heading inserted by 3/2005 s 25 |
16.5.2005 |
|
s 69 |
|
|
|
s 69(1) |
amended by 3/2005 s 26(1) |
16.5.2005 |
|
s 69(3) |
inserted by 3/2005 s 26(2) |
16.5.2005 |
|
s 70 |
|
|
|
s 70(1) |
amended by 3/2005 s 27(1) |
16.5.2005 |
|
s 70(2) |
amended by 3/2005 s 27(2) |
16.5.2005 |
|
s 70(3) |
substituted by 3/2005 s 27(3) |
16.5.2005 |
|
s 70(4) |
inserted by 3/2005 s 27(3) |
16.5.2005 |
|
s 70A |
inserted by 3/2005 s 28 |
16.5.2005 |
|
s 71 |
|
|
|
s 71(3) |
substituted by 3/2005 s 29 |
16.5.2005 |
|
s 71(4) |
inserted by 3/2005 s 29 |
16.5.2005 |
|
Ch 3 Pt 2 |
|
|
|
s 72 |
|
|
|
s 72(3) |
substituted by 3/2005 s 30 |
16.5.2005 |
|
s 72(4) |
inserted by 3/2005 s 30 |
16.5.2005 |
|
ss 72A and 72B |
inserted by 3/2005 s 31 |
16.5.2005 |
|
s 75 |
substituted by 67/1995 s 4 |
31.8.1995 |
|
s 75(1) |
amended by 3/2005 s 32(1) |
16.5.2005 |
|
s 75(2) |
substituted by 3/2005 s 32(2) |
16.5.2005 |
|
s 76 |
|
|
|
s 76(2) |
amended by 3/2005 s 33(1) |
16.5.2005 |
|
s 76(3) |
amended by 3/2005 s 33(2) |
16.5.2005 |
|
s 76(5a) |
inserted by 3/2005 s 33(3) |
16.5.2005 |
|
s 76(6) |
inserted by 67/1995 s 5 |
31.8.1995 |
|
|
amended by 3/2005 s 33(4) |
16.5.2005 |
|
s 76(7) |
inserted by 67/1995 s 5 |
31.8.1995 |
|
s 76A |
inserted by 3/2005 s 34 |
16.5.2005 |
|
s 77 |
|
|
|
s 77(1) |
amended by 43/2006 s 100 |
1.6.2007 |
|
s 79 |
|
|
|
s 79(1) |
amended by 67/1995 s 6(a), (b) |
31.8.1995 |
|
|
amended by 68/1997 s 7(a)—(c) |
4.9.1997 |
|
|
amended by 3/2005 s 35(1), (2) |
16.5.2005 |
|
s 79(1a) and (1b) |
inserted by 68/1997 s 7(d) |
4.9.1997 |
|
s 79(1c) |
inserted by 3/2005 s 35(3) |
16.5.2005 |
|
s 79(5) |
amended by 68/1997 s 7(e) |
4.9.1997 |
|
s 79(7)—(10) |
inserted by 67/1995 s 6(c) |
31.8.1995 |
|
s 79(11) |
inserted by 3/2005 s 35(4) |
16.5.2005 |
|
s 80 |
|
|
|
s 80(5) |
amended by 68/1997 Sch cl 1 |
4.9.1997 |
|
s 81 |
|
|
|
s 81(4)—(11) |
inserted by 3/2005 s 36 |
16.5.2005 |
|
s 82 |
|
|
|
s 82(3) |
inserted by 3/2005 s 37 |
16.5.2005 |
|
s 83 |
substituted by 68/1997 s 8 |
4.9.1997 |
|
s 83(1) |
amended by 3/2005 s 38 |
16.5.2005 |
|
s 84 |
|
|
|
s 84(1) |
amended by 3/2005 s 39(1) |
16.5.2005 |
|
s 84(4) |
substituted by 3/2005 s 39(2) |
16.5.2005 |
|
s 84(5) |
inserted by 67/1995 s 7 |
31.8.1995 |
|
|
substituted by 3/2005 s 39(2) |
16.5.2005 |
|
s 84(6) |
inserted by 3/2005 s 39(2) |
16.5.2005 |
|
s 88 |
|
|
|
s 88(1) |
amended by 68/1997 Sch cl 2 |
4.9.1997 |
|
s 89 |
deleted by 3/2005 s 40 |
16.5.2005 |
|
Ch 3 Pt 3 |
|
|
|
Ch 3 Pt 3 Div 1 |
|
|
|
s 90 |
|
|
|
s 90(3) |
substituted by 3/2005 s 41 |
16.5.2005 |
|
s 90A |
inserted by 3/2005 s 42 |
16.5.2005 |
|
s 91 |
|
|
|
s 91(1) |
s 91 redesignated as s 91(1) by 3/2005 s 43 |
16.5.2005 |
|
s 91(2) and (3) |
inserted by 3/2005 s 43 |
16.5.2005 |
|
s 98 |
substituted by 3/2005 s 44 |
16.5.2005 |
|
Ch 3 Pt 3 Div 1A |
inserted by 3/2005 s 45 |
16.5.2005 |
|
Ch 3 Pt 3 Div 2 |
heading substituted by 67/1995 s 8 |
31.8.1995 |
|
s 99 |
|
|
|
s 99(1a) |
inserted by 68/1997 s 9 |
4.9.1997 |
|
Ch 3 Pt 3A |
inserted by 3/2005 s 46 |
16.5.2005 |
|
Ch 3 Pt 4 |
|
|
|
s 100 |
|
|
|
s 100(3)—(5) |
inserted by 3/2005 s 47 |
16.5.2005 |
|
Ch 3 Pt 5 |
|
|
|
Ch 3 Pt 5 Div 1 |
|
|
|
s 102 |
|
|
|
s 102(1) |
amended by 68/1997 Sch cl 3 |
4.9.1997 |
|
|
amended by 3/2005 s 48(1) |
16.5.2005 |
|
s 102(2) |
substituted by 3/2005 s 48(2) |
16.5.2005 |
|
s 102(2a) and (2b) |
inserted by 3/2005 s 48(2) |
16.5.2005 |
|
s 102(3) |
amended by 68/1997 Sch cl 4 |
4.9.1997 |
|
|
amended by 3/2005 s 48(3) |
16.5.2005 |
|
s 102(4) |
amended by 68/1997 Sch cl 5 |
4.9.1997 |
|
|
amended by 10/1998 s 2 |
2.4.1998 |
|
|
amended by 3/2005 s 48(4) |
16.5.2005 |
|
s 102(5) |
amended by 68/1997 Sch cl 6 |
4.9.1997 |
|
s 102(5a) |
inserted by 3/2005 s 48(5) |
16.5.2005 |
|
s 102(7) |
amended by 68/1997 Sch cl 7 |
4.9.1997 |
|
|
substituted by 3/2005 s 48(6) |
16.5.2005 |
|
s 102(8) |
inserted by 3/2005 s 48(6) |
16.5.2005 |
|
s 103 |
|
|
|
s 103(1) |
amended by 68/1997 Sch cl 8 |
4.9.1997 |
|
s 103(2) |
amended by 68/1997 Sch cl 9 |
4.9.1997 |
|
s 103(4) |
amended by 68/1997 Sch cl 10 |
4.9.1997 |
|
Ch 3 Pt 5 Div 2 |
|
|
|
s 104 |
|
|
|
s 104(1) |
amended by 3/2005 s 49(1) |
16.5.2005 |
|
s 104(2) |
substituted by 3/2005 s 49(2) |
16.5.2005 |
|
s 104(4) |
substituted by 3/2005 s 49(3) |
16.5.2005 |
|
s 104(4a) |
inserted by 3/2005 s 49(3) |
16.5.2005 |
|
s 104(5) |
amended by 3/2005 s 49(4), (5) |
16.5.2005 |
|
s 104(8) |
amended by 68/1997 Sch cl 11 |
4.9.1997 |
|
s 104A |
inserted by 3/2005 s 50 |
16.5.2005 |
|
Ch 3 Pt 6 |
amended by 67/1995 ss 9, 10 |
31.8.1995 |
|
|
substituted by 68/1997 s 10 |
4.9.1997 |
|
Ch 3 Pt 6 Div 1 |
|
|
|
s 105A |
|
|
|
s 105A(1) |
amended by 30/2008 Sch 2 cl 5 |
1.9.2008 |
|
s 105A(4) |
amended by 3/2005 s 51 |
16.5.2005 |
|
Ch 3 Pt 6 Div 2 |
|
|
|
s 106 |
|
|
|
s 106(2) and (3) |
substituted by 3/2005 s 52(1) |
16.5.2005 |
|
s 106(3a) |
inserted by 3/2005 s 52(1) |
16.5.2005 |
|
s 106(4) |
substituted by 3/2005 s 52(2) |
16.5.2005 |
|
Ch 3 Pt 6 Div 3 |
deleted by 3/2005 s 53 |
16.5.2005 |
|
Ch 3 Pt 6 Div 4 |
|
|
|
s 108 |
|
|
|
s 108(2) |
amended by 3/2005 s 54 |
16.5.2005 |
|
s 109 |
|
|
|
s 109(1a) and (1b) |
inserted by 3/2005 s 55 |
16.5.2005 |
|
Ch 3 Pt 7 |
|
|
|
s 112 |
|
|
|
s 112(5) |
amended by 68/1997 Sch cl 12 |
4.9.1997 |
|
s 112(6) |
amended by 68/1997 Sch cl 13 |
4.9.1997 |
|
s 112(7) |
inserted by 3/2005 s 56 |
16.5.2005 |
|
Ch 4 |
|
|
|
Ch 4 Pt 1 |
amended by 67/1995 s 11 |
31.8.1995 |
|
|
substituted by 68/1997 s 11 |
4.9.1997 |
|
Ch 4 Pt 2 |
|
|
|
Ch 4 Pt 2 Div 3 |
|
|
|
s 127 |
|
|
|
s 127(2) |
amended by 68/1997 Sch cl 14 |
4.9.1997 |
|
Ch 4 Pt 2 Div 4 |
|
|
|
s 128 |
|
|
|
s 128(5) |
amended by 68/1997 Sch cl 15 |
4.9.1997 |
|
Ch 4 Pt 4 |
|
|
|
Ch 4 Pt 4 Div 1 |
|
|
|
s 139 |
amended by 68/1997 Sch cl 16 |
4.9.1997 |
|
Ch 4 Pt 4 Div 2 |
|
|
|
s 140 |
|
|
|
s 140(1) |
amended by 3/2005 s 57(1)—(3) |
16.5.2005 |
|
s 140(1a) |
inserted by 3/2005 s 57(4) |
16.5.2005 |
|
s 140(2) |
amended by 3/2005 s 57(5) |
16.5.2005 |
|
s 140(2a) and (2b) |
inserted by 3/2005 s 57(6) |
16.5.2005 |
|
s 140(3) |
amended by 68/1997 Sch cl 17 |
4.9.1997 |
|
|
amended by 3/2005 s 57(7), (8) |
16.5.2005 |
|
s 140(5) |
inserted by 3/2005 s 57(9) |
16.5.2005 |
|
Ch 4 Pt 4 Div 3 |
|
|
|
s 141 |
|
|
|
s 141(3) |
amended by 3/2005 s 58(1) |
16.5.2005 |
|
s 141(3a) |
inserted by 3/2005 s 58(2) |
16.5.2005 |
|
s 141(5) |
amended by 68/1997 Sch cl 18 |
4.9.1997 |
|
s 141(6) |
amended by 68/1997 Sch cl 19 |
4.9.1997 |
|
s 142 |
|
|
|
s 142(1) |
amended by 68/1997 Sch cl 20 |
4.9.1997 |
|
Ch 5 |
|
|
|
Ch 5 Pt 1 |
|
|
|
Ch 5 Pt 1 Div 1 |
|
|
|
s 148 |
|
|
|
s 148(3) |
substituted by 67/1995 s 12 |
31.8.1995 |
|
Ch 5 Pt 1 Div 2 |
|
|
|
s 151 |
substituted by 67/1995 s 13 |
31.8.1995 |
|
s 151(1) |
amended by 3/2005 s 59 |
16.5.2005 |
|
s 151(2) |
amended by 30/2008 Sch 2 cl 6 |
1.9.2008 |
|
s 152 |
|
|
|
s 152(2)—(5) |
substituted by 3/2005 s 60 |
16.5.2005 |
|
s 152(6) |
inserted by 3/2005 s 60 |
16.5.2005 |
|
s 152A |
inserted by 3/2005 s 61 |
16.5.2005 |
|
Ch 5 Pt 1 Div 3 |
|
|
|
s 153 |
|
|
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s 153(2) |
amended by 17/2006 s 121 |
4.9.2006 |
|
Ch 5 Pt 1 Div 4 |
|
|
|
s 155 |
|
|
|
s 155(1) |
amended by 30/2008 Sch 2 cl 7(1) |
1.9.2008 |
|
s 155(3) |
amended by 30/2008 Sch 2 cl 7(2) |
1.9.2008 |
|
Ch 5 Pt 1 Div 4A |
inserted by 3/2005 s 62 |
16.5.2005 |
|
s 155A |
substituted by 30/2008 Sch 2 cl 8 |
1.9.2008 |
|
Ch 5 Pt 1 Div 6 |
|
|
|
s 167 |
|
|
|
s 167(3) |
inserted by 3/2005 s 63 |
16.5.2005 |
|
s 171 |
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|
|
s 171(3) |
amended by 17/2006 s 122 |
4.9.2006 |
|
s 174A |
inserted by 3/2005 s 64 |
16.5.2005 |
|
s 175 |
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|
|
s 175(3) |
inserted by 3/2005 s 65 |
16.5.2005 |
|
Ch 5 Pt 1 Div 7 |
|
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|
s 177 |
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|
|
s 177(1) |
amended by 68/1997 Sch cl 21 |
4.9.1997 |
|
Ch 5 Pt 1 Div 8 |
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|
s 178 |
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|
s 178(6) |
inserted by 3/2005 s 66 |
16.5.2005 |
|
Ch 5 Pt 2 Div 2 |
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|
s 187 |
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|
s 187(1) |
s 187 redesignated as s 187(1) by 3/2005 s 67 |
16.5.2005 |
|
s 187(2) |
inserted by 3/2005 s 67 |
16.5.2005 |
|
s 190 |
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|
|
s 190(3) |
amended by 3/2005 s 68 |
16.5.2005 |
|
Ch 5 Pt 2 Div 3 |
|
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|
s 191 |
|
|
|
s 191(1) |
amended by 17/2006 s 123(1) |
4.9.2006 |
|
s 191(4) |
amended by 17/2006 s 123(2) |
4.9.2006 |
|
Ch 5 Pt 3 |
|
|
|
Ch 5 Pt 3 Div 2 |
|
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|
s 194 |
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s 194(1) |
s 194 redesignated as s 194(1) by 3/2005 s 69 |
16.5.2005 |
|
s 194(2) |
inserted by 3/2005 s 69 |
16.5.2005 |
|
Ch 5 Pt 3 Div 3 |
|
|
|
s 198 |
|
|
|
s 198(2) |
amended by 67/1995 s 14 |
31.8.1995 |
|
|
substituted by 68/1997 s 12 |
4.9.1997 |
|
|
deleted by 3/2005 s 70 |
16.5.2005 |
|
Ch 5 Pt 3 Div 4 |
|
|
|
s 203 |
|
|
|
s 203(1) |
amended by 17/2006 s 124(1) |
4.9.2006 |
|
s 203(2) |
amended by 17/2006 s 124(2) |
4.9.2006 |
|
s 203(3) |
amended by 17/2006 s 124(3), (4) |
4.9.2006 |
|
s 207 |
|
|
|
s 207(1) |
amended by 35/2008 Sch 2 cl 9 |
1.9.2008 |
|
s 207(2) |
amended by 17/2006 s 125(1) |
4.9.2006 |
|
s 207(3) |
amended by 17/2006 s 125(2) |
4.9.2006 |
|
s 207(4) |
amended by 17/2006 s 125(3) |
4.9.2006 |
|
s 208 |
|
|
|
s 208(3) |
amended by 3/2005 s 71 |
16.5.2005 |
|
s 213 |
|
|
|
s 213(1) |
substituted by 68/1997 s 13 |
4.9.1997 |
|
s 213(1a) and (1b) |
inserted by 68/1997 s 13 |
4.9.1997 |
|
Ch 6 |
|
|
|
s 219 |
|
|
|
s 219(1) |
amended by 68/1997 Sch cl 22 |
4.9.1997 |
|
s 219(2) |
amended by 10/1998 s 3 |
2.4.1998 |
|
s 223 |
|
|
|
s 223(1) |
amended by 68/1997 Sch cl 23 |
4.9.1997 |
|
s 224 |
amended by 68/1997 Sch cl 24 |
4.9.1997 |
|
s 225 |
|
|
|
s 225(1) |
amended by 68/1997 Sch cl 25 |
4.9.1997 |
|
s 225(3) |
amended by 68/1997 Sch cl 26 |
4.9.1997 |
|
s 225(4) |
amended by 68/1997 Sch cl 27 |
4.9.1997 |
|
s 225A |
inserted by 3/2005 s 72 |
16.5.2005 |
|
s 226 |
amended by 68/1997 Sch cl 28 |
4.9.1997 |
|
s 228 |
|
|
|
s 228(1) |
amended by 68/1997 Sch cl 29 |
4.9.1997 |
|
s 229 |
|
|
|
s 229(1) |
amended by 68/1997 Sch cl 30 |
4.9.1997 |
|
s 235 |
|
|
|
s 235(2) |
amended by 3/2005 s 73 |
16.5.2005 |
|
s 236A |
inserted by 3/2005 s 74 |
16.5.2005 |
|
s 237 |
|
|
|
s 237(2) |
substituted by 68/1997 Sch cl 31 |
4.9.1997 |
|
Sch 1 |
|
|
|
ss 1—3 |
omitted under Legislation Revision and Publication
Act 2002 |
29.4.2004 |
|
s 7 |
|
|
|
s 7(1) |
substituted by 57/1996 s 3(a) |
8.8.1996 |
|
s 7(3) |
substituted by 57/1996 s 3(b) |
8.8.1996 |
|
s 7A |
inserted by 67/1995 s 15 |
31.8.1995 |
|
s 16 |
|
|
|
s 16(2) |
substituted by 86/1996 s 2 |
12.12.1996 |
|
|
substituted by 48/1997 s 2 |
31.7.1997 |
|
s 16(3) and (4) |
inserted by 86/1996 s 2 |
12.12.1996 |
|
|
deleted by 48/1997 s 2 |
31.7.1997 |
|
s 17 |
inserted by 43/2006 s 101 |
1.6.2007 |
|
Sch 2 |
deleted by 3/2005 s 75 |
16.5.2005 |
|
Sch 3 |
heading substituted by 3/2005 s 76 |
16.5.2005 |
|
s 4 |
|
|
|
s 4(5) and (6) |
inserted by 3/2005 s 77(1) |
16.5.2005 |
|
s 6 |
inserted by 3/2005 s 77(2) |
16.5.2005 |
|
Sch 3A |
inserted by 3/2005 s 78 |
16.5.2005 |
|
Sch 4 |
|
|
|
s 5 |
|
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|
s 5(3) |
inserted by 3/2005 s 79 |
16.5.2005 |
|
Sch 5 |
|
|
|
s 1 |
|
|
|
adoption |
amended by 43/2006 s 102(1) |
1.6.2007 |
|
deleted by 43/2006 s 102(2) |
1.6.2007 |
|
|
s 2 |
|
|
|
s 2(1), (3) and (4) |
amended by 43/2006 s 102(3) |
1.6.2007 |
|
s 4 |
amended by 43/2006 s 102(4) |
1.6.2007 |
|
s 5 |
|
|
|
s 5(1) |
amended by 43/2006 s 102(5) |
1.6.2007 |
|
Schs 9—11 |
inserted by 3/2005 s 80 |
16.5.2005 |
Transitional etc provisions associated with Act or
amendments
Industrial and Employee Relations (Miscellaneous)
Amendment Act 1996
An assignment made under the principal Act before the commencement of this
Act—
(a) assigning a District Court Judge to be the Senior Judge, or a Judge,
of the Court; or
(b) assigning a magistrate to be an industrial magistrate,
continues in force, subject to the principal Act, as an assignment under
the corresponding provision of the principal Act as amended by this
Act.
Industrial and Employee Relations (President's powers)
Amendment Act 1996
The purported appointment of the President of the Industrial Relations
Commission of South Australia as a Commissioner is cancelled and is taken never
to have been made.
Industrial Law Reform (Fair Work) Act 2005,
Sch 1—Transitional provisions
(1) In this Schedule—
principal Act means the Industrial and Employee Relations
Act 1994.
(2) Unless the contrary intention appears, terms used in this Schedule
have meanings consistent with the meanings they have in the principal
Act.
2—Enterprise Agreement
Commissioners
A person holding office as an Enterprise Agreement Commissioner immediately
before the commencement of this clause will continue as a Commissioner appointed
to the Commission for the balance of his or her term of appointment as an
Enterprise Agreement Commissioner (and is then eligible for reappointment under
the principal Act as amended by this Act).
3—Term of office of other members
of Commission
The amendments made to the principal Act by sections 12 or 15 of this
Act do not apply to members of the Commission appointed before the commencement
of this clause (and accordingly such a member of the Commission will cease to
hold office at the end of the term for which he or she was appointed (unless the
term comes to an end under the principal Act sooner) but the member will then be
eligible for reappointment under the principal Act as amended by this
Act).
(1) The amendments made to the principal Act by section 32(2), 33(1),
(2) and (4) and 35(1) of this Act do not apply with respect to any negotiations
or proceedings to enter in an enterprise agreement being conducted or undertaken
by an association that is not a registered association if the association was,
before the commencement of this subclause, authorised to negotiate the agreement
on behalf of a group of employees in accordance with section 75(2) of the
principal Act (as in existence immediately before the commencement of this
clause).
(2) The amendment made to section 81 of the principal Act by this Act does
not apply with respect to the transfer of a business or undertaking that takes
effect before the commencement of this subclause.
The amendment made to section 91 of the principal Act by this Act does not
apply with respect to the transfer of a business or undertaking that takes
effect before the commencement of this clause.
The term of registration of a person holding a registration as an agent
immediately before the commencement of this clause will be taken to be 2 years
from the date of that commencement.
(1) Schedule 2 of the principal Act (and any determination of the Full
Commission under that Schedule) will, despite the repeal of that Schedule by
this Act, continue to have effect until the Full Commission establishes a
minimum standard under subsection (3) of section 69 of the principal Act (as
enacted by this Act).
(2) The President of the Commission must take reasonable steps to ensure
that the first determination of the Full Commission under subsection (3) of
section 69 of the principal Act (as enacted by this Act) is made as soon as
is reasonably practicable after the commencement of this subclause.
(3) The President of the Commission must take reasonable steps to ensure
that the Full Commission establishes the minimum standard contemplated by
section 72B of the principal Act (as enacted by this Act) as soon as is
reasonably practicable after the commencement of this subclause.
(4) Proceedings for the purposes of subclause (2) or (3) may be
commenced by application by a peak entity, or by the Full Commission acting on
its own initiative.
(1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Part, apply to any
amendment or repeal effected by this Act.
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing
authority under a relevant Act;
(b) in a case that relates to employment under the Fire and Emergency
Services Act 2005—the Chief Executive of the South Australian
Fire and Emergency Services Commission, or the Chief Officer of an emergency
services organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services
Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services
Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources
Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health
Commission Act 1976;
(r) an incorporated health centre under the South Australian Health
Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and
Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire and Emergency Services Act 2005—that Act.
(1) Subject to this clause, a person who, immediately before the
commencement of this clause, was employed by a prescribed body under a relevant
Act will, on that commencement, be taken to be employed by the employing
authority under that Act (as amended by this Act).
(2) The following persons will, on the commencement of this clause, be
taken to be employed as follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity Act 1996 will,
on that commencement, be taken to be employed by the employing authority under
that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire and Emergency
Services Act 2005 will, on that commencement, be taken to be employed
by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South Australian Health Commission Act 1976 will, on that
commencement, be taken to be employed by an employing authority under that Act
(as amended by this Act) designated by the Governor by proclamation made for the
purposes of this paragraph.
(3) Subject to this clause, the Governor may, by proclamation, provide
that a person employed by a subsidiary of a public corporation under the
Public Corporations Act 1993 will be taken to be employed by a
person or body designated by the Governor (and the arrangement so envisaged by
the proclamation will then have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by
subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately before the commencement of this clause, a person's
employment within the ambit of subclause (1), (2) or (3) was subject to the
operation of an award or certified agreement (but not an Australian Workplace
Agreement) under the Commonwealth Act, then, on that commencement, an award or
enterprise agreement (as the case requires) will be taken to be created under
the Fair Work Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or enterprise agreement is created by virtue of the
operation of subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair Work Act 1994 on the day on
which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award
or enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
(1) If a prescribed body under a relevant Act is, immediately before the
commencement of this clause, a party to an arrangement relating to the
superannuation of one or more persons employed by the prescribed body, then the
relevant employing authority under that Act will, on that commencement, become a
party to that arrangement in substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy,
and subclause (1) may have effect despite any other Act or
law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation Act 1988
(as it may exist immediately before the commencement of this Act).
(1) The Governor may, by proclamation, direct that a reference in any
instrument (including a statutory instrument) or a contract, agreement or other
document to a prescribed body, or other specified agency, instrumentality or
body, will have effect as if it were a reference to an employing authority under
a relevant Act, the Minister to whom the administration of a relevant Act is
committed, or some other person or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of
functions or powers.
(1) A notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A notice in force under section 28 of the Institute of Medical
and Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A notice in force under section 61 of the South Australian Health
Commission Act 1976 immediately before the commencement of this clause
will continue to have effect for the purposes of that section, as amended by
this Act.
(4) A notice in force under section 13(6) of the South Australian Motor
Sport Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair Work Act 1994 (unless or until relevant regulations are
made under the provisions of that Act).
(1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment or repeal effected by this
Act.
Historical versions
|
Reprint No 1—17.7.1995 |
|
|
Reprint No 2—31.8.1995 |
|
|
Reprint No 3—21.12.1995 |
|
|
Reprint No 4—8.8.1996 |
|
|
Reprint No 5—14.11.1996 |
|
|
Reprint No 6—12.12.1996 |
|
|
Reprint No 7—31.7.1997 |
|
|
Reprint No 8—4.9.1997 |
|
|
Reprint No 9—2.4.1998 |
|
|
Reprint No 10—1.7.1999 |
|
|
29.4.2004 |
|
|
16.5.2005 |
|
|
4.9.2006 |
|
|
1.4.2007 |
|
|
1.6.2007 |
|