There is a 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 some 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 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, then 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 which is governed by the Fair Work Act 2009 (Cth).
For state 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.
Contacts
The Fair Work Commission is the national workplace relations tribunal. The Commission facilitates enterprise bargaining, approves enterprise agreements and deals with disputes.
Telephone: 1300 799 675
The Fair Work Ombudsman provides advice on workplace rights and responsibilities and investigates workplace complaints under federal law (all except state or local government employees).
Telephone: 13 13 94
The Fair Work Ombudsman can receive concerns about employers anonymously. Visit the Report an issue anonymously page of the Ombudsman's website for more information.
Safework SA administers occupational, health and safety and welfare laws (including bullying laws), provides advice and education and investigates workplace incidents.
Telephone: 1300 365 355
South Australian Employment Tribunal (SAET) and South Australian Employment Court
Dispute resolution and Decision Making for the Return to Work scheme, SA Industrial and Employment Law, Equal Opportunity Discrimination Cases, Breach of Contract Cases, Monetary Claims (eg. underpaid wages) and Work Health and Safety Law.
Telephone: (08) 8177 3500
The Working Women's Centre provides free information, advice and support to women, and in some cases very vulnerable men, on issues related to work.
Telephone: 8410 6499 ; 1800 652 697
South Australian Skills Commission
The Commission provides information, advice, complaint handling, mediation and advocacy services to trainees.
Telephone: 1800 006 488
www.skillscommission.sa.gov.au
Equal Opportunity Legal Advice Service
A free legal advice service run by the University of Adelaide - providing assistance in areas of Equal Opportunity Law (e.g. sexual harassment, discrimination, etc.).
Email: eolas@adelaide.edu.au
https://law.adelaide.edu.au/free-legal-clinics/equal-opportunity-legal-advice-service
For workplace health and safety and injuries, please refer to Accidents at Work.
For discrimination at work, please refer to Discrimination.
For issues relating to getting help from an employer whilst experiencing family or domestic violence (including your leave rights) please refer to Family Violence.
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 with permission.
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