Since 1 January 2010, all private sector employers and employees in South Australia operate under the national industrial relations system. The Fair Work Act 2009 (Cth) now covers almost the whole of the private sector, including the non-government community services sector, private schools and universities.

The State public sector, including almost all Government Business Enterprises and local councils, are still under the State System. The key legislation for this is the Fair Work Act 1994 (SA).

State laws on matters such as occupational health and safety, workers compensation, training and skills development, shop trading hours, long service leave, outworkers and child employment continue to apply.