Industrial Relations

New national industrial relations system from 1 January 2010

From 1 January 2010, South Australian businesses will operate under new national industrial relations (IR) laws.
For the first time, South Australian private sector employers and employees will have the one set of IR laws to work with, providing employees with a simpler and more efficient IR system.

• Who is affected and how
• Legislative changes
• Transitional arrangements
• More information

Who is affected and how:

• businesses already covered by federal awards will remain entirely covered by the Commonwealth Fair Work Act 2009. Please refer to Fair Work Online
• incorporated businesses with discernible trading or financial activities (normally Pty Ltd or Ltd companies or incorporated associations),  will remain entirely covered by the Commonwealth Fair Work Act 2009. Please refer to Fair Work Online
• non-constitutional corporation employers such as partnerships, sole traders and incorporated businesses without significant trading or financial activities that have been operating in the state system, will transition to the Commonwealth Fair Work Act 2009.
• the public sector, including almost all Government Business Enterprises and local government will be subject to the State Fair Work Act 1994 (see the full list of entities), but
• SA Water and TransAdelaide will transition to the Commonwealth Fair Work Act 2009

SafeWork SA will be working with the Fair Work Ombudsman to jointly administer the Commonwealth Act in this state.

The Industrial Relations Court of South Australia and some members of the Industrial Relations Commission of South Australia will also participate in the administration of the Commonwealth laws.

Continuing State laws, including those covering OHS, workers compensation, training and skills development, shop trading hours, long service leave, outworkers and the proposed child employment laws will continue to have the same application in South Australia as immediately prior to 1 January 2010. These laws will accordingly continue to be administered by SafeWork SA or the other relevant State agencies.

Transitional arrangements will apply to those employers and workers transferring between the jurisdictions.

Legislative changes
The Fair Work (Commonwealth Powers) Act 2009 and the related Statutes Amendment (National Industrial Relations System) Act 2009 facilitates South Australia's participation in the national industrial relations system for the private sector.

The corresponding Commonwealth Fair Work Amendment (State Referral and Other Measures) Act 2009 accepts South Australia's referral and referral from other states with the exception of Western Australia. This Act also provides for the transitional arrangements for employers and employees transitioning into the national system.

More information
For more information on the changes to the industrial relations system from 1 January 2010, contact the SafeWork SA Help Centre on 1300 365 255 or visit www.fairwork.gov.au or contact Fair Work Infoline 13 13 94.

Related information

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Fair Work (Registered Organisations) Act 2009

The Fair Work Ombudsman works with employees, employers, contractors and the community to promote harmonious, productive and cooperative workplaces. The Fair Work Ombudsman also investigates workplace complaints and enforces compliance with Australia's workplace laws.