South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"administrative unit" means—
(a) a
department established as part of the Public Service of the State; or
(b) an
attached office under the Public Sector Act 2009 ;
"amendment reference" means the reference under section 5(1)(b);
"Commonwealth Fair Work Act" means the Fair Work Act 2009 of the
Commonwealth (as amended from time to time);
"employing authority" means a person designated as an employing authority, and
empowered to employ persons on behalf of the Crown, under an Act;
"excluded subject matter" means any of the following matters:
(a) a
matter dealt with in the Equal Opportunity Act 1984 ;
(b)
superannuation;
(c)
workers compensation;
(d)
occupational health and safety;
(e)
matters relating to outworkers (within the ordinary meaning of the term);
(f)
child labour;
(g)
training arrangements;
(h) long
service leave;
(i)
leave for victims of crime;
(j)
attendance for service on a jury, or for emergency service duties;
(k)
declaration, prescription or substitution of public holidays;
(l) the
following matters relating to provision of essential services or to situations
of emergency:
(i)
directions to perform work (including to perform work at
a particular time or place, or in a particular way);
(ii)
directions not to perform work (including not to perform
work at a particular time or place, or in a particular way);
(m)
regulation of any of the following:
(i)
employee associations;
(ii)
employer associations;
(iii)
members of employee associations or of employer
associations;
(n)
workplace surveillance;
(o)
business trading hours;
(p)
claims for enforcement of contracts of employment, except so far as a law of a
State provides for the variation or setting aside of rights and obligations
arising under a contract of employment, or another arrangement for employment,
that a court or tribunal finds is unfair;
(q)
rights or remedies incidental to a matter referred to in a preceding paragraph
of this definition,
except to the extent that the Fair Work Act 2009 of the Commonwealth, as
originally enacted, deals with the matter (directly or indirectly), or
requires or permits instruments made or given effect under the Commonwealth
Fair Work Act so to deal with the matter;
"express amendment" of the Commonwealth Fair Work Act means the direct
amendment of the text of that Act (whether by the insertion, omission, repeal,
substitution or relocation of words or matter) but does not include the
enactment by a Commonwealth Act of a provision that has, or will have,
substantive effect otherwise than as part of the text of the Commonwealth
Fair Work Act ;
"fundamental workplace relations principles"—see section 4;
"initial reference" means the reference under section 5(1)(a);
"initial referred provisions" means the scheduled text, to the extent to which
that text deals with matters that are included in the legislative powers of
the Parliament of the State;
"law enforcement officer" means—
(a) a
member of SA Police under the Police Act 1998 ; or
(b) a
police cadet, police medical officer or special constable; or
(c) a
person employed as a protective security officer under the Protective Security
Act 2007 ;
"local government sector employee" means an employee of a local
government sector employer;
"local government sector employer" means an employer that is—
(a) a
council constituted under the Local Government Act 1999 ; or
(b) a
subsidiary or regional subsidiary established under the Local Government
Act 1999 ; or
(c) any
other entity established under the Local Government Act 1999 ; or
(d) the
Local Government Association of South Australia; or
(e) any
other entity established by a body referred to in a preceding paragraph;
"public sector agency" means—
(a) a
Minister; or
(b) a
chief executive of an administrative unit; or
(c) an
administrative unit; or
(d) an
employing authority; or
(e) any
other agency or instrumentality of the Crown; or
(f) a
body corporate—
(i)
comprised of persons, or with a governing body comprised
of persons, a majority of whom are appointed by the Governor, a Minister or an
agency or instrumentality of the Crown; or
(ii)
subject to control or direction by a Minister; or
(g) a
person or body declared under an Act to be a public sector agency for the
purposes of the management or governance of the public sector of the State; or
(h) a
subsidiary of a Minister or a person or body referred to in a preceding
paragraph,
but does not include a person or body declared under an Act not to be part of
the Crown or not to be an agency or instrumentality of the Crown;
"public sector employee" means a chief executive of an administrative unit or
an employee in an administrative unit or other person employed or appointed by
a public sector agency;
"reference" means—
(a) the
initial reference; or
(b) the
amendment reference; or
(c) the
transition reference;
"referred subject matters" means any of the following:
(a)
terms and conditions of employment, including any of the following:
(i)
minimum terms and conditions of employment (including
employment standards and minimum wages);
(ii)
terms and conditions of employment contained in
instruments (including instruments such as awards, determinations and
enterprise-level agreements);
(iii)
bargaining in relation to terms and conditions of
employment;
(iv)
the effect of a transfer of business on terms and
conditions of employment;
(b)
terms and conditions under which an outworker entity may arrange for work to
be performed for the entity (directly or indirectly), if the work is of a kind
that is often performed by outworkers;
(c)
rights and responsibilities of persons, including employees, employers,
independent contractors, outworkers, outworker entities, associations of
employees or associations of employers, being rights and responsibilities
relating to any of the following:
(i)
freedom of association in the context of workplace
relations, and related protections;
(ii)
protection from discrimination relating to employment;
(iii)
termination of employment;
(iv)
industrial action;
(v)
protection from payment of fees for services related to
bargaining;
(vi)
sham independent contractor arrangements;
(vii)
standing down employees without pay;
(viii)
union rights of entry and rights of access to records;
(d)
compliance with, and enforcement of, the Commonwealth Fair Work Act ;
(e) the
administration of the Commonwealth Fair Work Act;
(f) the
application of the Commonwealth Fair Work Act;
(g)
matters incidental or ancillary to the operation of the Commonwealth
Fair Work Act or of instruments made or given effect under the Commonwealth
Fair Work Act ,
but does not include any excluded subject matter;
"referred transition matters" means the matters of the making of laws with
respect to the transition from the regime provided for by—
(a) the
Workplace Relations Act 1996 of the Commonwealth (as it continues to apply
because of the Fair Work (Transitional and Consequential Amendments) Act 2009
of the Commonwealth); or
(b) a
law of this State relating to workplace relations or industrial relations,
to the regime provided for by the Commonwealth Fair Work Act;
"scheduled text" means the text set out in Schedule 1;
"transition reference" means the reference under section 5(1)(c).
(2) Words or phrases
in the definition of "excluded subject
matter" or the definition of " referred subject matters" that are defined in
the Commonwealth Fair Work Act (other than in Division 2B of
Part 1-3 of the Commonwealth Fair Work Act) have the meaning set out in
that Act as in force on 1 July 2009.