Additional Compensation for Certain Work Related Injuries or Illnesses
A number of public sector awards provide entitlements to eligible workers with respect to certain work related injuries. These entitlements may apply in circumstances where a person ceases to be entitled to similar benefits under the Return to Work Act 2014.
The South Australian Employment Tribunal (SAET) resolves disputes in relation to these additional compensation entitlements.
SAET aims to resolve disputes swiftly and fairly. We achieve this through agreement by the parties at a conciliation conference or through a determination at a SAET hearing.
Disputes over employer’s decisions may be resolved under either Chapter 2 Part 1 or Chapter 2 Part 2 of the Fair Work Act 1994.
What do I need to do?
You can dispute the decision that has been made about additional compensation by lodging an application notifying of the dispute (form A45).
Alternatively, you may be seeking the Court to interpret the award (form A33), or to make a declaration, or to make an order to remedy a breach of an award (form A19). Or, you may wish to ask the Court to do all three (from A19).
Which form do I use?
You can apply to SAET by completing and lodging one of the following forms:
- A45 – Notification of an industrial dispute or grievance
- A33 – Application for interpretation of an award
- A19 – General Application
These can also be downloaded from the forms page.
What can I expect?
SAET will usually start by convening a conference to explore the issues in dispute through conciliation. Conciliation conferences are conducted by a Commissioner.
If the issues are not resolved in the conference process, SAET may refer the matter for determination to a Presidential member and notify the parties. SAET will then make a decision about the issues between the parties.
Is there a cost?
There is no cost for lodging an application.
Where can I find more information?
You may wish to contact your union or a lawyer for assistance if you have further questions.