The South Australian Employment Tribunal (‘SAET’) is responsible for establishing and reviewing certain minimum standards that apply to all employees and employers whose work is governed by the Fair Work Act 1994 (SA). These standards try to make sure that South Australian workers are guaranteed particular entitlements.
Standards Set by SAET
The following standards have been set by SAET under the Fair Work Act 1994 (SA), and are reviewed from time to time to make sure they are still relevant and up to date.
Minimum Pay Entitlements
On an annual basis SAET fixes a minimum standard for weekly wages, hourly rates, aged-based grades and other matters related to pay entitlements under the Fair Work Act 1994 (SA). These decisions are published each year as the ‘State Wage Case’.
On 27 September 2019, the Full Bench adopted the Fair Work Commission’s review decision of 30 May 2019 relating to the Minimum Standard for Remuneration and to minimum award rates.
On 21 October 2019 the Full Bench made their Declaration and Orders pursuant to s 100 of the Fair Work Act 1994 (SA) and a Declaration of the Minimum Standard for Remuneration pursuant to s 69(3) of the Fair Work Act 1994 (SA).
Standards Set by Parliament
These standards were set by Parliament under the Fair Work Act 1994. SAET has the power to review and replace these standards once every two years if the Tribunal is satisfied that to do so would be necessary or desirable to achieve the objects of the Act.
This table lists the standards on various forms of leave, the source of SAET’s power to review them and where the text of those standards can be found in the Act.
|Standard Entitlement||Power Under the Act||Text of the Standard|
|Sick Leave/Carer’s Leave||Section 70||Schedule 3|
|Bereavement Leave||Section 70A||Schedule 3A|
|Annual Leave||Section 71||Schedule 4|
|Unpaid Parental Leave*||Section 72||Schedule 5|
* Some employees who are the primary carer of a newborn or newly adopted child can get up to 18 weeks Parental Leave Pay from the Australian Government. This is paid at the National Minimum Wage.
Under section 98A of the Fair Work Act 1994 (SA) SAET is responsible for ensuring that Awards applying under that Act reflect appropriate standards for the employment of children in accordance with the Worst Forms of Child Labour Convention, 1999.
Where can I find more information?
SAET maintains a register of Enterprise Agreements and Industrial Awards for which it is responsible under the Fair Work Act 1994 (SA). Many of those instruments have incorporated, to various degrees, the relevant industrial standards. However, you should seek further advice from a legal practitioner on the particular application of these instruments to your personal circumstances.