Current notices

Fair Work Act

Enterprise agreements

The following applications made under the Fair Work Act seeking approval of an Enterprise Agreement are currently before SAET (Rule 86, SAET Rules).

Enterprise Agreement nameCase numberRespond by
Kingston District Council Enterprise Agreement No.11 (2020)ET-20-0416227/01/2021
Enterprise Agreement # 9 2020 District Council of Ceduna and LGEA EmployeesET-20-0536427/01/2021

Any party seeking to be heard in relation to the above matters must advise SAET in writing setting out the objection or any other consideration with SAET by the ‘Respond by’ date indicated above. A copy of the advice is also to be supplied to the other parties to the Agreement.  As soon as practicable after that date SAET will either approve the Agreement or otherwise deal with the matter as it sees fit.

Award proceedings

The following applications made under the Fair Work Act regarding award proceedings (new award, or variation or rescission of an existing award) are currently before, or have been determined by, SAET (Rule 88, SAET Rules).

Award nameCase number
TAKE NOTICE that the United Trades & Labor Council of South Australia (SA Unions) has requested that the South Australian Employment Tribunal (SAET) vary all state awards to increase the amount of certain allowances by 1.75%, being a percentage commensurate to the increase in state award rates and the Minimum Standard for Remuneration found to be appropriate in the decision in State Wage Case 2020 [2020] SAET 186.
 
A copy of the application may be viewed here.
 
Any person affected by the application who desires to be heard in relation thereto should notify the chambers of President Justice Dolphin by email to saet@sa.gov.au either personally or by their representative prior to 5.00 pm 16 December 2020.  Failing such notification an award, order or decision may be made or given on that or some subsequent date as the SAET may think proper and this may bind parties not attending or represented at the hearing.
ET-20-02818
Caretakers and Cleaners Award – S99 – Review of Award – Various clauses varied. New Cl.7.9 Family and Domestic Violence Leave. Whole award re-issued. Opdate 06/11/2019.499/2019
Health Recreation and Fitness Award – S99 – Review of Award – Various clauses varied. New Cl 7.7 Leave to deal with family and domestic violence. Whole award re-issued. Opdate 06/11/2019.503/2019
Local Government (Health Services) Award – S99 – Review of Award – Various clauses varied. New Cl. 7.8 Leave to deal with family and domestic violence. Whole award re-issued. Opdate 06/11/2019.504/2019
Local Government Tourism, Hospitality and Retail Award – S99 – Review of Award – Award varied. Cl. 1.1 Title changed FROM Local Government Cafes, Restaurants and Snack Bars Award TO Local Government Tourism, Hospitality and Retail Award, Cl 1.2 Arrangement, Cl 1.3 Scope and Parties Bound, Cl 1.4 Definitions, CL. 1.6 Commencement Date Of Award And Period Of Operation, Cl 4.2 Employment Categories, Cl 6.5 Saturdays and Sundays, New Cl 7.10 Leave to Deal with Family and Domestic Violence, Sch. 1 Wages and Classification Definitions, Sch. 3 Training Wage Arrangements. Opdate 06/11/2019.505/2019
Local Government Employees Award – S99 – Review of Award – Various clauses varied. New Cl Cl 7.10 Leave to deal with Family and Domestic Violence. Whole award re-issued. Opdate 06/11/2019.496/2019
South Australian Municipal Salaried Officers Award – S99 – Review of Award – Award varied. Cl. 1.2 Arrangement; Cl. 1.4 Definitions; Cl. 1.6 Scope and Parties Bound; new Cl. 2.6 Right of Entry; Cl. 5.1 Ordinary Hours of Work; Cl. 6.5 Parental Leave; new Cl. 6.10 Leave to deal with Family and Domestic Violence; Cl 7.4 Superannuation. Opdate 06/11/2019.495/2019
South Australian Government Civil Construction and Maintenance Award – Award varied. Cl. 6.11 Travelling Expenses Reimbursement; Cl. 6.14 Camp Allowance. Opdate ppc 19/12/2019.ET-20-00639
South Australian Government Transport Workers Award 1994 – Award varied. Cl. 6.11 Travelling Expenses Reimbursement. Opdate ppc 19/12/2019.ET-20-00641
Police Officers Award – Award varied. Sch. S1.1 Minimum Salaries re deletion of words “during the 12 month course”, Sch. S2.5 Meal Money. Opdate ppc 19/12/2019.ET-20-00642
S.A. Public Sector Salaried Employees Interim Award – Award varied. Cl. 5.3 Allowances & Related Matters, Cl. 8.2 Travelling Expenses Reimbursement & Allowances, Cl.8.5 Accommodation or Meals Provided by the Government, Cl 8.6 Incidental Expense Allowance for Employees Attending Residential Programmes re expense related allowances. Opdate ppc 03/04/2020.ET-20-00635
Central Linen Employees Award – Award varied. Cl 6.7 Travelling, Expenses Reimbursement. Opdate ppc 19/12/2019. ET-20-00637
Government Stores Employees Interim Award – Award varied. Cl. F9 Travelling, Expenses Reimbursement. Opdate ppc 19/12/2019.ET-20-00638
Medical Scientists (South Australian Public Sector) Award – Award varied. Cl. 5.3.1 Meal Break/Meal Allowances, Cl. 5.4.1 Allowances for Meals and Incidentals, Cl 5.4.3 Incidental Expense Allowance for Employees Attending Residential Programmes. Opdate ppc 19/12/2019.ET-20-00636
South Australian Government Services Award – Award varied. Cl 6.11 Travelling, Expenses Reimbursement. Opdate 19/12/2019.ET-20-00640
Cemetery Employees (SA Authorities) Award – Award varied. Cl 1.2, Arrangement, Cl. 1.3 Scope, Persons Bound and Locality, Cl. 1.5 Definitions, Cl. 2.1 Enterprise Flexibility Provision, Cl. 3.1 Introduction of Change, Cl. 3.2 Dispute Settlement Procedure, Cl. 4.1 Anti-Discrimination, Cl. 4.2 Employment Categories, Cl. 4.4. Redundancy, Cl 4.5 Transmission, Cl. 5.8 Economic Incapacity Applications, Cl. 7.1 Annual Leave, Cl. 7.2 Personal Leave – Injury and Sickness, Part 10 new heading ‘Work Health and Safety Matters, Equipment, Tools and Amenities’, Sch. 4.5 Lodgement of Assessment Instrument, Sch. 5.5 Definitions, Sch. 5.10 Dispute Settlement Over Traineeship Schemes RE s99 Review of Awards. Opdate 01/10/2019.ET-19-00753
Intellectual Disability Services Award – Award varied. Cl. 1.3 Scope and Persons Bound, Cl. 3.1 Part-Time Employment, Cl. 3.2 Casual Employment, Cl. 3.3 Temporary Employment, Cl. 6.1 Other Conditions of Employment, Cl. 6.5 Passive Duty, Sch. 3 Training Wage Arrangements (Cl. 3.5.13 and Cl. 3.10.2.3), Sch. 4 Additional Compensation for Certain Work-Related Injuries or Illnesses. Opdate 01/10/2019. ET-19-00601
Medical Scientists (South Australian Public Sector) Award – Award varied. Cl. 1.3 Scope and Persons Bound, Cl. 2.1 Enterprise Flexibility Provision, Cl. 3.1 Settlement of Disputes, Cl. 4.1 Anti-Discrimination, Cl. 5.4 Travelling Expenses Reimbursement and Allowances, Cl. 8.1 Other Conditions, Sch. 1 Classification Descriptions, Sch. 4 Salaries, Sch. 5 Additional Compensation for Certain Work Related Injuries or Illnesses. Opdate 01/10/2019. ET-19-00603
ReturnToWorkSA Award 2015 – Award varied. Cl. 3 Definitions, Cl. 4 Scope and Parties Bound, Cl. 5 Relationship to Other Industrial Instruments, Cl. 7 Enterprise Flexibility Provision, Cl. 8 Grievance Procedure, Cl. 9 Anti-Discrimination, Cl 10 Categories of Employment, Cl. 11 Notice of Termination and Redundancy, Cl. 15 Rates of Pay, Cl. 17 Allowances, Cl. 18 Supported Wage Provisions. Opdate 01/10/2019. ET-19-00575
S.A. Public Sector Live Performance Award – Award varied. Cl. 1.3 Scope, Persons Bound and Locality; Cl. 1.5 Definitions; Cl. 3.2 Dispute Avoidance/Grievance Process; Cl. 5.8 Economic Incapacity Applications; Cl. 7.2 Minimum Wages; Sch. 3 Supported Wage Provisions. Opdate 01/10/2019. ET-19-00578
Part-Time Interpreters or Translators (Public Service) (SA) Award – Award Varied, Cl. 1.4 Persons Bound. Opdate 01/10/2019. ET-19-00607
Public Service (Recreation Leave Loading) Award – Award Varied. Cl. 1.3 Scope, Persons Bound and Locality, Cl. 1.4 Definitions. Opdate 01/10/2019. ET-19-00612
Pre-School (Kindergarten) Teaching Staff Award – Award varied – Sch. 3 Locality Allowances. Cl. S3.3 & S3.4 Opdate 01/07/2020. Cl. S3.2.2 Opdate 01/10/2020. ET-20-02907 & ET-20-04227
TAFE (Educational Staff) Interim Award – Award varied. Sch. S3 Locality Allowances (S3.3 & S3.4) re expense related allowances. Opdate 01/07/2020. ET-20-02908
Teachers (DECS) Award – Award varied. Sch. 2 Locality Allowances (cl. 2, 3 & 4) Opdate 01/07/2020. ET-20-02909
SA Public Sector Clerks Adelaide Entertainments Corporation Award – Award varied. Cl. 1.3 Scope, Persons Bound and Locality; Cl. 1.5 Definitions; Cl. 3.2 Dispute/Grievance Avoidance/Settling Procedures; Cl. 4.1 Anti-Discrimination; Cl. 4.5 Redundancy; Cl. 4.6 Transmission; Cl. 6.1 Hours of Work; Cl. 7.2 Personal Leave – Injury and Sickness; Cl. 7.4 Parental Leave; Cl. 9.3 Right of Entry; Sch. 1 Classification Provisions; Sch. 2 Wage Rates (re Economic Incapacity Applications); Sch. 4 Supported Wage Provisions (S4.2 & S4.5); Sch. 5 Training Wage Arrangements (S5.5 & S5.10). Opdate 01/10/2019. ET-19-00718
South Australian Government Civil Construction and Maintenance Award – Award varied. Cl. 1.3 Scope and Persons Bound; Cl. 1.7 Work Level Definitions; Cl. 1.8 Definitions; Cl. 2.3 Junior Employees; Cl. 2.6 Economic Incapacity Applications; Cl. 3.1 Contract of Employment; Cl. 5.6 Special Leave Without Pay; Cl. 6.2 Overtime; Cl. 6.3 Overtime – Day Workers; Cl. 6.13 Fares and Travelling; Cl. 7.2 Grievance and Dispute Settling Procedure; Cl. 7.4 Right of Entry; Cl. 8.1 Additional Conditions; Cl. 8.4 Education Assistance and Study Leave; Cl. 8.8 Anti-Discrimination; Cl. 8.9 Enterprise Flexibility; Sch. 1 Rates of Pay; Sch. 2 Allowances; Sch. 3 Translation Arrangements; Sch. 5 Training Wage Arrangements (cl. 5.5 Definitions, 5.10 Dispute Settlement Over Traineeship Schemes); Sch. 6 Supported Wage Provisions (cl. 6.2 Eligibility Criteria); Sch. 7 Additional Compensation for Certain Work-Related Injuries or Illnesses (Attachment 2). Opdate 01/10/2019. ET-19-00582
South Australian Government Building Trades Award – Award varied. Cl. A3 Scope & Persons Bound; Cl. A6 Definitions; Cl. A7 Work Level Definitions; Cl. A8 Enterprise Flexibility Provisions; Cl. C1 Contract of Employment; Cl. C2 Anti-Discrimination; Cl. E2 Overtime; Cl. E4 Special Rates; Cl. E5 Uniform Clothing; Cl. E7 Industry Allowance – Other than “On Site” Construction; Cl. F1 Grievance and Dispute Settling Procedures; Cl. F2 Consultative Mechanism; Cl. F4 Right of Entry; Cl. G1 Other Conditions of Employment; Cl. G6 Anti-Discrimination; Sch. 3 Translation Arrangements; Sch. 4 Supported Wage Provisions. Opdate 01/10/2019. ET-19-00584
S.A. Public Sector Plumbers and Gasfitters Award – Award varied. Cl. 5 Scope and Persons Bound; Cl. 6 Federal Award Nexus; Cl. 7 Definitions; Cl. 10 Special Rates; Cl. 16 Compensation for Tools and Clothes; Cl. 18 Right of Entry; Cl. 21 Enterprise Flexibility Provision; Cl. 22 Anti-Discrimination; Cl. 24 Economic Incapacity Applications; Cl. 27 Contract of Employment; Cl. 30 Settlement of Disputes; Cl. 31 Contract of Employment; Cl. 43 Annual Leave; Cl. 46 Superannuation; Sch. 1.3 Classification and Reclassification Disputes Settlement Procedure; Sch. 3 Supported Wage Provisions (cl. 2 Eligibility Criteria). Opdate 01/10/2019. ET-19-00579
Central Linen Employees Award – Award varied. Cl 1.3 Scope and Persons Bound, Cl 1.6 Work Level Definitions, Cl 3.1 Contract of Employment, Cl 5.6 Special Leave Without Pay, Cl 6.1 Overtime, Cl 6.2 Allowances, Cl 7.2 Grievance and Dispute Settling Procedures, Cl 8.1 Additional Conditions, Cl 8.3 Education Assistance & Study Leave, Cl 8.7 Anti-Discrimination. Opdate 01/10/2019. ET-19-00745
Nurses (South Australian Local Government Sector) Award – Award varied. Various clauses and new Cl. 7.8 Leave to deal with Family and Domestic Violence. Whole award re-issued. Opdate 06/11/2019. 506/2019
Chauffeurs’ (Ministerial) Public Service Award – Award varied. Cl. 1.2 Arrangement, Cl. 1.3 Scope, Persons Bound and Locality, Cl. 2.2 Grievance and Dispute Settling Procedure, Cl. 3.1 Anti-Discrimination, Cl. 3.2 Employment Categories, Cl. 5.2 Overtime, Part 7 Occupational Health and Safety Matters, Equipment, Tools and Amenities, Sch. 2 Additional Compensation for Certain Work-Related Injuries or Illnesses (Att 2). Opdate 01/10/2019. ET-19-00747
South Australian Government Printing Interim Award – Award varied. Cl. 1.2 Arrangement, Cl.1.3 Scope and Persons Bound, Cl. 2.6 Economic Incapacity Applications, Cl. 3.3 Casual Employment, Cl. 3.7 Shut Down, Cl. 6.2 Overtime, Cl. 6.6 Meal Allowance, Cl. 7.1 Consultative Mechanism, Cl. 7.2 Grievance and Dispute Settling Procedure, Cl. 7.3 Right of Entry, Cl. 8.1 Anti-Discrimination, Cl. 8.2 Other Conditions of Employment, Cl. 8.3 Employees Appointed Pursuant to the Public Sector Management Act 1995 (incl. title), Cl. 8.6 Enterprise Flexibility, Sch. 1 Rates of Pay, Sch. 2 Supported Wage Provisions (cl. 2.2 Eligibility Criteria, cl. 3.5 Definitions), Sch. 3 Training Wage Arrangements (cl. 3.10 Dispute Settlement Over Traineeship Scheme). Opdate 01/10/2019. ET-19-00721
South Australian Medical Officers Award – Award varied. Cl. 1.2 Arrangement; Cl. 1.3 Scope and Persons Bound; Cl. 1.6 Definitions; Cl. 3.2 Termination of Employment – Public Sector Management Act Employees; Cl. 4.3 Allowances; Cl 5.5 On Call; Cl. 5.6 Recall; Cl. 8.3 Professional Indemnity. Opdate 01/10/2019. ET-19-00717
South Australian Government Transport Workers Award 1994 – Award varied. Cl. 1.3 Scope and Persons Bound; Cl. 1.8 Definitions; Cl. 2.5 Economic Incapacity; Cl. 2.3 Junior Employees; Cl. 3.1 Contract of Service; Cl. 5.6 Special Leave Without Pay; Cl. 6.2 Overtime – Shift Workers; Cl. 6.3 Overtime – Day Workers; Cl. 7.2 Grievance and Dispute Settling Procedure; Cl. 7.4 Right of Entry; Cl. 8.1 Additional Conditions; Cl. 8.4 Education Assistance & Study Leave; Cl. 8.8 Anti-Discrimination; Cl. 8.9 Enterprise Flexibility; Sch. 2 Allowances; Sch. 3 Training Wage Arrangements (cl. 3.5 Definitions; cl.. 3.10 Dispute, Settlement Over Traineeship Schemes); Sch. 4 Supported Wage Provisions (cl. 4.2 Eligibility Criteria); Sch. 5 Additional Compensation for Certain Work Related Injuries or Illnesses (Att. 2). Opdate 01/10/2019. ET-19-00716
South Australian Government Departments and Instrumentalities (Metal Trades) Award 2007 – Award varied. Cl. 2 Arrangement, Cl. 3 Anti-Discrimination, Cl. 7 Parties Bound, Cl. 9 Relationship with Other Awards, Cl. 10 Enterprise Flexibility, Cl. 13 Dispute Resolution Procedure, Cl. 15 Employment Categories, Cl. 16 Notice of Termination, Cl. 33 Long Service Leave, Cl. 34 Jury Service, Cl. 35 Public Holidays, Cl. 36 Supported Wage System, Cl. 37 Redundancy, Sch. B Adult Age Rates. Opdate 01/10/2019. ET-19-00715

Triennial Review of Awards: Section 99 Fair Work Act 1994 (SA)

Background – Initial Reviews

On 18 February 2019, the South Australian Employment Tribunal (‘SAET’) placed notices on this website and in The Advertiser newspaper in relation to the review of nine industrial awards. The reviews were initiated at the request of representatives from the local government sector, and pertained to the undermentioned awards. The submissions and notices in relation the review of these nine awards can be accessed below: 

Award nameCase numberDocument Link
South Australian Municipal Salaried Officers Award
Local Government Employees Award
Cemetery Employees (SA Authorities) Award
Caretakers and Cleaners Award
SA Public Sector and Local Government Entities Clerks Award
Health Recreation and Fitness Awards
Local Government Health Services Award
Local Government Cafes, Restaurants and Snack Bars Award
Nurses (South Australian Local Government Sector) Award
494/2019
496/2019
497/2019
499/2019
500/2019
503/2019
504/2019
505/2019
506/2019
Statement and Directions of Commissioner Aikens dated 25 Mar 2019
Amended Directions of Commissioner Aikens dated 15 May 2019
Submissions
 Local Government Association
LGA – s 99 Review Submissions
LGA – Annexure C Local Government Tourism, Hospitality and Retail Award
Department of Treasury and Finance
DTF – s 99 Review Submissions
DTF – Draft Order_SA Public Sector and Local Government Entities Clerks Award
DTF – Draft Order_Cemetery Employees (SA Authorites) Award
Australian Workers Union
AWU – s 99 Review Submissions
Australian Services Union
ASU – s 99 Review Submissions


Local Government Tourism, Hospitality and Retail Award
Health Recreation and Fitness Award
Caretakers and Cleaners Award
Local Government (Health Services) Award
Local Government Employees Award
South Australian Municipal Salaried Officers Award
Nurses (South Australian Local Government Sector) Award

Remaining Awards

On 11 July 2019, the Tribunal notified interested parties of its intention to conduct a review of the remaining South Australian industrial awards. They are outlined below:

  1. Aboriginal Education Workers (DECS) Award
  2. Adelaide Cemeteries Authority Officers Award
  3. Cemetery Employees (SA Authorities) Award (review completed ET-19-00753)
  4. Central Linen Employees Award (review completed ET-19-00745)
  5. Chauffeurs (Ministerial) Public Service Award (review completed ET-19-00747)
  6. Clothing Trades Award
  7. Early Childhood Worker Award
  8. Firefighting Industry Employees (South Australian Metropolitan Fire Services) Award 2007
  9. Government Stores Employees Interim Award
  10. Hotels – Adelaide Entertainment Corporation and Staff Employed Under the Parliament (Joint Services) Act 1985 – Award
  11. Intellectual Disability Services Award (review completed Oct-2020)
  12. Live Theatre and Concert (Adelaide Festival Centre Trust) Award
  13. Medical Scientists (South Australian Public Sector) Award (review completed Oct-2020)
  14. Nurses (South Australian Public Sector Award) 2002
  15. Part-time Interpreters or Translators (Public Services) (SA) Award (review completed Oct-2020)
  16. Performing Arts Centre (Adelaide Festival Centre Trust) Award
  17. Personal Assistants to Members of the Parliament of South Australia
  18. Police Officers Award
  19. Pre-school (Kindergarten) Teaching Staff Award
  20. Public Service (Recreation Leave Loading) Award (review completed Oct-2020)
  21. Return to Work SA Award 2015 (review completed Oct-2020)
  22. SA Public Sector and Local Government Entities Clerks Award
  23. SA Public Sector Cafes and Restaurants Adelaide Convention Centre Award
  24. SA Public Sector Live Performance Award (review completed Oct-2020)
  25. SA Public Sector Plumbers and Gasfitters Award (review completed Nov-2020)
  26. SA Public Sector Salaried Employees Interim Award
  27. School Services Officers (Government Schools) Award
  28. South Australia Government Civil Construction and Maintenance Award (review completed Nov-2020)
  29. South Australian Ambulance Service Award
  30. South Australian Government Building Trades Award (review completed Nov-2020)
  31. South Australian Government Departments and Instrumentalities (Metal Trades) Award 2007 (review completed)
  32. South Australian Government Health etc. Ancillary Employees Award
  33. South Australian Government Printing Interim Award (review completed)
  34. South Australian Government Services Award
  35. South Australian Government Transport Workers Award 1994 (review completed)
  36. South Australian Medical Officers Award (review completed)
  37. South Australian Public Sector Clerks Adelaide Entertainments Corporation Award (review completed Dec-2020)
  38. TAFE (Educational Staff) Interim Award
  39. TAFE SA Education Staff Arbitrated Enterprise Bargaining Award 2010
  40. Teacher (DECS) Award

The time for making written submissions in relation to the review of the above awards has been extended until the deadline of COB, Friday 18 October 2019. If you would like to make written submissions, you may lodge them via email at saet@sa.gov.au.
You can find notices and orders relating to the review of these awards below:
Notice of Review
Extension of Time Notice

Alteration to rules of an association

The following applications made under the Fair Work Act seeking an addition or alteration to the rules of an association are currently before SAET (Rule 94, SAET Rules).

Association nameCase numberRespond by

The above mentioned association/s has/have lodged an application to alter its Rules. The Association is registered under the Fair Work Act 1994. Either SAET has decided to publish notice of the alteration pursuant to SAET Rule 94(2), or the alterations are of a kind that could affect the composition of the membership of the association. Objections may be made as if the application were for registration of a new association. The application may be inspected free of charge at SAET, level 6, Riverside Centre, North Terrace, Adelaide. Any person wishing to object may do so by lodging a notice of objection in the approved form with SAET by the ‘Respond by’ date, and serving a copy of the notice of objection on the applicant association.