South Australia
Industrial and Employee Relations (General) Regulations 1994
under the Industrial and Employee Relations Act 1994

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
4	Declared employer for public employees
5	Employment excluded from Act
Part 2—Enterprise agreements
6	Notice to be given by association
7	Notice to be given by employer
8	Requirements for signing an enterprise agreement
Part 3—Miscellaneous
10	Unfair dismissal
11	Awards relating to disabled workers
12	Continuous service
Schedule 1—Notice by employer
Schedule 2—Recognised organisations
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Industrial and Employee Relations (General) Regulations 1994.
3—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Industrial and Employee Relations Act 1994.
4—Declared employer for public employees
The following are declared to be employers of public employees for the purposes of paragraph (a) of the definition of employer in section 4(1) of the Act:
	(a)	in respect of employees of the Bank of South Australia Limited—that body;
	(b)	in respect of employees of the Country Fire Service—that body;
	(c)	in respect of employees of an electricity corporation within the meaning of the Electricity Corporations Act 1994—that body;
	(ca)	in respect of employees of a State-owned company within the meaning of the Electricity Corporations (Restructuring and Disposal) Act 1999 that holds a licence under the Electricity Act 1996—that company;
	(d)	in respect of employees of the Lotteries Commission of South Australia—that body;
	(e)	in respect of employees of the South Australian Asset Management Corporation—that body;
	(f)	in respect of employees of the South Australian Housing Trust—that body;
	(g)	in respect of employees of the South Australian Meat Corporation—that body;
	(h)	in respect of employees of the South Australian Metropolitan Fire Service—that body;
	(i)	in respect of employees of the South Australian Totalizator Agency Board—that body;
	(j)	in respect of employees of TransAdelaide—that body;
	(k)	in respect of other public employees—the person for the time being holding or acting in the position of Chief Executive of the Department for Administrative and Information Services.
5—Employment excluded from Act
	(1)	Pursuant to section 6(b) of the Act, employment which consists of part-time or casual employment performed in or about a private residence is excluded from the ambit of the Act provided that the work is wholly or mainly performed for a domestic purpose.
	(2)	In this regulation work is performed for a domestic purpose if it is not performed for the purpose of the employer's trade or business.

Part 2—Enterprise agreements
6—Notice to be given by association
	(1)	Pursuant to section 75(2) of the Act, an association which proposes to enter into an enterprise agreement on behalf of a group of employees must give notice of that proposal to the group of employees in accordance with this regulation.
	(2)	The association must take reasonable steps to ensure—
	(a)	that a written notice is given to each employee currently constituting the group proposed to be bound by the enterprise agreement; and
	(b)	where practicable, that a written notice is displayed at the employees' workplace.
	(3)	A notice prepared under this regulation—
	(a)	must be expressed in plain English; and
	(b)	must state the full name of the association; and
	(c)	must provide the name and the phone number of an officer of the association who can be contacted for further information in relation to the proposed enterprise agreement; and
	(d)	must identify the group of employees who would or might be bound by the proposed enterprise agreement with enough particularity to enable an employee to determine whether or not they are or might be in the group; and
	(e)	must contain a statement advising employees in the group—
	(i)	that if the association is authorised by a majority of the employees constituting the group to negotiate on their behalf, the association may enter into an enterprise agreement under the Act which would bind all members of the group; and
	(ii)	that any employee within the group who is a member of the association will be taken to have given an authorisation for the purposes of the Act unless the employee, by written notice to the association, withdraws the authorisation; and
	(f)	must provide details of the means by which an employee within the group who is not a member of the association may give an authorisation to the association for the purposes of the Act; and
	(g)	must be signed by or on behalf of the association.
	(4)	The association should, so far as is reasonably practicable, ensure that a notice displayed in a workplace under this regulation is in such languages as are appropriate for a significant number of the employees to whom the notice is addressed.
	(5)	If an employee reasonably requests that a notice given to the employee under this regulation be supplied in a language other than English, the association must take reasonable steps to provide the employee with a copy of the notice in the language requested.
7—Notice to be given by employer
	(1)	Pursuant to section 76(1) of the Act, an employer must give notice in accordance with this regulation that negotiations for an enterprise agreement are about to begin.1
	(2)	The employer must take reasonable steps to ensure—
	(a)	that a written notice is given to each employee currently constituting the group proposed to be bound by the enterprise agreement; and
	(b)	where practicable, that a written notice is displayed at the employees' workplace.
	(3)	A notice prepared under this regulation—
	(a)	must be expressed in plain English; and
	(b)	must include a statement that the employer proposes to begin negotiations on the terms of an enterprise agreement and propose a date and place for the commencement of those negotiations; and
	(c)	must identify the group of employees who would or might be bound by the proposed enterprise agreement with enough particularity to enable an employee to determine whether or not they are or might be in the group; and
	(d)	may outline the employer's proposed procedure for negotiations on the terms of the enterprise agreement, including the anticipated time frame for the negotiations and any proposed consultative arrangements; and
	(e)	may outline matters that the employer proposes to be subject to negotiations for an agreement; and
	(f)	must be signed by or on behalf of the employer.
	(4)	Subject to subregulations (5) and (6), a notice under subregulation (3) may take the form of the notice set out in Schedule 1 of these regulations.
	(5)	The employer should, so far as is reasonably practicable, ensure that a notice displayed in a workplace under this regulation is in such languages as are appropriate for a significant number of the employees to whom the notice is addressed.
	(6)	If an employee reasonably requests that a notice given to the employee under this regulation be supplied in a language other than English, the employer must take reasonable steps to provide the employee with a copy of the notice in the language requested.
Note—
1	Under section 76(1) of the Act notice is not required if the agreement is negotiated to settle an industrial dispute, or the Commission determines that there is good reason in the circumstances of the case to exempt the employer from this requirement.
8—Requirements for signing an enterprise agreement
	(1)	Pursuant to section 77(1)(g) of the Act, an enterprise agreement must be signed—
	(a)	on behalf of an employer, by—
	(i)	the employer; or
	(ii)	a person duly authorised by the employer to sign on the employer's behalf;
	(b)	on behalf of the employees, by—
	(i)	those employees currently constituting the group proposed to be bound by the enterprise agreement and who approve of the agreement; or
	(ii)	an authorised officer of an association which has been authorised to enter into the agreement on behalf of the employees under section 75(2) of the Act; or
	(iii)	a person duly authorised by those employees currently constituting the group proposed to be bound by the enterprise agreement, and who approve of the agreement, to sign the agreement on their behalf.
	(2)	If an enterprise agreement contains a provision authorised under section 77(1)(d) of the Act, the agreement must also be signed by an authorised officer of the association of employees that has been given the right to represent the industrial interests of the employees to the exclusion of another association of employees.

Part 3—Miscellaneous
10—Unfair dismissal
Pursuant to section 105(2)(b) of the Act, the following classes of employees are excluded from the ambit of Part 6 of Chapter 3 of the Act:
	(a)	employees engaged under a contract of employment—
	(i)	for a specified period of time; or
	(ii)	for a specified task,
except where a main purpose for engaging the employee under the contract is to avoid the employer's obligations under Part 6 of Chapter 3 of the Act;
	(b)	employees serving a period of probation or a qualifying period of employment, provided that the duration of the period or the maximum duration of the period—
	(i)	is determined in advance; and
	(ii)	is reasonable, having regard to the nature and circumstances of the employment;
	(c)	casual employees, except where—
	(i)	the employee has been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least six months; and
	(ii)	the employee has, or would have had, a reasonable expectation of continuing employment by the employer;
	(d)	employees whose conditions of employment are governed by an award, enterprise agreement or contract of employment that makes specific arrangements concerning unfair dismissal that, when considered as a whole, provide protection that is at least equivalent to the protection afforded to employees under Part 6 of Chapter 3 of the Act.
11—Awards relating to disabled workers
	(1)	Pursuant to section 113(1)(c) of the Act, the bodies or organisations listed in Schedule 2 are declared to be recognised organisations for the purposes of section 113 of the Act.
	(2)	Pursuant to section 113(3) of the Act, an award under section 90 of the Act cannot regulate the wages or salary payable to a person to whom section 113 of the Act applies.
	(3)	For the purposes of subregulation (2), wages or salary do not include—
	(a)	amounts payable by way of penalty rates or shift premiums; or
	(b)	amounts payable for overtime; or
	(c)	allowances.
12—Continuous service
	(1)	Pursuant to section 1(3) of Schedule 8 of the Act, in ascertaining whether an employee's period of service is continuous the following events or matters are to be disregarded:
	(a)	a—
	(i)	suspension, stand down or other interruption; or
	(ii)	termination,
by the employer of the employee's employment for the purpose of avoiding the employer's obligations under section 1 of Schedule 8 of the Act;
	(b)	an absence from work by the employee on authorised leave;
	(c)	subject to subregulation (2), an absence from work by the employee due to—
	(i)	the employee's illness; or
	(ii)	an accident to the employee;
	(d)	subject to subregulation (3), an absence from work by the employee, if there was reasonable cause for the absence;
	(e)	subject to subregulation (4), an absence from work by the employee due to concerted or collective industrial action;
	(f)	any other absence from work, unless notice is given under subregulation (5) in relation to that absence.
	(2)	Subregulation (1)(c) does not apply to an absence from work unless—
	(a)	if the employee is required by the terms of an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment, or an agreement certified or approved by such a body, to—
	(i)	notify the employer of an absence from work; and
	(ii)	substantiate the reason for that absence,
the employee complies with those terms; or
	(b)	in any other case—the employee informs the employer within 24 hours after the commencement of the absence, or within such longer period as is reasonable in the circumstances, as to—
	(i)	the employee's absence and inability to attend work; and
	(ii)	whether the absence is due to illness or accident; and
	(iii)	the likely duration of the absence.
	(3)	Subregulation (1)(d) does not apply to an absence from work unless—
	(a)	if the employee is required by the terms of an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment, or an agreement certified or approved by such a body, to—
	(i)	notify the employer of an absence from work; and
	(ii)	substantiate the reason for that absence,
the employee complies with those terms; or
	(b)	in any other case—the employee informs the employer within 24 hours after the commencement of the absence, or within such longer period as is reasonable in the circumstances, of—
	(i)	the employee's absence and inability to attend work; and
	(ii)	the reason for the absence; and
	(iii)	the likely duration of the absence.
	(4)	Subregulation (1)(e) does not apply to an absence from work if the Commission has determined that, for the purpose of determining the employee's entitlement to notice of termination of the employee's employment or to compensation instead of notice, the absence is to be taken as breaking the employee's continuity of service.
	(5)	For the purposes of subregulation (1)(f), the employer may give to the employee notice in writing in accordance with subregulation (6) that the absence from work is to be taken as breaking the employee's continuity of service with the employer.
	(6)	A notice under subregulation (5) (if any) must be given—
	(a)	by delivering it to the employee personally or posting it to the employee's last known address; and
	(b)	during, or within 14 days after the end of, the period of absence.
	(7)	A notice given by an employer under subregulation (5)—
	(a)	may be withdrawn by the employer; and
	(b)	if withdrawn, is taken not to have been given.

Schedule 1—Notice by employer
(Regulation 7)

Schedule 2—Recognised organisations

Organisation or body	Principal location	
Autism Association of South Australia Incorporated	3 Fisher Street
MYRTLE BANK SA 5064	
Barkuma Incorporated (except for that part known as Personnel Employment (SA) a Division of Barkuma Incorporated)	188 Fullarton Road
DULWICH SA 5065	
Barossa Enterprises Incorporated	55 Basedow Road
TANUNDA SA 5352	
Bedford Industries Rehabilitation Association Incorporated	615 Goodwood Road
PANORAMA SA 5041	
Bordertown Handy Help	63 Farquhar Street
BORDERTOWN SA 5268	
Community Vocational Support	409 Marion Road
PLYMPTON SA 5038	
Endeavour Supported Abilities (Adelaide Central Mission)	469 Torrens Road
KILKENNY SA 5009	
Excel Enterprises Incorporated	45 Cudmore Terrace
WHYALLA SA 5600	
Fleurieu Work Scheme Incorporated	77 Hill Street
PORT ELLIOT SA 5212	
Gambier Contracts Incorporated	37 Helen Street
MT. GAMBIER SA 5290	
Heritage Industries Incorporated	Jubilee Highway East
MT. GAMBIER SA 5290	
Invicta Services Ltd.	56 Beulah Road
NORWOOD SA 5067	
LEPSH Incorporated	22 Edinburgh Street
PT. LINCOLN SA 5606	
Melaleuca Centre Incorporated	Princess Highway
MENINGIE SA 5264	
Millicent Work Option Centre Incorporated	30 Davenport Street
MILLICENT SA 5280	
Minda Incorporated	King George Avenue
BRIGHTON SA 5048	
Muscular Dystrophy Association of S.A. Incorporated	251 Morphett Street
ADELAIDE SA 5000	
Ngeringa Association Incorporated	Williams Road
MT. BARKER SA 5251	
Orana Incorporated	770 South Road
GLANDORE SA 5037	
Phoenix Society Incorporated	18 Ashwin Parade
TORRENSVILLE SA 5031	
Pride Industries Incorporated	Grand Junction Road
GILLES PLAINS SA 5086	
Product Action Incorporated	64 O.G. Road
KLEMZIG SA 5087	
Royal Society for the Blind of South Australia Incorporated	Blacks Road
GILLES PLAINS SA 5086	
SA Group Enterprises Incorporated	4 Iris Street
MELROSE PARK SA 5039	
Strathmont Centre	Grand Junction Road
GILLES PLAINS SA 5086	
Tatiara Treats	63 Farquhar Street
BORDERTOWN SA 5268	
Wirrawee Incorporated	46 Taylor Street
KADINA SA 5554	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1994	132	Gazette 4.8.1994 p380	8.8.1994: r 2	
1995	158	Gazette 13.7.1995 p99	17.7.1995: r 2	
1995	171	Gazette 24.8.1995 p525	31.8.1995: r 2	
1997	138	Gazette 29.5.1997 p2764	29.5.1997: r 2—disallowed on 23.7.1997 (Gazette 31.7.1997 p237)	
1997	199	Gazette 4.9.1997 p642	4.9.1997: r 2—disallowed on 11.12.1997 (Gazette 18.12.1997 p1646)	
1997	215	Gazette 23.10.1997 p1089	23.10.1997: r 2	
1999	161	Gazette 29.7.1999 p633	29.7.1999: r 2	
2004	29	Gazette 13.5.2004 p1273	13.5.2004: r 2 	
2005	29	Gazette 28.4.2005 p1096	16.5.2005: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under the Legislation Revision and Publication Act 2002	13.5.2004	
r 4	substituted by 158/1995 r 3	17.7.1995	
	varied by 215/1997 r 3	23.10.1997	
	varied by 161/1999 r 3	29.7.1999	
	varied by 29/2004 r 4	13.5.2004	
r 6			
r 6(1)	varied by 171/1995 r 3(a)	31.8.1995	
r 6(3)	varied by 171/1995 r 3(b)	31.8.1995	
r 9	deleted by 171/1995 r 4	31.8.1995	
r 10	inserted by 138/1997 r 3	29.5.1997—disallowed 23.7.1997	
	inserted by 199/1997 r 3	4.9.1997—disallowed 11.12.1997	
Historical versions
Reprint No 1—17.7.1995		
Reprint No 2—31.8.1995		
Reprint No 3—29.5.1997		
Reprint No 4—31.7.1997		
Reprint No 5—4.9.1997		
Reprint No 6—23.10.1997		
Reprint No 7—18.12.1997		
Reprint No 8—29.7.1999