Industrial Referral Agreements Act 1986

This Act may be cited as the Industrial Referral Agreements Act 1986.

A word or expression used in this Act that is the subject of a definition under section 4 of the Fair Work Act 1994 when used in that Act will have the same meaning in this Act as it has in that Act.

This section applies to an industrial matter or an industrial dispute if 2 or more parties have entered into an agreement in writing (a referral agreement) to seek the assistance of SAET by making a referral to SAET in order to obtain (as the case may be)—

the resolution of an industrial matter arising between the parties (including by making a determination about levels of remuneration, conditions of employment or other industrial matters);

the resolution of an industrial dispute between the parties (including by settling a dispute about whether appropriate remuneration has been paid to a person under a contract of employment or whether there has been a breach of a condition of employment);

the resolution of the question whether, on the balance of probabilities, the dismissal of an employee was harsh, unjust or unreasonable.

A referral agreement may relate to a particular matter or dispute, or to matters or disputes of a specified class.

The parties to a referral agreement may be—

an employer, or group of employers;

an employee, or group of employees;

a registered association;

the United Trades and Labor Council.

The parties to a referral agreement may agree that SAET is—

to act as a conciliator, mediator or arbitrator;

to make recommendations to the parties;

to make determinations or orders that the parties agree to accept or observe, as specified in the referral agreement.

A party seeking the assistance of SAET under a referral agreement will do so in accordance with the rules.

On a referral under this Act, SAET has and may perform or exercise such functions or powers with respect to the matter as SAET might exercise in the exercise of its jurisdiction under section 7 of the Fair Work Act 1994, subject to any limitation or exclusion specified in the referral agreement and not so as to give any form of relief outside the referral agreement.

The regulations may make provision for or with respect to the application of the provisions of the Fair Work Act 1994 and the South Australian Employment Tribunal Act 2014 (with such modifications, if any, as may be prescribed by the regulations) to the performance or exercise of functions or powers under this Act.

Subject to any regulations made for the purposes of subsection (7), rules of SAET may be made in connection with the practice and procedure of SAET in the performance or exercise of functions or powers conferred by referral agreements.

A determination, order or other decision of SAET on a referral under this Act—

is binding on the parties to the referral agreements; and

may be enforced under the Fair Work Act 1994 in the same way as a determination, order or other decision of SAET to the same effect.

SAET may, in acting under this Act, make any determination as to the scope or operation of the relevant referral agreement, or as to the meaning of any provision of the referral agreement, and any such determination will then have effect according to its terms.

SAET may, at any time after a matter or dispute has been referred to SAET under this Act, determine to take no action on the referral, or to suspend or discontinue any action on the referral, if SAET considers or is satisfied that—

the matter or dispute should be determined in some other manner; or

proceedings that relate to the subject matter of the referral have been commenced under the Fair Work Act 1994, or before some other body or person; or

there is some other reasonable cause that justifies a decision not to proceed, or to suspend or discontinue any action under this section, (and such a determination will have effect according to its terms).

The following provisions apply in connection with the application of Part 5 of the South Australian Employment Tribunal Act 2014 in relation to a determination under this section:

if the referral agreement provides that a determination will be final and conclusive, the determination will not be subject to review or appeal under Part 5 of the South Australian Employment Tribunal Act 2014;

if an application for review or appeal under Part 5 of the South Australian Employment Tribunal Act 2014 is made, the determination will be taken to be part of the referral to SAET under the referral agreement.

If an application is made, it will be taken to be part of the referral to SAET under the referral agreement.

The functions and powers conferred on SAET by or under this Act are in addition to, and do not derogate from, any other function or power of SAET under the Fair Work Act 1994 and the South Australian Employment Tribunal Act 2014.

A referral agreement may be amended from time to time by agreement between the parties to the referral agreement.

Once a referral has been made a party cannot withdraw from the referral agreement without the agreement in writing of the other party or parties to the agreement.

The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.