Every people decision sits inside a jurisdiction, an institution’s remit, and a reform timeline that has been moving since late 2022. Get the map right first and the rest of this pack runs on rails.
Most private sector work in South Australia sits in the national system under the Fair Work Act 2009 — but SA law still governs long service leave, WHS and workers’ compensation/return to work regardless. Three institutions divide the labour: the FWC sets and decides, the FWO enforces, DEWR writes the policy. Since late 2022, two reform waves — Secure Jobs, Better Pay (2022–23) and Closing Loopholes (2023–24, staged into 2025) — have rewritten exposure across wage compliance, engagement models, labour hire, bargaining and new protections like the right to disconnect. Your job is to hold one clean map: which system, which institution, which commencement date — and a register that proves each change landed.
Most private sector workplaces in South Australia are in the national (federal) system under the Fair Work Act 2009. The state system continues to apply primarily to the SA public sector and many local government workplaces for industrial relations matters. And regardless of which IR system applies, SA WHS and workers’ compensation laws apply in SA workplaces — unless a Commonwealth scheme such as Comcare covers the particular organisation.
So start every matter with a three-part check before you touch the substance.
When something moves in workplace law, knowing which institution owns it tells you what kind of document you’re reading and how much weight it carries.
What it is — Tribunal
What it does — Sets minimum wages (annual wage review), maintains modern awards, approves enterprise agreements, resolves a wide range of disputes.
What it is — Regulator / enforcer
What it does — Provides guidance, investigates contraventions, brings proceedings.
What it is — Policy owner
What it does — Owns the legislation programme; publishes official reform material and fact sheets.
Since late 2022 the reforms have rolled out in tranches: Secure Jobs, Better Pay (2022–23) and Closing Loopholes (2023–24, with staged commencements into 2025). Together they raise exposure in wage compliance, engagement models (casuals, contractors, fixed-term), labour hire, bargaining and union rights, and new protections such as the right to disconnect. The dates below are the minimum viable timeline — the ones that should already sit in your reform register.
What changed — Sexual harassment expressly prohibited in connection with work, with expanded dispute pathways.
Your move — Embed “reasonable steps” prevention: policy, training, reporting, investigations.
What changed — Fixed term contract limits (including 2-year/one-extension and consecutive-contract rules).
Your move — Issue the Fixed Term Contract Information Statement (FTCIS) to new fixed-term employees.
What changed — Superannuation added to the NES, enabling court recovery under the Fair Work Act (subject to limits).
Your move — ATO stays the primary super regulator; FWO may play a complementary role.
What changed — Casual definition updated (firm advance commitment on practical reality + casual loading entitlement); “whole of relationship” contractor test for constitutionally covered businesses; right to disconnect starts (non-small business).
Your move — Re-test casual and contractor arrangements against the new tests; check the award term is in place.
What changed — Regulated labour hire arrangement orders (“same job, same pay”) can take effect — a protected rate of pay in certain circumstances.
Your move — Build labour hire procurement checks; eligible parties can apply for orders.
What changed — Intentional underpayment of wages/entitlements can be a criminal offence. Honest mistakes are not captured.
Your move — Stand up wage assurance; small business protections include the Voluntary Small Business Wage Compliance Code and cooperation agreements.
What changed — Minimum wages up 3.5% from the first full pay period on/after 1 July 2025; SG rate 12% for salary/wages paid from that date.
Your move — Apply the AWR uplift and the SG change in the same payroll cycle review.
What changed — Right to disconnect extends to employees of small business employers.
Your move — Close the loop on after-hours contact expectations everywhere.
Right to disconnect commenced in two stages: 26 August 2024 for non-small business, 26 August 2025 for small business employers. Awards had to include a right-to-disconnect term by the 2024 date.
A map you can’t audit is trivia. The operating pattern: a reform register that tracks each change item, its commencement date, impacted cohorts, impacted instruments (award/EA/contract), the policy or process owner, and evidence of completion. Pair it with a quarterly wage compliance assurance cadence and a standing HR–Payroll–Legal–WHS forum so nothing lands on one desk alone.
Even when industrial relations are federal, SA law governs several intersecting areas — and they belong inside the same governance framework, not a side file.
SA law continues to govern long service leave, WHS (including psychosocial hazards), workers’ compensation and return to work, and SA labour hire licensing. Integrate all four into your national-system governance rather than treating them as exceptions.
Currency & care. General information for practitioners, not legal advice. Current as at 27 February 2026 (Adelaide, South Australia); validate thresholds, dates and instruments against the primary sources above before relying on them. Federal (national system) lens with South Australian overlays noted where relevant.
The Fundamentals is one series inside The People Practice. If you’d like help turning these controls into your operating rhythm, let’s talk.
Start the conversation →